HomeMy WebLinkAboutRP 12-27; Cafe Panini; Redevelopment Permits (RP) (2)~ ,_f ... :, ..
·~CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
DeveiODIJ!ent Permits
~Administrative Pennlt
0 Coastal Development Pennit (*) 0 Minor
0 Conditional Use Pennit (*)
0 Minor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Pennlt 0 Minor
0 Hillside Development Pennit (*)
0 Planned Development Pennlt
0 Residential 0 Non-Residential
0 Planned Industrial Pennit
0 Planning Commission Detennlnation
0 Site Development Plan
0 Special Use Pennit
0 Tentative Tract Map
0 Variance 0 Administrative
(FOR DEPT. USE ONLY) Leal§/atlve Permits
rJ( P I ~-J. 7 0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan 0 Amendment
0 Specific Plan 0 Amendment
0 Zone Change (*)
0 Zone Code Amendment
(FOR DEPT. USE ONLY)
South Carlsbad Coastal Review AIW Permits
0 Review Pennit
0 Administrative 0 Minor 0 Major
VIllage Review AnNJ Permits
0 Review Pennit
0 Administrative 0 Minor 0 Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULnPLE APPUCAOONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICAnoN MUST BE SUBMITTED PRIOR TO •:OO P.M.
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
BRIEF DESCRIPTION OF PROJECT:
BRIEF LEGAL DESCRIPTION:
LocATioN oF PRoJEcT: 5" D s: c. o o./~ fit!e_ &~"" 1) \a~ Cft '7' ;;J!J olb h STREET ADDRESS
ON THE: (N~R~H~j'TH, EAST, WEST) SIDE OF 0 ° Is 'lNA~F STREET)
BETWEEN ~ I e r-AND _..=S:;._fc-'--q"""--+-__,___;e~~-====-------
/(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of6 Revised 06/12
0
OWNE~ NAME (Print): ....~{ .... :.,c...:e1J=.:::G-':;...._____:t:>~~=;..:.W,L,;....:T:.J./..aiS~-
MAILING ADDRESS: ~ ( 0 M c;ifo 1'=: \ wft\{
CITY,STATE,ZIP: aA--fl.-L.S.f24o Cf'r 1.'LCPf
TELEPHONE: 7 \e Q 2eJ 1 1 p tJ I-
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFOR ION IS T UE AND CORRECT TO THE BEST OF MY
KN E.
APPLICANTS REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
0
APPLICANT NAME (Print): S /Jr /iiQV /?-J
MAILING ADDREss: , 1-KCe o tsc.ov f!f:ru{ wf!'sr.
CITY, STATE, ZIP: $ t1-N J411MZ..cot I CA-~ 'Lo1 fl
TELEPHONE: 'JfnO-Cf, 'f--q/'J..)...
EMAIL ADDRESS:
THE LEGAL REPRESENTATIVE OF THE OWNER
OVE INFORMATION IS TRUE AND CORRECT TO
DGE.
'l .. cA-11-
DATE
TELEPHONE: 1rtJo to1--1oo4
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IJWE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND ::9j.IINN~IIY SUCCESSORS IN INTEREST. k... ~~
PROPERTY OWNE~URE
FOR CITY USE ONLY
P-1 Page 2 of6
SEP 0 6 2012
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 06/12
----·--------------------~~------------------------(~~--------------------~
·.(~ '~ ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as ·Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust. receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit •
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person CJ(::Nf/ ~7L S Corp/Part. __________ _
Title bw wf:;t1-C~v~.) Title ___________ _
Address Qo Wvtro& if4Y 1'l«>f Address _________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of Abb persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e .• partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person f:tJM VI b NB Corp/Part. ___________ _
Title f fZ.o P. 0 w j.J t'AL Title _____________ _
Address ·?:JK CO fft~ ~9 Ci T2Ckt Address ___________ _
Page 1 of2 Revised 07/10
·c
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust N /~ Non Profit/Trust. ________ _
Title { Title. ____________ _
Address _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ~No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
-/~"'· ~r-Signature of ownedate
Print or type name of owner
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
.-~--------------------~~~---------------------.~·~----------------~
~ :J.' ... ., ....
. ·~ CITY 0 F
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
PROJECTNAME: --~?~~~~~~~E~aM~~IN~1-----~~o~G~v~.o~k~L~$~f~· -------
APPLICANT NAME: -~b~e;:tv~~:;__· --~,t;2!L,.u....:~-.:l'r?J~~7~1•C------------
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the. proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
P-1(8) Page 1 of 1 Revised 07/10
·.~ .( ·!'
. ·~ CITY 0 F
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
0
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
The development project and any alternatives proposed in this application !r! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: (:;,~ €:' fz~lt1J f 1 S
PROPERTY OWNER
Name: ToMA-~ YI&N l?
Address: $""co ~(;fuvv-wlr1 Address: 3(<f"o f/1&/So c.A CA/2c[ e
1zd 1~K
Phone Number: Jr,o UJ.-Joo f Phone Number: 7 faa 7 ktf -1a(/
Address of Site: Cio ~ C o AiL... A:Vf: ~
Local Agency (City and County): C.kfku;. fPA12 l <; A:tJ t?f6i?p ?ou}/"Cf
Assessor's book, page, and parcel number: __ kp.o:;....ooo...+..:.--.....;o;;......o./_--__,_/-"cp""--_________ _
specifylist(s): Con...r~G ~~T /6-~1(~~~ I
Regulatory Identification Number:._,T~ol...l,~IL/J""0-1+--.:;.3u.O"-~O~f-1,_4-....L-___________ _
Date of List: ~tJ ~ 1
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07110
Order No. 355-1389297-41
Orange Coast Title Company of Southern California
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714-558-2836
PRELIMINARY REPORT
ERA Ranch and Sea Realty
2963 Carlsbad Blvd
Carlsbad, CA 92008
Attention: Ronda Ussery
Property address: 505 Oak Avenue, Carlsbad, CA 92008
Dated: September 5, 2012
Your no.:
Order no.:
505 Oak
355-1389297-41
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of Southern California
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing
the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect,
lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth
in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 8 of this report
carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the
terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as the condition of title and may not list all
liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a binder or commitment should be requested.
Dated as of August 28, 2012 at 7:30AM
Page 1
John Fernando, Title Officer
Ph: 714-558-2836
Email: satitleunit@octitle.com
Order No. 355-1389297-41
SCHEDULE "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Thomas D. Vigne and Lucinda S. Vigne, husband and wife as community property
The land referred to in this report is situated in the County of San Diego, State of California, and is described as follows:
The Southerly 90 feet of the Northeasterly 140 feet of Lot 1 of Industrial Tract, in the City of Carlsbad, County of San Diego, State of
California according to the Map thereof No. 1743 filed in the Office of the County Recorder of San Diego County, January 3, 1923,
and the Northeasterly 50.00 feet of Lot 1, Industrial Tract, in the City of Carlsbad, County of San Diego, State of California according
to the Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923
Assessor's Parcel Nurnber(s): 204-010-16-00
Page2
Order No. 355-1389297-41
SCHEDULE "B"
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
General and Special taxes for the fiscal year 2012-2013, including any assessments collected with taxes. A lien not yet
payable.
First installment due and payable November 1, 2012, delinquent if not paid by 12/10112
Second installment due and payable February 1, 2013, delinquent if not paid by 4/10113
2 The following taxes have all been paid and are reported for proration purposes only. General and Special taxes for the fiscal
year 2011-2012.
Total amount $3,471.32
1st installment $1,735.66
2nd installment $1,735.66
Code area 09098
Parcel No. 204-010-16-00
Exemption $Not Shown
3 The Lien of supplemental taxes if any, assessed pursuant to the provisions of section 75,et seq of the revenue and taxation
code of the state of California
4 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: March 13, 1952 in Book 4402, Page 430, of Official Records.
For: Public utilities, ingress and egress and incidental purposes
In favor of: San Diego Gas and Electric Company
Affects : The route thereof affects a portion of said land and is more fully described in said document
5 "NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge
of any outstanding obligation, please contact your title officer immediately for further review".
6 The only conveyance affecting said land recorded within 24 months of the date of this policy are as follows: nil.
7 Applicant has requested Orange Coast Title Company of Southern California (The Company) to issue a preliminary report of
the property described herein. Applicant is aware that Title Insurance may be available for the contemplated transaction, but
may not request the company to issue or cause to be issued a policy therein. Applicant agrees that this report is issued for the
exclusive use of applicant and that said preliminary report is issued pursuant to section 12340.11 of the insurance code of the
State of California. By acceptance of this report, applicant understands and agrees that said report is not an abstract of title,
nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applicable
to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the condition of the
title to real property, but shall contribute a statement terms and conditions upon which the issuer is willing to issue a title
policy, if requested to do so.
8 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our
examination.
End Schedule B
Page 3
Order No. 355-1389297-41
"NOTES AND REQUIREMENTS SECTION"
Note No.I
Califomia Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 113% of the total sales price as
Califomia State Income Tax, subject to the provisions of the law as therein contained.
NOTE NO.2 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
Note No.3
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub-escrow. If funds are to be deposited with Orange
Coast Title Company of Southern California by wire transfer, they should be wired to the following bank/account:
Wiring Instructions for This Office:
Page4
Citizens Business Bank
301 Vanderbuilt Way
San Bernardino, CA 92408
Account Name: Orange Coast Title
Account No. 245122620
ABA Routing# 122234149
Pay-OtT Fax No. (714) 245-7780
Reference Order No. 355-1389297-41
and John Fernando, Title Officer
Order No. 355-1389297-41
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed.
Thank you for your support of Orange Coast Title Company of Southern California. We hope that this makes your job a little
easier.
Page5
Order No. 355-1389297-41
Exhibit "A"
The Southerly 90 feet of the Northeasterly 140 feet of Lot 1 of Industrial Tract, in the City of Carlsbad, County of San Diego, State of
California according to the Map thereof No. 1743 filed in the Office of the County Recorder of San Diego County, January 3, 1923,
and the Northeasterly 50.00 feet of Lot 1, Industrial Tract, in the City of Carlsbad, County of San Diego, State of California according
to the Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923
PageS
Order No. 355-1389297-41
Exhibit B (Revised 01-01-08)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE
The fi>llowinS matters ... expressly coccluded &om the co-.e of this policy IIICI the Co-will not pay loa or damqe, costs. IIIOmeyS' fees or expenoa whicb arise by ......,n of
I. (a) Any laW, ordinanoe or governmental regulllion (includiiig but not timited to building or zoning laWs. ordinaaca, or regulations) restricting. regulating. prohibitinl or relatinot (i) the occ:upanc:y, use, or enjoyment of the
land; (ii) the character. dimcnsio• or location of any tmprovcmcat now or hereafter erected on the land; (iii) a separatioa ill ownership or a chinac in the dimensions or areaoftlte land or any parc:el of which the land is or wu a put; or (iv) environmental protection. or the effect of any violation of these laws. ordinanea or governmental rqulatio•. ex~ to the extent that a notiec of the enforcement thereof or a notice of a defect. lien. or encumbra~~CC raultin& &om a viofation or aUegcd violation affeCtina the land bu been recorded in the 2Ubl~ m:ordl at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent t~a a notice of the exercise tbercof or notiCe of a defect, lien or encumbrance resulting {)om a violation or &!JCIO! violation aft'ectina; the lind has bCcia recorded ia the ~blic rccordl at Date of f.tolicy.
2. Ri&btl of""'inent domain unless notice of the exercise tbereofbu been ra:orclod in the public records II Dote ofPoticy, but not excludiD& &om coveraaeiiiJIIIIrin& which bu occurred prior to Date of Policy which would
be binding 011 the ripll of a~ li>r value without knowlcdse. J. Defecti. lieDI. encumbranCe~. advone claims or other mlttas: (a) wbethor or not ra:orclod in the public rec:onls 11 Dale ofPoticy, but created sufFered. assumocl or qroed to by the insured claimant; (b) not known to the ComJ>&!')'. not recorded iD the ~ublic recorda 11 Dote ofPoticy, but known to the insured claimant and not dioclooed iD writing to the ComJI&Dl' by the illlllf<d claimant pnor to the date the insured claimaot became ID insured
under this policy; (c) rauMing m no k>ll or damace to the insured claimaati._(d) attaching or created subsequent to Dote ofPolicy; or (c) resukma in loss or damqc which would not have been sllltained if the insured claimant
had oaid value for the insured mortaa~e or for the estate or interest i•ured ~this ~licy. 4. trnenli>n:eability of the tien oftliC insured~ bcc:ause of the iaability or failure of the insured 11 Date of Policy, or the inability or failure of 111)1 subsequent owner of the indebtedness. to comply with the applicable doing buaiMH laws of the stale iD which the land oa situated. ~. InValidity or unenli>rceahility of the lien of the insured IIIOrti&IJe, or claim tbereo( which arises out of the tiansaction evidcnc:ed by the iaswed mortgage IIICI is based upon usury or 111)1 consume< credit protection or truth m lelldm• raw.
6. Any claim. which arises out of the tranaction vesti01 in the iiiiUfed the estate of interest insuted by this poticy or the traiiSaCtion creotin& the interesl of the insured lender, by reason of the operation oftedc:ral bankruptcy,
state imotvCIIcy or similar crediton' rights 1awL
EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I
This poticy does not insure opiDst lool or domale (llld the Company will not J)IIY costs. attorneys' fees or expenses) which arise by reason of
I. T .... or--whiCh are not shown as exiSting liens by the records of any taxinl authOrity that leviCS taxes or assesoments on n:al property or by the public records. Proceedings by a public agency which may m~~~k in tua or uscumema. or notica of such proceedinp. whether or not shown
1>y the rec:ord8 of such qency or by thO public records. ~: ~ ~ 0~;"c'/m"!. ~'t:h"icbby ~g:'!tw, recg;""thebu.!,bi'icich~:':. be ascertained by an inspection of the land or which may be asserted by peroons in possession thereof
4. Discrepancies, conflicts iD boiJII!Iorr lines. shortqe in area. encroachments, or any other fio:ts which a COtTect survey would dioclose,IIICI wbicb are not sbown by the public records. ~. (a) U-ted mininl claims; (b) .-vations or exceptions in patents or in Acts autborizin1 the issuauce thereof, (c) water fiabts, claims or title to wale<, whether or not the matt<n excepted under (a), (b) or (c) are shown
by the public reconls.
CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (01/01/08) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS
In additioa to the Exceptions in Scbedllle B, You are not insuted apinst lou, costJ,IItomeys' fees,llldexpeilses resukinl &om:
1. Govemmcatal police power. aDd tM Ctilteac:e or violation of any law or pcmmeat regulation. This includes ordinances, laws and rca;ulations concerning: Lbuilding, b. zoning, c. Land usc d. improvements on the
Land., e.LIDd division,£ c:n.viromacatal protection. This Exclusion does not apply to vio1ationa or the c:n.tOrccmeat of these ma.ttcn if notice of the violation. or enfon:emc:n.t &ppean in tbc Public: Rcalnis at the Policy
Date. This Eac ... ion docs not timit tbo coveraac dcoc:ribed in Covered Risk 16, 17, 18, 19 or 24.
2. The failwc of Your Ctilt.iaa s~ or any pll't of them, to be constructed ill KCOrdance with applicable buildina codes. This Exclusion dOCB not apply to violations of building codes if notice of the violation
appean iD the Public Reconlo at the Policy Date.
3. The ri&bt to take the Laud bycond...,.ing it. uniCOI: La notice ofexcrcisin1 the right appears in the Public Records at the Policy Date; or b. the taking happened befOre the Policy Date mel is bindiag on You ifYou
bou&bt the Laud without Knowing of the taking.
4. Risks: L that arc created, allowed, or agreed to by You, whether or not they-in the Public Records; b. that are Known to You at the Poticy Date. but not to Us, unless they appear in the Public Records at the
Policy Dale; c. that rcouM in no loa to You; or d. that first occur after the Policy Date • this does not tim it the coveraac deacribed in Coveted Risk 7, 8.d, 22, 23, 24 or 25.
~.Failure to pay value forYourTitle.
6. Lack of a right: L to any Land outside the area specifically descnbed and referred to in paragraph 3 of Schedule A; and b. in streets. alleys, orwiltcrways that touch the land. This Exclusion docs not limit the
c described iD Coveted Risk II or 21.
Your Deductible Amount Our Maximum Dollv Limit of Liability
Covered Rlllk 16: _l_% ofPoDcy Amouat or$ .... L3!1JI!L.Jwhlchevcr lJ leu) S 10 000 08
Covered Rlllk 18: _l_% of Poley Amount or$ ~(whichever Is leu) S 25.000 00
Covered Rlllk 19: _I_% or PoUcy Amouat or S ~(whlcbevcr ls leu) S 25 000,00
Covered Rlllk 21: _l_% ofPoUcy Amouator S .. 1.3!!JI!I .. .J"hlcbever Is lea) $ 5 000,00
AMERICAN LAND TITLE ASSOCIATIONRESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS ln addition to the Exceptions in Schedule B. you ..., not insured against loss, costs, litOmeyS' feeo, and expenses resulting &om:
I. Governmental potice power,IIICI the eaistence or violatioa of any law or government reguJation. This includes buildin1111Cl zon~ ordinanc:cs and also laws and regulations concemin1: • land use • improvements on the
land * laDd divisaoa • environmental PJ!»!ection. This exclusion dOCI not apply to violations or the enforcement oftbc:sc matten whteh appear in the public records at Policy Date. This exclusion does not limit the zoning cov!ftllc deacribed in Items 12111dl3 of Coveted Title Risks. 2. The npt to take the land by conclemning it. unless: •anoticeof"""""'inl the fiabt appears in the public records *on the Policy Dote *!betaking happened prior to the Poticy Date mel is bindin1 on you if you bought the
land without knowing of the :t!'&, ~hcT:~~~t=~~~limit ~:~:o~ m";t~~·w.:~~~~':':'.! ro~·c':.':! ~i~ ~ist" Policy Date .... unless they appeared in the public ra:ords *that result in no loss to you *that first affect your title after
4. Failure to pay value lOr your title.
S. Lack of a right: •to any land outside the area specifically described and referred to in Item 3 of Schedule A OR •in streets, alleys. or waterways tlw touc:h your land. This exclusion docs not limit the access coverage in
Item~ of Covered Title Risks.
ALTA LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
The following matters arc expressly cx~ludod &om the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fc:a or expenses which arise by reason of
I. (a) Any Jaw 9 ordinance or govemmcntal regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy. use, or
enjoyment of the laud; (ii) the cbaractct, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or wu a part; or (iY) environmental protection. or the effect of any violation of these laws, ordinances or govCI'IlllleDtal regulations, except to the extent that a notice of the enforcement tberc:of or a
notice of a defect. lien or cnc:umbnncc resulting from a violation or aUcged violation affecting the land has been recorded in the public records at Date ofPolicy. (b) Any governmental police power not excluded by
(a) above, except to the extent that a notice of the exercise thereof ora notice of a defect. lien or encumbrance resulting &om a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. R.igbta of eminent domain unlcsa notice oftbc exercise thereof has been rcc:ordcd in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be bindin& on the rights of a pun;hascr 1br value without knowledge.
3. Defects, liens. encumbrance~. adven4= claims or other mattcrs:(a)created. suffered. assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy,
but known to the insured claimant and 1t0t disclosed ill writing to the Company by the insured claimant prior to the date the insured claimant bccune an insured under this policy, (c) resulting in no loss or damage to
the insun:d claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services. labor or
material or to the Cttcnt insurance is afforded herein as to assessments for street improvements under construction or completed at Dilte of Policy);or( c) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the insured mortgage.
4. Uncnforceability of the lien of the inJured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure ofaoy subsequent owner of the indebtedness. to comply with applicable
doing business laws of the state in whic.b the land is situated.
S. Invalidity or uncnforccability of the lien of the insured mortgage. or claim tbcrco( which arises out of the transaction cvideaced by the insured mortgage and is based upon usury or any consumer credit protection or
truth in lending law.
6. Any statutory lien for services. labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to
the land which is contracted for md co01meaced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured hu advanced or is obligated to •dvance.
7. Any claim, which arises out of the traDUCtion creating the interest oft he mortgagee insured by this policy. by reason oftbe operation of federal bankruptcy. state insolvency, or similar creditors' rights laws. that is
based on: (i) the transaction creating the intcrc:st of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or(ii) the subordination of the interest of the insured mortgagee as a result of the
application of the doctrine or equitable subordination; or( iii) the transaction creating the interest of the insured mortgagee: being deemed a preferential transfer except where the prcfcrc:ntial transfer results &om the
failure:(a)to timely record the instrument of transfer; or( b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy fonn may be issued to afford either Standard
Covenae or Extended Coverage. In addition to the above Exclusions &om Coverage, the Exceptions &om Coverage ill a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy docs not insure against losa or damage (and the Company will not pay costs. attorneys' fees or expenses) which uisc by rc:ason of.
I. Taxes or assessments which arc not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public qcncy which ntaY n::sult in taxes or assessments, or notices of such pnx:ccdings, whether or not shown by the records of suth agency or by the public records.
2.Any facts. rights. interests or claims which arc not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereo£
3.Eucmcnts, liens or encumbrances, or claims thcreo£, not shown by the public records.
4.Discrepancies, conflicts in boundary lines. shortage in uea. encroachments. or any other filets which a correct survey would disclose, and which are not shown by the public records.
S.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water. whether or not the matters excepted under (a). (b) or(c) are
shown by the public records.
2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE
The following matters are Cllprcssly excluded from the coverage of this policy, and the Company will not pay loss or damage. costs, attorneys' fees, or expenses that arise by reason of.
Page 7
Order No. 355-1389297-41
I. (a) Any laW. ordinance, pcrmil. or governmental regulation (including tbosc relating to building aod zoning) r<~tricting. regulating, prohibiting, or n:lating to: (i) the occupancy, usc, or enjoyment oftbc Land; (ii)
the chanctcr. dimcn~ion~ or location of any improvement erected on tho Land; (iii) the subdivision of land; or (IV) environmental protcction;or the effect of any violation of these laws, ordinances, or governmental
rqulatio.._ Thia Excluaion I (a} doa not modify or limit the covengc provided under Covered Risk S. (b) Any governmental poliec power. Thil Exclusion I (b) does not modify or limit the coverage provided under
Covered Risk 6.
2. R.iabb of eminent domain. This Exclusion doa not modify or limit tbe coverqepmvided under Covered Risk 7 or 8. ). Dcfectl. Jicna. cncumbnncco,lldvcnc claims, or other mattcn: (a) c:n:atcd, suffered, usumcd, or agreed to by tbc Jnsun:d Claimant; (b) not KDown to tbc Compaoy, not recorded in the Public Records at Oatc of
Policy, but Kn<>wa to tbc Jmun:d Claimaot and not diacloscd in writing to the Company by the Insured Claimaot prior to the date the Jnsun:d Claimant became ao lnsun:d uodcr this potiey;(c) n:ouking in no lou or
damage to the Insured Claimaat;(d) attaching orc:rcatcd subocqucut to Dille of Policy (however, thil doCI not modifY or timit the coverage provided uodcr Covered Risk II, 13, or 14); or (c) rcsuking in ion or
damage that would not have been IUIIaincd if the Insured Claimaot bad paid value lOr the Jnsun:d Mortaagc.
4. u...,fbn:cability of the lieD oftbc llllun:d Mortg&Jc because oftbc inability or failun: of ao Insured to comply with applicable doing-busin ... Jaws of the state wbcrc the Land is situated.
S. Invalidity or imenCoruability in wix>lc or in pan of the lien oftbe Insured Monpae that arila out of the transaction evidenced by the Insured Mortgqc and is bucd upon usury or any co•umcr credit prot«tion or
tnJtb.in-lcoclill&law.
6. Any claim, by rcaaon ofthe operation of federal bankruptey, state insolvency, or similarcrcditon· rishls Ia,.-., thai tbc transa<:tioo creating the lien of the Insured Mortgage, is: (a) a fraudulent conveyance or
&audulcllt tram&:r, or (b) a pn:fercntial tnDI&:r lOr aoy reason not stated in Covcicd Risk 13(b) of this potiey.
7. Any ticn oil the Title lOr real-to taxc1 or --imposed by aovcmmental authority and c:rcatcd or attacbina between Oatc of Policy and the date of recording of the Insured Mortgaac in the Public Rec:ords.
This Excluioa doco oot modilf or tim it tbc covcraac provided under Cow:rcd Risk II (b). The above policy fOrm may be ioued to aiiOrd either Stll>dard Coverage or Extcndod Coverage. In addition to the above ExclusiotB
&om Coverage, the Exceptions &om Covcnac in a Standard Covcnac potiey will also include the fOllowing Exccptionl &om Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or dlllll&e (and the Company \\ill not pay costs. attorneys• fees or expenses) that arise by rasoa of
I. (a) Taxa or -mcnts that arc not shown u existing liens by the records ofaoy taxing authority that Jcvico taxes or uscamcnts on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or ancnmcnts, or notices ofsuch proceedings, wbcthcr or not shown by tbc records of such ageney or by the Public Records.
2. Any &cts, risllll, interests, or claima that an: not abcwa by the Public Records but that could be asccrlaiocd by ao inspection of the Land or that may be wcrted by pcnons in poacssion of the Land.
3. -· licm or cncumbnnceo, or claims thcrco( not abcwn by tbc Public: Records.
4. Any ~cnt. cncumbraocc, violation, vlriation, or adverse circumstance affectinl the Title that would be disclosed by ao accurate and complctc laod survey of the Land IUid not shown by the Public Rec:ords.
S. (a) Unpatented mining claims; (b) reservations orC>tccptiona in patents or in Acts authorizing tbe issuaoc:e thereof; (c) water ri&hls, claima or title to water, whether or not the malton Qccptcd under (a), (b), or (c) an:
shown by the Public Records.
ALTA OWNER'S POLICY (l0-17-9Z) EXCLUSIONS FROM COVERAGE
Tbc li>llowing mattm arc cxpn:osly e.cludcd liom the coverage of this potiey and tbe Company wiU not pay loa or damqc, costJ, atlorne)w' fcco or expcns01 wbic:b ariac by reuoa of
I. (a) Any Jaw, ordinance or govcrnmcatal regulation (including but not timiled to building and zoning Jawa, ordinaDccs, or rcgulationa) restricting, regulating, prohibiting or n:Jating to (i) the occu-. -or cnjoym011t of
the land; (ii) tbo chan<:ter, dim0111ions or location ofaoy improvement now or bcrcaftcrcrccrcd oo tbc laod; (iii) a separation in owacrsbip ora chana• in the dimensions orarcaofthe land or aoy parcel of which tbc land is
orwu a part; or(iv) environmental protection. ortbeeft'ect of any violation of these Jaws. ordinances or govemmcatal reaulations. except to the extent that a notice of the cnforanneot thereof ora notice ofa defect. lien or
encumbrance raulting &om a violation or aUcsed violation aft'ccting the land bas been recorded in the pub tic records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that
a notice of the exerciK tbcn:of or a notice of a defcct.lien or encumbrance raultin& &om a violation or alleged violatioa. affec:tia& the land bas been recorded in the public n:cords at Dltc of Policy.
2. Rilhls of eminent domain unloa notioc oftbc exercise tbcrcofbas been recorded in the pub tic records at Date ofPotiey, but not excluding iom coverage aoy taking which bas occurred prior to Dllc of Policy which
would be binding on the rigbta of a purchaser lOr value without knowlcdgc.
3. Defects, Ji..,., encumbrancco, advcnc claimo or other mattcn: (a) created, suffered, assumed or agreed to by the insun:d claimant;(b) oot known to tbc Compaoy, not recorded in the public records 11 Date ofPoliey,
but knowa to tbc insured claimant and not diacloscd in writing to the Company by tbc insured claimaot prior to tbc date the inaured claimant bcc:amc an insured uoder this poliey;(c)rcsuking in no loa or datnagc to the
insured claimant; (d) attacbing or c:n:ated subsequent to Date of Polley; ol{c) resulting in lou or datnagc which would not have been sustained if the insutcd claimant bad paid value lOr the estate or intcr01t insured by
this policy.
4. Any claim, which uiscs out of the tnnAction vcstilll in the insured tbc -•• or interest insun:d by this potiey, by reason of the operation offcdcral bankruptey, state insolvency, or similar crcditon' rights laws, that
is based on: (i) the tnnAction creating the estate or imcrcst insun:d by this potiey being deemed a fraudulent conveyaocc or fraudulent tnDofi:r; or (ii) the transa<:tion creating the co!Jtc or intcrcot insured by this potiey
being dccmcd a preferential transfer except wbcrc the prcfcrcntial trons&:r I'Ciuka &om the &Hun:: (a) to timely record the instrumcat of transfer; or (b) of such recordation to intpart notice to a purchaser
for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusiom &om Coverage. the Exceptions from
Coverage in a Standard Covcrqe Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This potiey docs not insun: against loa or datnagc (and the Compaoy will not pay costs, attoroeya' tees or CXpcDICI) which ariac by reason of.
J. Taxes or uscasments which are not shOWD as aistiag liens by the recordl of any tu.i.ng audwrity that levies taxa or uscuJDCDts on reaJ property or by the pubJjc records. Proccedi»&s by a public agency which
may rauk in taxes or usessmenta. or notices of such proceedings. whether or not shown by the records of such agency or by the public records.
2. Any &ell, rishts, intcrcstl or claims which arc not shown by the public records but which could be ascertained by an inspection oftbc land or which may be ... crted by pcnons in poncnion therco[
3. Eucmcnts. liens or encumbrances. or claims tbcrco( which an:: not shown by tbc public rceords.
4. Discrepancies, conflicts in boundary linea, shortage in area. encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
S. (a) Unpatcated mill in& claims; (b) rescrvatioos or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. whctbcr or not the mattcra excepted under (a), (b) or (c)
an: shown by tbc public records.
Z006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE
The fOllowing mattcn arc cxpn:ttaly excluded &om the coverage of this potiey, and the Co~ will not pay lou or damage, costs, attorneys' f-or "'f!CIISCS that arise by reason of. I. (a) Any laW, ordinancc, permit, or govcmmcntal "'J!!lation (including those relating to building and zoning) restricting, regulating, prohibiting, or rclatmg to
(i) the occupancy. use. or enjoyment of the Land; (li) the character. dimensions, or location of any improvement erected on tbC Land; (iii) the subdivision of land; or (iv) environmental prQtedion; or the effect of any v"'lation of these laws, ordinances, or govcmmcntal ~ulations.This Exclusion l(a)doco not mudilf or limit the coverage provided under Covered RiskS. (b) Any governmental police power. This Exclusion J(b) docs not r.~~ro~~~co&,:, !'fl:~t!,= ~ve:'t ~~or timit the cov c provided under Covered Risk 7 or 8.
3. DCfects, liens, cncumbrancco, advenc claima, or other matters (a) c:n:atcd, :?crOci, assumed, or agreed to by the lnsun:d Claimant; (b) not Knowa to the Co-. not recorded in the Public Records 11 Date ofPoliey, but
Known to the Insured Claimant and not disclosed in writing to tbc Compaoy by the Insured Claimant prior to the date the Insured Claimant bcc:ame an lnsun:d under this poliey; (c) rcsuking in no Jon or datnagc to the
Jnsun:d Claimant; (d) attachinJ or created subocqucnt to Date ofPotiey (hOwever, this docs not modifY or lim~ the coverage provided uodcr Covered Risk 9 aod I 0); or (e) resulti118 in Joss or damqc that would not have been sustained if the Insured Claimant bad paid value lOr the Title. ~~c~~(i;) ': ~"b~!. ~:"'fi,~n.;:: =: n=::\"&; ~~~J~".."fofoth::~rcditors· rights Jaws. that the transaction vesting the Title as shown in Schedule A, is (a) a ftaudul011t conveyance or fraudulent
S. Any ~ .. on the Title lOr real estate taxes or assessments imposed~ govcrnm011tal authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public ~:O~::tavS'~ ~;!;: :li~~it~ !i:de~b: C~m:E'xcrn.,;!:. ~U: ~:~~:either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from
EXCEPTIONS FROM COVERAGE
This policy does not wure agamst loss or damage (and the Company wdl nol pay costs, attorneys· fees or expenses) that arise by reason of.
I. (a) Taxes or ...... m01111 that an: not sbowa as existing liens by the records ofaoy taxing authority that levies taxc1 or assessments on n:al property or by the Public Records; (b) procccdings by a public agency that
may result in taxes or ISICIIID.cnta, or notices of such proceedings. whether or not shown by the rcc:ords of such agency or by the Public Records.
2. Any filets. rights. interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection oftbc Land or that may be asserted by persons in possession of tbc Land.
3. Easements. liens or encumbrances. or claims thcrco( not shown by the Public Recorda.
4. Any encroachment. encumbrance. violation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that U'C not shown by the Public
Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof~ (c) water rights. claims or title to water. whether or not the matters excepted undcr{a). (b), or
(c) arc shown by the Public Records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/0l)EXCLUSIONS FROM COVERAGE
The following mattcn are cxpn:uly excluded from the coverage of this policy and the Company will not pay loss or damage. COStl, attorneys fees or expenses which arise by reason of
I. (a) Any Jaw, ordinance or govcrom011tal regulation (including but not limited to building IUid zoning laws, ordinances, or regulations) restri<:ting, regulatill8, prohibiting or relating to (i) the occupaney, usc, or atjoymcnt of
the Land; (ii) the character. dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land
is or wu a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting &om a violation or alleged violation aft'ccting tbc Laod has been recorded in the Public Records Ill Dale ofPoliey. This cxclusion docs not limit the coverage provided under Covered Risks 12. 13, 14,
and 16 of this policy.(b) Any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting &om a violation or alleged
violation affecting the Land bas been recorded in the Public Recorda at Date ofPoliey. This exclusion docs not timit the coverage provided under Covered Risks t2, 13. 14, aod 16 ofthis poliey.
2. Rights of eminent domain unlcu notice of the exercise thereof bas been recorded in the Public Records at Date of Policy, but not excluding &om coverage any taking which has occurred prior to Date of Policy
which would be binding on the rights of a purchaser for value without Knowledge.
3.0cfects.licns. encumbrances. adverse claims or other matters:( a) created, suffered. assumed or agreed to by the Insured Claimant; (b) not Known to the Company. not rcc:ordcd in the Public Records at Date of
Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;( c) resulting In no loss or
damage to the Insured Claimaot;(d) attaching or created subocquent to Date ofPoUey (this paragraph docs not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26);
or(e)rauh:ing in loss or damage which woukl not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. UnenforceabiJity of the lien of the Insured Mortgaae because of the inability or failure ofthe Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with
applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage. or claim thcrcot which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury. except as provided in Covered
Risk 27. or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the land subsequent to Date of Policy. This exclusion docs not limit the coverage provided under Covered Risk; 7, 8(c)
.... 26.
PageS
Order No. 355-1389297-41
7. A.Jty claim of invalidity, uncnfon:eability or lack of priority of the lien of the ltaured MortP&C u to advances or modificationa made after the Insured hu Knowledge that the vestee shown in Schedule A is no
tona:cr the owner of the estate or intcrat covered by this policy. This exclusion does not limit the coverage provided iD Covered Risk 8.
s.Lack of priority of the lien ofthe Insured MortJIIC u to each and evay advance modo after Date of Policy. and all interest clwJod thereon, over lions, encumbrances and other matters allectinc the title, the
existence of which are Known to the Insured at:( a) The time of the advance; or(b) The time a modifkation is made to the terms of the Insured Mortgage which changes the rate ofinten:st charged, if the rate of Interest
iJ gfd.tcr u a result of the modification than it would have been betbrc tbc modification. This exclusion doa not limit the covc:raae provided ia Covered Risk 8.
9. The: fiailurc of the residential structure, or any portion thereof to have been co•tructed before, on or after Date of Policy in accordance with applicable buildina codes. This exclusion docs not apply to violations of
build ina codes if Dlllico ofthe violation appears in the Publ~ Recorda at Date of Policy.
Page9
Order No. 355-1389297-41
Orange Coast Title Company of Southern California
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information -J?articularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means.
Information we receive from providers of services to us, such as appraisers1 appraisal management companies, real estate
agents and brokers and insurance agencies (this may include the appraisea value, purchase price and other details about
the property that is the subject of your transaction with us).
Information about your transactions with us, our Affiliated Companies, or others; and
Information we receive from a consumer reporting agency .
Use of Information
We request information from you for our own legitimate business purposes and not for benefit of any nonaffiliated party. Therefore,
we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have
requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which
any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or
customer analysis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your mformat10n will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Opting Out
We may also share the information we collect about you within our family of companies (our "Affiliated Companies''). We may also
provide this information to companies that perform marketing or other services on our behalf, or on behalf of our Affiliated
Companies ("Service Providers"). However, we will not share this information with our Affiliated Companies or our Service
Provtders if you choose to opt out, in writing. To opt out, please use the form entitled "Request Not to Share Nonpublic Personal
Information", which is attached hereto. This form provides instructions on how to request us not to share information with third
parties.
Please be aware that Orange Coast Title Company of Southern California and its Affiliated Companies maintain high standards to
safe~uard nonpublic, personal information, and do not rent or sell such information. Please note, however, that unless you opt out in
writmg, our Affiliated Companies and Service Providers will have access to the information in our files.
Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new
Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective.
Page 10
Order No. 355-1389297-41
REQUEST NOT TO SHARE NONPUBLIC PERSONAL INFORMATION
Please read the following information carefully.
Orange Coast Title Company of Southern California may share nonpublic, personal information we collect about you within our
family of companies (our "Affiliated Companies"). We may also provide this information to companies that perform marketing or
other services on our behalf, or on behalf of our Affiliated Companies ("Service Providers"). By sharing this information, we can
better understand your service needs. We can then send you notification of new products and services offered by Orange Coast Title
Company of Southern California, its Affiliated Companies or its Service Providers that you may not otherwise know about.
However, you may prohibit the sharing of non-public personal information within our Affiliated Companies, or with any third parties
at any time. If you would like to limit disclosures of non-public, personal information about you as described herein, please check the
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Page 11
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Orange Coast Title Company of Southern California
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714-558-2836
09
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SAN DIEGO COUNTY o\SSESSOft'S IIAP
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THIS IMP WAS PREPARED FOR ASSESSWONT PURPOSES ONI. Y. NO UABIUTY IS ASSUIIED FOR Tl£ ACCURACY OF THE Do\TA SHOWN. ASSESSOR'S PAR:EI.S MAY NOT COli'!. Y 'MlH LOCAl. SUIIIli\IISKlN Oft BUILDING ORDINANCES.
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MAP 1743-INDUSTRIAL TRACT -LOTS 1-5
MAP 775 065,535) -TOWN OF CARLSBAD AMENDED-POR TCT 106
ROS 3194
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: NOURI SIA
Description Amount
RP120027 426.00
505 OAK AV CBAD
Receipt Number: R0091142 Transaction ID: R0091142
Transaction Date: 09/06/2012
Pay Type Method Description Amount
Payment Credit Crd VISA 426.00
Transaction Amount: 426.00
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1225001-2 09/06/2012 98
Thu, Sep 06, 2012 03:41 PM
Receipt Ref Nbr: R1225001-2/0044
PERMITS -PERMITS
Tran Ref Nbr: 122500102 0044 0049
Trans/Rcpt#: R0091142
SET #: RP120027
Amount:
Item Subtota 1 :
Item Tot a 1:
1 @ $426.00
$426.00
$426.00
ITEM(S) TOTAL: $426.00
Credit Card (Auth# 06164A) $426.00
Tot a 1 Received: $426.00
Have a nice day!
**************CUSTOMER COPY*************
(t~ CITY OF
¥CARLSBAD
c
Community & Economic Development
CITY OF CARLSBAD
NOTICE OF INTENDED ACTION
0 FILE COPY
/0·/0.Jc;l
www.carlsbadca.gov
REQUEST TO CHANGE LAND USE FROM OFFICE TO COFFEE SHOP
505 OAK AVENUE, SUITE C, CARLSBAD, CA.
Date of Notice: October 9, 2012
NOTICE IS HEREBY GIVEN that the City Planner of the City of Carlsbad intends to APPROVE an
Administrative Review Permit (RP 12-27) for property located at 505 Oak Avenue, Suite C (APN 204-
010-16). The property is located on the south side of Oak Avenue just south of the State Street and
Oak Avenue intersection. The proposed project consists of the conversion of an existing sales office
to a coffee shop. The City Planner has determined that the proposed project meets all applicable
requirements and is consistent with the Village Master Plan and Design Manual. Therefore, the City
Planner intends to approve the subject permit.
The applicant for the Administrative Review Permit is Gene Desantis. The permit will allow
conversion of office space to a coffee shop.
Those persons wishing to comment on the proposed project and intended action by the City Planner
are cordially invited to submit written comments or contact the Planning Division by 12:00pm on
Friday, October 19. 2012. If you have comments on the proposed project and intended action, please
contact Austin Silva in the Planning Division at (760) 602-4631. You may also provide your
comments in writing to the Planning Division at 1635 Faraday Avenue, Carlsbad, CA 92008.
NOTICE IS HEREBY ALSO GIVEN that the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines in that the
project involves the conversion of an existing small structure from one use to another where only
minor modification are made to the interior of the structure. Appropriate documentation will be filed
by the City of Carlsbad's Planning Division.
Project Number: RP 12-27
Project Name: Cafe Panini
(For Site Map, See Reverse Side of this Notice)
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
SITE MAP
• N
NOT TO SCALE
Cafe Panini
RP 12-27
l
(~~CITY OF . •, CARLSBAD
Memorandum
October 9, 2012
To:
From:
Subject:
Clyde Wickham, Project Planner
Austin Silva, Project Engineer
RP 12-27 / CAFE PANINI
The engineering department has completed its review of the project. The engineering
department is recommending that the project be approved, subject to the following conditions:
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building permit.
Fees/ Agreements
32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention
and educational practices, maintenance procedures, and other management practices
or devices to prevent or reduce the discharge of pollutants to stormwater, receiving
water or stormwater conveyance system to the maximum extent practicable. Developer
shall notify prospective owners and tenants of the above requirements.
38. Developer is responsible to ensure that all final design plans (grading plans,
improvement plans, landscape plans, building plans, etc) incorporate all source control,
site design, and Low Impact Design (LID) facilities.
39. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Community & Economic Development-Land Development Engineering
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov
Page 1 of 2
-------------------------~··· ~-·~~
Utilities
60. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
65. The developer shall install sewer laterals and clean-outs at locations approved by the
city engineer. The locations of sewer laterals shall be reflected on public improvement
plans.
80. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are
for planning purposes only.
Page 2 of 2
-~ (~~ CITY OF
~'CARLSBAD
Memorandum
September 12, 2012
To: Austin Silva, Assistant Planner
From: Clyde Wickham, Associate Engineer
Via: Glen Van Peski, Engineering Manager
Re: RP 12-27, CAFE PANINI, APN 204-010-16
COMPLETENESS & ISSUES REVIEW
Land Development Engineering staff has completed a review of the above-referenced project
for application completeness. The application and plans submitted for this proposed project
are, from an Engineering perspective, considered incomplete with issues to be resolved before
we can support an approval:
ENGINEERING INCOMPLETE ITEMS:
1. A completed Stormwater Standards Questionnaire should be submitted concurrently
with the project application. This questionnaire will guide you and the city in
determining what type of reports and storm water mitigation must be completed to
satisfy state and city storm water quality requirements. The questionnaire (E-34) can be
printed from the following website link: www.carlsbadca.gov\development-forms.
Some best management practices (BMP's) and/or Low Impact Development {LID)
techniques to consider include landscaping (i.e. vegetated areas) around the proposed
project and directing roof and patio drainage to the landscaping. Consider using
permeable pavers for the proposed patio dining area.
2. Provide cross section of existing and proposed improvements to Oak Avenue. Show
dimensions of roadway, curb, gutter and sidewalk and parkway. If decorative concrete
or flagstone is proposed within the public right of way, an Encroachment Agreement will
be required (conditioned).
3. On the site plan, show existing and proposed spot elevations or contours, grades,
drainage patterns and facilities to drain stormwater from this site.
4. Show the intersection of State Street and Oak Avenue, use broken lines if necessary to
show the distance to the intersection.
5. Clarify the proposed parking spaces #15 and #16. If proposed, show access from Oak
Avenue to spaces 15 and 16. Show access and circulation for all proposed parking with
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
Cafe Panini I RP 12-27
September 12, 2012
Page 2
dimensions of each proposed space. The dimension for standard space #6 and #7
extends into the drive aisle from Tyler Street. Refer to city parking standards for the
required parking space dimensions, and correct the site plan. Provide a parking
summary showing adequate parking spaces for all uses, proposed and existing, on the
property.
6. Show location of proposed or existing dumpster and trash truck access.
7. Show (if required) grease traps on sewer lateral. Show sewer lateral, cleanouts and
water service locations and existing and proposed meters.
8. Staff is preparing a preliminary fee estimate of the major fees that could be required for
this project. Without detailed building plans, the preliminary estimate is based on some
assumptions, so the numbers could be revised at building permit.
If you or the applicant has any questions, please either see or contact me at extension 2742.
Clyde Wickham
Associate Engineer
Land Development Engineering Division
Attachments: Redlined Check print, topography exhibit, and Storm Water Questionnaire
Fee Calculation Worksheet
ENGINEERING DIVISION
RP 12·27
CAFE PANINI
24 SEATS INSIDE
BLDG: 1,600 SF
OUTSIDE: 900 SF
Prepared by: Linda Ontiveros Date: 09/18/2012 GEO DATA: LFMZ: 1 I B&T: o
Address: 505 Oak Avenue Suite C Bldg. Permit#: N/A
Fees Update by: Date: Fees Update by: Date:
EDU CALCULATIONS: List types and square footages for all uses.
Types of Use: RETAIL TO REST. Sq.Ft./Units 2.67+1.00 /7 seats EDU's: 6.67
Types of Use: [PREVIOUS RETAIL] Sq.Ft./Units [1600/1800] EDU's: [.89}
Types of Use: -·······-··················· Sq.Ft.!Units Current calc-----> EDU's: 5.78
Types of Use: Sq.Ft.!Units EDU's:
ADT CALCULATIONS: List types and square footages for all uses.
Types of Use: RETAIL TO REST. Sq.Ft./Units 300/1000 (2,500) ADT's: 750
c:? SANDAG Types of Use: RETAIL TO DELl Sq.Ft./Units 150/1000 (2,500)
Types of Use: [PREVIOUS RETAIL Sq.Ft./Units [40/1000 (1,600)1
ADT's: 264 (SANDAG)
ADT's: [64]
ADT's: Types of Use: ••••••••••••••••••••••••• Sq.Ft.!Units Current calc·····> ----
FEES REQUIRED:
Within CFD:OYES (no bridge & thoroughfare fee in District #1, reduces Traffic Impact Fee) 0NO
1. PARK-IN-LIEU FEE:0NW QUADRANT ONE QUADRANT 17lSE QUADARANT nsw QUADRANT
ADT'S/UNITS: I X FEE/ADT: I =$
2.TRAFFIC IMPACT FEE: 686 95.00 $65,170 (CMC 18.42.020c)
ADT'S/UNITS: 200 I X FEE/ADT: 95.00 I =$ 19,000 (SANDAG RATE)
3. BRIDGE & THOROUGHFARE FEE: DIST. #1 0 DIST.#2 0 DIST.#3
ADT'S/UNITS: I X FEE/ADT: I =$ N/A
4. FACILITIES MANAGEMENT FEE ZONE:
ADT'S/UNITS:
5. SEWER FEE
EDU's 5.78
BENEFIT AREA: NA
EDU's
6. DRAINAGE FEES:
ACRES:
7. POTABLE WATER FEES:
UNITS CODE
I X FEE/SQ.FT./UNIT: I=$ N/A
IX
IX
PLDA:
IX
FEE/EDU: 1,096
FEE/EDU:
OHIGH
FEE/AC:
1 =$ 6,334.88
I=$ N/A
0MEDIUM 0LOW
I=$ N/A
CONN. FEE METER FEE SDCWA FEE TOTAL
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: SEPTEMBER 7, 2012
PROJECT NO(S): RP 12-27 REVIEW NO: 1 -----------------------------------------~
PROJECT TITLE: CAFE PANINI ----------------------------------------------------~
APPLICANT: GENE DESANTIS
TO: [8J Land Development Engineering-Administration
D Police Department-J. Sa sway
[8J Fire Department-Greg Ryan
D Building Department-Will Foss
D Recreation -Mark Steyaert
D Public Works Department (Streets)-Nick Roque
D Water/Sewer District
D Landscape Plancheck Consultant -PELA
D School District
D North County Transit District-Planning Department
D Sempra Energy-Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK
in the Planning Department at 1635 Faraday Avenue, by 9/27/12. If you have "No Comments,"
please so state. If you determine that there are items that need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
t:t. ZL.ll • wrz ..
Signature Date
PLANS ATIACHED
Review & Comment 03/10
-----··-·---··---------------------------------
.4f~_A C I T Y 0 F
VcARLSBAD
Community & Economic Development www.carlsbadca.gov
November 20, 2012 ·
Gene Desantis
510 Anchor Way
Carlsbad, CA 92008
SUBJECT: NOTICE OF RESTRICTION-RP 12-27-CAFE PANINI
Dear Applicant:
Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for
recordation. This is to fulfill a condition of approval of the Administrative Review Permit-RP 12-27.
Please ensure the following items are addressed prior to returning the Notice of Restriction:
../ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
../ Document must be properly notarized .
../ Name on signature page and name on Notarial Acknowledgement must match .
../ Property owner's signatures/initials must be the same as on Notary Acknowledgement .
../ Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light)
../ Include property owner's name in the designated space above the owner's signature .
../ Please pay particular attention to the signature requirements at the bottom of the signature page.
It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If
you have any questions or need additional assistance, please contact Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
Sincerely,
Aid.£(
Assistant Planner
c: CED Senior Management Analyst
File Copy
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
Community & Economic Development
January 7, 2013
Gene Desantis
510 Anchor Way
Carlsbad, CA 92008
RE: RP 12-27-CAFE PANINI
'\\fu~Cc c( ! lr l 1 'b
a FILE
www.carlsbadca.gov
The City has completed a review of your application for an Administrative Review Permit RP 12-27 to
allow an existing sales office to be converted to a coffee shop located at 505 Oak Avenue, Suite C in
District 6 of the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. A notice was
sent to property owners within a 300' radius of the subject property requesting comments regarding
the above request. No comments were received within the ten day notice period (ending on November
1, 2012).
It is the City Planner's determination that the project, RP 12-27-Cafe Panini, is consistent with the
Carlsbad Village Master Plan and Design Manual and with all other applicable City ordinances and
policies. The City Planner, there APPROVES this request based on the following:
Findings:
1. The City Planner has determined that the project is consistent with the policies, goals and action
programs set forth within the Carlsbad General Plan in that the coffee shop use provides a
service that addresses the unique residential and commercial needs of this segment of the
Village community.
2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village
Review Zone) of the Carlsbad Municipal Code and all applicable development standards and
land use policies set forth within the Village Master Plan and Design Manual.
3. That the total cost of the proposed development is less than $60,000.
4. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per section 15303 Class 3 of the State CEQA
Guidelines as the project involves the conversion of an existing small structure from one use to
another where only minor modifications are made to the structure and will not have any
adverse significant impacts on the environment.
5. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is
in rough proportionality to the impact caused by the project.
. Planning Division ~·~----~-----------------------------------------------------------.... 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
RP 12-27-CAFE PANINI
January 7, 2013
Page 2
Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon approval of
the proposed development, must be met prior to the issuance of a building permit.
1. Approval is granted for RP 12-27 as shown on Exhibit "A" dated October 22, 2012 on file in the
Planning Division and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this
Administrative Review Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Administrative Review Permit RP 12-27 documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Administrative Review Permit, (b) City's approval
or issuance of any permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein, and (c) Developer/Operator's installation and operation of
the facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued an Administrative Review Permit on the real property owned by the owner/applicant.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute
and record an amendment to the notice, which modifies or terminates said notice upon a
showing of good cause by the owner/applicant or successor in interest.
\ ,..
{ RP 12-27-CAFE PANINI
January 7, 2013
Page 3
7. This approval shall become null and void if building permits are not issued for this project within
18 months from the date of project approval.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building permit.
Fees/ Agreements
8. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
const~uction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
9. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, and Low Impact
Design (LID) facilities.
10. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, .all
to the satisfaction of the city engineer.
Utilities
11. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
12. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
13. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
RP 12-27-CAFE PANINI
January 7, 2013
Page4
Code Reminders:
14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reserVations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Austin Silva at (760) 602-4631.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Tom Vigne, Property Owner, 3880 Hibiscus Circle, Carlsbad, CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Glen Van Peski, Engineering Manager
File Copy
OMS/Data Entry
Gene DeSantis
510 Anchor Way
carlsbad, ca 92008
760.1:35:3659
u1-7oof
RE: RP 12-27 CAFE PANINI
engineering:
1. Form E-34 completed, included.
2. No improvements to Oak ave are proposed.
3. Drainage pattern indicated (existing swale along west prop. line)
4. Intersection included on plan.
5. Existing curb cut provides to spaces now labeled13 & 14.
6. Trash containers for cafe will be 64 gal. located on west edge of patio.
7. Sewer location unknown. No work.
8.
planning:
9. Parking table provided below site plan.
10. s.f. recalculated.
11. See parking space # 1
12. Setback line removed.
issue of concern:
1. Parking spaces resized and dimensioned.
, -m~tne,D qj:w j,:J..
~iii:::,. ~CARLSBAD
Planning Division
September 19, 2012
Gene Desantis
510 Anchor Way
Carlsbad, CA 92008
-
SUBJECT: 1 sr REVIEW FOR RP 12-27-CAFE PANINI
LJ FILE
www.carlsbadca.gov
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your
Administrative Review Permit, application no. RP 12-27, as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which must be
submitted to complete your application. The second list is project issues of concern to staff. In order to
expedite the processing of your application, the "incomplete" items and your response to the project issues
of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff
planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please
prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all
identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans.
No processing of your application can occur until the application is determined to be complete.
When all required materials are submitted, the City has 30 days to make a determination of completeness. If
the application is determined to be complete, processing for a decision on the application will be initiated. In
addition, please note that you have six months from the date the application was initially filed, September 6,
2012, to either resubmit the application or submit the required information. Failure to resubmit the
application or to submit the materials necessary to determine your application complete shall be deemed to
constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new
application must be submitted.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and
to completely understand this letter. You may also contact each commenting department individually as
follows:
• Land Development Engineering Division: Clyde Wickham, Associate Engineer, at (760) 602-2742.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:sm
c: Thomas Vigne, 3880 Hibiscus Circle, Carlsbad, CA 92008
Don Neu, City Planner
Clyde Wickham, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
RP 12-27-CAFE PANINI
September 19, 2012
Page 2
Engineering:
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
1. A completed Stormwater Standards Questionnaire should be submitted concurrently with the project
application. This questionnaire will guide you and the city in determining what type of reports and storm
water mitigation must be completed to satisfy state and city storm water quality requirements. The
questionnaire (E-34) can be printed from the following website link: www.carlsbadca.gov\development-
forms.
Some best management practices (BMP's) and/or Low Impact Development (LID) techniques to consider
inclu~e_ landscaping (i.e. vegetated areas) around the proposed project and directing roof and patio
drainage 'to the landscaping. Consider using permeable pavers for the proposed patio dining area.
2. Provide cross section of existing and proposed improvements to Oak Avenue. Show dimensions of
roadway, curb, gutter and sidewalk and parkway. If decorative concrete or flagstone is proposed within
the public right of way, an Encroachment Agreement will be required (conditioned).
3. On the site plan, show existing and proposed spot elevations or contours, grades, drainage patterns and
facilities to drain stormwater from this site.
4. Show the intersection of State Street and Oak Avenue, use broken lines if necessary to show the distance
to the intersection.
5. Clarify the proposed parking spaces #15 and #16. If proposed, show access from Oak Avenue to spaces
15 and 16. Show access and circulation for all proposed parking with dimensions of each proposed space.
The dimension for standard space #6 and #7 extends into the drive aisle from Tyler Street.
6. Show location of proposed or existing dumpster and trash truck access.
7. Show (if required) grease traps on sewer lateral. Show sewer lateral, cleanouts and water service
locations and existing and proposed meters.
8. Staff is preparing a preliminary fee estimate of the major fees that could be required for this project.
Without detailed building plans, the preliminary estimate is based on some assumptions, so the numbers
could be revised at building permit.
Planning:
9. Please provide a parking table on the plan with all uses on site and their parking requirement.
10. Please indicate the gross and net square footage of the coffee house. The bathroom and storage room
may be removed the gross square footage. The net square footage will be used to determine the amount
of parking spaces provided.
11. A disabled parking space is required. Please provide this space and demonstrate the ADA path of travel.
The disabled parking space should be located so the path of travel is the shortest distance possible from
the disabled parking space to the business entry.
12. Please remove the label showing a 5 foot setback on the plans.
RP 12-27-CAFE PANINI
September 19, 2012
Page 3
Planning:
ISSUES OF CONCERN
1. Both the compact and standard parking spaces do not meet the minimum size area. Compact parking
spaces must be a minimum of 8' x 15', and standard parking spaces must be 170 square feet, with a
minimum width of 8.5 feet.