HomeMy WebLinkAboutSDP 12-01; Vista La Costa Apartments; Site Development Plan (SDP) (2)LETTER OF AUTHORIZATION TO RECEIVE ,CONVEY, PROCESS AND SUBMIT.
This letter is to authorize, S J Asset Management Inc. or it's Authorized Representative., the
prospective buyer of 7541-7547 Gibraltar Street, Carlsbad, California, 92009, ( APN# 216-290-
20-00,216-290-21-00,216-290-47-00), to process the building, development and entitlements
plans with the City of Carlsbad, California, USA. This also authorizes the prospective buyer to
contact current and future consultants including but not limited to all Governmental Agencies,
Utility providers, Sdg&e, Time Warner, AT&T, Water and Sewer Agerrcies, Planners, Architects,
landscape Architects, Engineers, Civil Engineers, Soil Engineers, Structural Engineers, Acoustical
Engineers, Environmental Consultants, Utility consultants, and Entitlement Consultants. The
prospective buyer is to pay all City Fees, Public agencies Fees, and Private consulting fees
incurred by prospective buyer to all consultants with no cost to the seller.
Seller~{ ft,n Date l , I "r I I ~.
Abedi Family Trust, By : ( Dr Esrafil Abedi MD)
Address: 22892 Ocean breeze Way, laguna Niguel, CA 92677.
Tel: (949) 830-5501 Fax: (949) 830-1096
l~UCADIA
~TEWATER
~DI~TRICT
Keith Hansen
C(EADERS IN
ENVIRONMENTAl
PROTECTION
February 28, 2012
2710 Loker Avenue West, Suite 100
Carlsbad, CA 92010
Subject: Apn # 216-290-20, 21, 47, Vista La Costa
Dear Mr. Hansen:
~: ~::~5~~T~;£s5!DENT
F.LAIN£ SLILLIV,I\N, Viet PRESIDENT
ALLAN JiJLIU\SEN, DIRECTOR
DAVID i<ULCHIN, DlREGOR
DONALD F. OMHW, DIRECTOR
PAUlL BUSHEE, GENERAL MANAGF.f\
RECEIVED
MAR 0 8 20\2
Ref: 12-3193
CITY OF CARLSBAD
PLANNING DIVISION
The project is in the Leucadia Wastewater District and there is sewer Capacity for this project. In
order to receive proper approval by Leucadia Wastewater District (LWD), the Owner shall
submit all applicable plan check documentation stated herein, but not limited to the following:
grading plans, sewer improvement plans, tract or parcel maps, and preliminary title reports,
grease interceptor documentation, easement documentation, etc. Simultaneous with the
submittal, the Owner shall complete a Development application form, deposit a plan checking
fee, and establish a project location code for plan check. Further assistance can be provided by
Frank Reynaga at (760) 753-0155. For additional information on the plan check application
requirements, please refer to the LWD Standard Specifications, latest edition available for
purchase at LWD or online at www.lwwd.org.
Sincerely,
~---~ r.._____
Frank Reynaga
Field Services Specialist
1960 I.A COSTA AVENUE. CARLSBAD, CA 92009 · PHONE 760.753.0155 · FAX 760.753.3094 ·LWWD.ORG ·iNFO L\rJWD.ORG
·''' ,,, .. ,,
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-(~ '~CITY OF
CARLSBAD
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Plannin1 Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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, finn, co-parblership, 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.
2.
P-1(A)
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 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 54t_r1-1di\J Mo tL11~,Jf: tA-11{ Corp/Part ~J. ~je _ _.{ jV/4;v~~rt<7f.,.,c...
Title 0W{)-(fL' s. U!A s~\&z.·'O ft....,([((..,....,.,_ Title ____________ _
Address IYITMo~~b~.FA~tL:r?<'vJ!Address fry),(;./£ S'1t-A--1'.f'/We .. , # /LI-
!?A-c-<r(<-.,0~(•lAD~St V1-~0'2-71-?-~A. c..A-;oo r4 )
OWNER (Not the owner's agent) / /
Provide the COMPLETE. LEGAL names and addresses of All 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.)
~ ~t[OI
Person c5 dt'A E ( L -A tJ Q r Ht4 HI A Corp/Part A{, Gal EA M I( t 7..-(u £7
Title ;(#· Title·---,...----------
Address 2 ~ f? f L 0c.£ArJ tf"-Gtz.' Address __________ _
W A 1; £.. ft0_ U{ll A /Vr6--11 1:--t.. / cl( '7 267_"'7 ___________ _
Page 1 of2 Revised 07/10
\
(
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 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 Jff No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
Print or type name of owner
~er*C?~ ,A~ev-:?
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07110
8.
7.
~-
9.
10.
11.
12.
~ «~ "~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
DeveloPment Services
Land Development Enpneerl,.
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
HUifldt dlytlqpmlnt Any development that creates more than 5,000 square feet of impervious surface and is v located In an 1n11 with known erosive soil conditions, where the development will grade on any natural slope that Is
· .. ' P8R:8nt (25%} or greater.
~~ Swlffn AIM CEMJ'. AD development loc:ated within or dillJCIIy ad~ to or discharging v directltOinESA (where discharges from the development or redevelopment will enter receMng waters within the
ESA), which either crMtee 2,500 equare feet or more of Impervious surface on a proposed project site or lncreaeea
the area of im-.:...--of a I Drolect site 10% or mont of Its naturallY occUrrlna condition.
Pw'ld"' lot Al8a of 5,000 equant feet or more, or with 15 or more parking apaces, and potentially exposed to utban ~ runoff
Sfr11C1. merft ~-ljltny!. Any paved surface that is 5,000 square feet or greater used for the
transportation of automobl trucks, motorcycles, and other vehicles v
W ca.oBne tJufJ'IIm. Serving mora than 100 vehicles per day and greater than 5,000 square feet v
CIJIItll Dtvtlgpmenf Zpn!. Any project local8d within 200 feet of the Pacific Ocean and ( 1) creates more than v 2500 square feet of Impervious surface or (2) increases impervious surface on property by more than 10% •
., 111tn 1:fS'II qf •tutiMIJCI. Projec;;t results In the diaturt)anca of 1-aae or mora of land and is consideract a
Pollutant-generating Development Proj8ct4. ~ v
1 Enviralll'lllfl Include not lmlild Ad section 30 tally S8nllllve ~ 1M .,. ID a1 cr.n Wat8r 3(d) lrnpand wat1r bocllea; .,.... delignlltecl aa Area of Special
Blolaglclll SlgnJIIcanclt 1Jr the Stalll Wafllr Reloun:el Contral Bolrd rN*f QUilty Contnll Plan for the San Diego Bllln (1884) and amendmanta); watar bodlea
dellg......, wllh lie RARE benellcial u• 1Jr lhe Stalll W.W ~ Contnll Board (w.&8r Quality Contnll Plan far the San Diego Bnln (1814) and aJDaidJi•tta);
... delignatad aa ~ or their equlvalenl uncial' the MUll Speciel eon-vat1on Program wllhln the Clllaa and COUnty of San Diego; and any oth.-equiY-.nt
env1n11 il1la1l8lly aanelllve araaa which have t..'lldanlllled tJr the Copamlilleaa.
2 "D!Ndy 14acent" maa1111 8ltualad wllhln 200 111et af the Enviroll'nenl8l Senlltlve Araa.
3 "DIIc:llarglng c1rac11y ID" ,...,. ouUiow from a drainage conveyance system lh8t II compoled entirely of flows from the IUiijec:t dftelopment or radevelapment llllt, and
not commingled with flow from adjacent Ianda.
4 Pallu1ant1181181allng Devalopna1l Prajacta ara thole projecll that gllllll'lll8 palutanlll at levels gredlr than bac:kgrouncllevels. In general, ltlaae Include 1111 proJects
1111t contrtbutiiiD an ltliCHdance ID an Impaired watlr body or which cna111 rww lmpervlouiiUifacea .,._. than 5000 ~q~~~~re feet and/or inlnlcluce new llildlcllplng
.... that require rou111111 UM d fertiUZ81'1 and pattlcldaa. In 111011 ca.. lnaar palhway projeclllhll are b lnfraquent vehicle UM, IUCh aa ena'QeiiCy or llllllnfllnance
acau, or b pecleati11n or blqcle uae. ara not COIIIIclarad Pollulant-generatiiiCI Daveloprialt Projecll If IIIey are bult wiltl pervious sulfacaa or If IIIey lhMt now ID
IUITOUndlng pervioUs IUifacaa.
INSTRUCTIONS:
Stcllon 1 Bllylll;
If you answered YES to ANY of the questions above, your prajec:t is subject to Prlortty o.v.lopment Project raqulrwnenls. Skip Section 2 and
please proceed to Section 3. CMck the "rneettl PRIORITY DEVELOPMENT PROJECT reqlirwnents" box In Section 3. Adclllonal stonn water
requirements wif apply per the SUSMP.
If you anawerad NO to ALL of the questions above, then please roc:eed to Section 2 and follow the instructions.
E-34 Page2of3 REV1/14111
v
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~
CITY OF , :.:;
CARLSBAD'··,~
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Per the California Environmental Protection Agency's website, 'While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/Corteselist/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker. waterboards. ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCUS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 07/10
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1206801-3 03/08/2012 32
Thu, Mar 08, 2012 11:11 AM
Receipt Ref Nbr: R1206801-3/0003
PERMITS -PERMITS
Tran Ref Nbr: 120680103 0003 0003
Trans/Rcpt#: R0088692
SET #: SDP12001
Amount:
Item Subtota 1 :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 1003)
Check (Chk# 001446)
Check (Chk# 001447)
Check (Chk# 001448)
Total Received:
Have a nice day!
1@ $11,008.00
$11,008.00
$11,008.00
$11,008.00
$45.00
$10,632.00
$36.00
$295.00
$11,008.00
**************CUSTOMER COPY*************
0 0
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
llllllllllllllllllmii~IIIIMI~ 1~
Applicant: SJ ASSETS MANAGEMENT INC
Description Amount
SDP12001 11,008.00
7547 GIBRALTAR ST CBAD
Receipt Number: R0088692 Transaction ID: R0088692
Transaction Date: 03/08/2012
Pay Type Method Description Amount
Payment Check 11,008.00
Transaction Amount: 11,008.00
• Form No. 1068-2
A:.. Tt\ Plain language Commitment
First American Title
INFORMATION
Commitment No.: NCS-523626-SD
Page Number: 2
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show
the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain
risks to the land title, subject to the limitations shown in the policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the title insurance commitment.
TABLE OF CONTENTS
Agreement to Issue Policy
Schedule A
1.
2.
3.
4.
Commitment Date
Policies to be Issued, Amounts and Proposed Insured
Interest in the Land and Owner
Description of the Land
Schedule B-1 -Requirements
Schedule B-2-Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment,
please contact the issuing office.
Page
3
4
4
4
4
Form No. 1068-2
Al Tf~ Plain language Commitment
Commitment No.: NCS-523626-SD
Page Number: 3
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Title
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.
• Form No. 1068-2 Commitment No.: NCS-523626-SD
Page Number: 4 ALTA Plain Language Commitment
SCHEDULE A
Loan Number: EC-17337
1. Commitment Date: January 12, 2012 at 7:30 A.M.
2. Policy or Policies to be issued: Amount
(A) ALTA Standard Owner Policy-2006 $To Be Determined
Proposed Insured:
To Be Determined
(B) ALTA Standard Loan Policy -2006 $To Be Determined
Proposed Insured:
West Coast Escrow
3. (A) The estate or interest in the land described in this Commitment is:
Fee
(B) Title to said estate or interest at the date hereof is vested in:
Esrafil Abedi and Shah Ia Abedi, Co-Trustees of The Abedi Family Trust
4. The land referred to in this Commitment is situated in the City of Carlsbad, County of San
Diego, State of California, and is described as follows:
ALL OF LOTS 376 AND 377 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF
NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
MARCH 10, 1970 AND THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST ONE-
QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 376; THENCE ALONG THE
SOUTHWESTERLY BOUNDARY OF SAID LOT, NORTH 21 DEGREES 25'35" WEST, 128.85 FEET
TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY
BOUNDARY OF SAID LOT, NORTH 68 DEGREES 34'25" EAST, 10.00 FEET; THENCE LEAVING
SAID NORTHWESTERLY BOUNDARY AT RIGHT ANGLES NORTH 21 DEGREES 25'35" WEST, 5.00
FEET; THENCE AT RIGHT ANGLES NORTH 68 DEGREES 34'25" EAST, 84.44 FEET; THENCE
PARALLEL WITH THE NORTHWESTERLY BOUNDARY OF SAID LOT 377 NORTH 55 DEGREES
40'48" EAST, 10.77 FEET; THENCE NORTH 2 DEGREES 34'00" WEST, 125.12 FEET; THENCE
NORTH 68 DEGREES 36'00" EAST, 26.00 FEET; THENCE SOUTH 37 DEGREES 45'51" EAST, 97.00
FEET; THENCE SOUTH 33 DEGREES 35'41" EAST, 8.75 FEET TO SAID NORTHWESTERLY LINE
OF SAID LOT 377; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55 DEGREES 40'48"
EAST, 12.00 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 377; THENCE ALONG THE
NORTHEASTERLY BOUNDARY OF SAID LOT 377 SOUTH 33 DEGREES 35'41" EAST, 146.62 FEET
TO THE MOST EASTERLY CORNER OF SAID LOT, SAID CORNER BEING IN THE ARC OF A 550.00
• Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 5
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID CORNER BEARS
SOUTH 33 DEGREES 35'41" EAST; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
LOT AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 10'06" A
DISTANCE OF 116.81 FEET; THENCE CONTINUING ALONG SAID BOUNDARY, TO AND ALONG
THE SOUTHEASTERLY BOUNDARY OF THE ABOVE MENTIONED LOT 376, TANGENT TO SAID
CURVE SOUTH 68 DEGREES 34'25" WEST 127.18 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL NO. 2 IN A CERTIFICATE OF COMPLIANCE
RECORDED ON AUGUST 27, 1984 AS FILE NO. 84-325375 OF OFFICIAL RECORDS OF SAID SAN
DIEGO COUNTY.
APN: 216-290-20-00, 216-290-47-00 and 216-290-21-00
Form No. 1068-2
AL 1 A Plain Language Commitment
The following requirements must be met:
SCHEDULE B
SECTION ONE
REQUIREMENTS
Commitment No.: NCS-523626-SD
Page Number: 6
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(E) Releases(s) or Reconveyance(s) of Item(s): 9, 12 AND 13
(F) Other: None
(G) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other:
With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory
to the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
The following additional requirements, as indicated by "X", must be met:
[X] (H) Provide information regarding any off-record matters, which may include, but are not
limited to: leases, recent works of improvement, or commitment statements in effect
under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq.
The Company's Owner's Affidavit form( as provided by company) must be completed and
submitted prior to close in order to satisfy this requirement. This Commitment will then
be subject to such further exceptions and/or requirements as may be deemed necessary.
[] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard
detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company
for review. This Commitment will then be subject to such further exceptions and/or
requirements as may be deemed necessary.
Form No. 1068-2
AL 1 A Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 7
[] (J) The following LLC documentation is required:
(i) a copy of the Articles of Organization
(ii) a copy of the Operating Agreement, if applicable
(iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv) express Company Consent to the current transaction
[] (K) The following partnership documentation is required :
(i) a copy of the partnership agreement, including all applicable amendments thereto
(ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iii) express Partnership Consent to the current transaction
[] (L) The following corporation documentation is required:
(i) a copy of the Articles of Incorporation
(ii) a copy of the Bylaws, including all applicable Amendments thereto
(iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv) express Corporate Resolution consenting to the current transaction
[] (M) Based upon the Company's review of that certain partnership/operating agreement dated
for the proposed insured herein, the following requirements must be met:
Any further amendments to said agreement must be submitted to the Company, together
with an affidavit from one of the general partners or members stating that it is a true
copy, that said partnership or limited liability company is in full force and effect, and that
there have been no further amendments to the agreement. This Commitment will then
be subject to such further requirements as may be deemed necessary.
[] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any
amendments and/or assignments thereto, must be submitted to the Company for review,
along with an affidavit executed by the present lessee stating that it is a true copy, that
the lease is in full force and effect, and that there have been no further amendments to
the lease. This Commitment will then be subject to such further requirements as may be
deemed necessary.
[X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of
the policy contemplated herein and any endorsements requested thereunder. This
Commitment will then be subject to such further requirements as may be required to
obtain such approval.
[] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder,
and work on the land has commenced prior to close, some or all of the following
requirements, and any other requirements which may be deemed necessary, may need to
be met:
[] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company
employee, based upon information furnished by the appropriate parties involved.
[] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties.
[] (S) Financial statements from the appropriate parties must be submitted to the Company for
review.
[] (T) A copy of the construction contract must be submitted to the Company for review.
Form No. 1068-2
AL lA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 8
[] (U) An inspection of the land must be performed by the Company for verification of the phase
of construction.
Form No. 1068-2
ALTA Plain Language Commitment
SCHEDULE B
SECTION TWO
EXCEPTIONS
Commitment No.: NCS-523626-SD
Page Number: 9
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A
attached. Copies of the policy forms should be read. They are available from the office which issued this
Commitment.
1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. Water rights, claims or title to water, whether or not shown by the public records.
4. The terms and provisions contained in the document entitled "WAIVER AND RELEASE"
recorded AUGUST 06, 1969 as INSTRUMENT NO. 143240 of Official Records.
5. An easement for INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT,
RECONSTRUCTION, INSPECTION OF A DRAINAGE CHANNEL, ALL STRUCTURES INCIDENTAL
THERETO, FOR THE FLOWAGE OF ANY WATERS, IN, UPON, THROUGH, UNDER, OVER, ACROSS,
ALONG SAID CHANNEL, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS and incidental
purposes, recorded NOVEMBER 18, 1969 as INSTRUMENT NO. 211764 of Official Records.
In Favor of: THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
Affects: AS DESCRIBED THEREIN
6. An easement shown or dedicated on the map filed or recorded March 10, 1970 as MAP NO. 6600
of TRACT MAP
For: DRAINAGE AND SEWER and incidental purposes.
7. Covenants, conditions, restrictions and easements in the document recorded MARCH 10, 1970
as INSTRUMENT NO. 43138 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code
§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
Form No. 1068-2
All'A Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 10
8. An easement for CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT OF A
SEWER PIPEUNE OR PIPEUNES, MANHOLES, LATERALS, APPURTENANCES, THE RIGHT OF
INGRESS, EGRESS FOR SUCH PURPOSES and incidental purposes, recorded JULY 13, 1970 as
INSTRUMENT NO. 121408 of Official Records.
In Favor of: LEUCADIA COUNTY WATER DISTRICT
Affects: AS DESCRIBED THEREIN
9. A Deed of Trust to secure an original indebtedness of $100,000.00 recorded AUGUST 20,
1980 as INSTRUMENT NO. 80-265760 of Official Records.
Dated: JULY 30, 1980
Trustor:
Trustee:
Beneficiary:
ENA DEVELOPMENT CORPORATION, A CAliFORNIA
CORPORATION AND HECTOR MARSACH, INC., A CALIFORNIA
CORPORATION, AS TENANTS IN COMMON
1ST REALTY SERVICE CORP., A CALIFORNIA CORPORATION
OCEANSIDE FINANCIAL SERVICES, INC., A CALIFORNIA
CORPORATION
(Affects LOTS 376 AND 377)
According to the public records, the beneficial interest under the deed of trust was collaterally
assigned to RICHARDT. GILBERT AND MARCELLA D. GILBERT, H/W AS J/T by assignment
recorded AUGUST 20, 1980 as INSTRUMENT NO. 80-265761 of Official Records.
According to the public records, the beneficial interest under the deed of trust was collaterally
assigned to HAROLD S. ROSEN AND BLANCHE ROSEN, H/W AS J/T by assignment recorded
AUGUST 20, 1980 as INSTRUMENT NO. 80-265762 of Official Records.
According to the public records, the beneficial interest under the deed of trust was collaterally
assigned to J. F. KOCHE AND ERMIE M. KOCHE, J/T WITH RIGHT OF SURVIVORSHIP by
assignment recorded AUGUST 20, 1980 as INSTRUMENT NO. 80-265763 of Official Records.
According to the public records, the beneficial interest under the deed of trust was collaterally
assigned to THOMAS R. HENRY AND CAROLYN J. HENRY, H/W AS J/T by assignment recorded
AUGUST 20, 1980 as INSTRUMENT NO. 80-265765 of Official Records.
According to the public records, the beneficial interest under the deed of trust was collaterally
assigned to CHARLES L. VINCENT AND LINDA M. VINCENT, H/W AS J/T by assignment recorded
AUGUST 20, 1980 as INSTRUMENT NO. 80-265766 of Official Records.
10. Covenants, conditions, restrictions and easements in the document recorded AUGUST 27,
1984 as INSTRUMENT NO. 84-325373 of Official Records, but deleting any covenant, condition,
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, familial status, disability, handicap, national origin, genetic information,
gender, gender identity, gender expression, source of income (as defined in California
Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or
restrictions violation 42 U.S.C. § 3604(c) or California Government Code§ 12955. Lawful
restrictions under state and federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on familial status.
11. The terms and provisions contained in the document entitled "LICENSE AGREEMENT"
recorded OCTOBER 17, 1984 as INSTRUMENT NO. 84-392502 of Official Records.
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 11
12. A Deed of Trust to secure an original indebtedness of $400,000.00 recorded MAY 20,
1988 as INSTRUMENT NO. 88-238518 of Official Records.
Dated: MAY 18, 1988
Trustor:
Trustee:
Beneficiary:
HILL TOP DEVELOPERS INC., A CALIFORNIA CORPORATION
CAL WEST MORTGAGE COMPANY, A CALIFORNIA
CORPORATION
US COMMUNITY SAVINGS BANK, A CALIFORNIA CORPORATION
13. A Deed of Trust to secure an original indebtedness of $262,500.00 recorded AUGUST 07,
1990 as INSTRUMENT NO. 90-429692 of Official Records.
Dated: JULY 31, 1990
Trustor:
Trustee:
Beneficiary:
GENE-JAC, INC., A CALIFORNIA CORPORATION
TICOR TITLE INSURANCE COMPANY, A CALIFORNIA
CORPORATION
BANK OF NEWPORT, A CALIFORNIA CORPORATION
14. The terms and provisions contained in the document entitled "AGREEMENT BETWEEN
DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES
FEE" recorded SEPTEMBER 04, 1991 as INSTRUMENT NO. 91-453053 of Official Records.
15. The terms and provisions contained in the document entitled "AFFORDABLE HOUSING
AGREEMENT" recorded MAY 01, 2006 as INSTRUMENT NO. 06-306023 of Official Records.
16. An easement for SEWER PIPELINES and incidental purposes, recorded JUNE 02, 2008 as
INSTRUMENT NO. 08-295020 of Official Records.
In Favor of: LEUCADIA WASTEWATER DISTRICT
Affects: AS DESCRIBED THEREIN
17. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON
REAL PROPERTY" recorded JUNE 24, 2008 as INSTRUMENT NO. 08-340259 of Official Records.
18. Rights of parties in possession.
Form No. 1068-2
ALTA Plain Language Commitment
INFORMATIONAL NOTES
Commitment No.: NCS-523626-SD
Page Number: 12
1. Taxes for proration purposes only for the fiscal year 2011-2012.
First Installment: $851.09, PAID
Second Installment: $851.09, PAID
Tax Rate Area: 09046
APN: 216-290-20-00
2. Taxes for proration purposes only for the fiscal year 2011-2012.
First Installment: $860.64, PAID
Second Installment: $860.64, PAID
Tax Rate Area: 09046
APN: 216-290-21-00
3. Taxes for proration purposes only for the fiscal year 2011-2012.
First Installment: $421.75, PAID
Second Installment: $421.75, PAID
Tax Rate Area: 09046
APN: 216-290-47-00
4. The property covered by this report is vacant land.
5. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
6. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Form No. 1068-2
ALTA Plain Language Commitment
1. DEFINITIONS
CONDITIONS
Commitment No.: NCS-523626-SD
Page Number: 13
(a)"Mortgage" means mortgage, deed of trust or other security instrument.
(b )"Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B -Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between the
Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B-Section One
are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B -Section One
or
eliminate with our written consent any Exceptions shown in Schedule B -Section Two.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
Form No. 1068-2
ALYA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 15
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TlTLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE 8
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are 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 agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are 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 thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are 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 under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental 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 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 area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded 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 binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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 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 claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the 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 thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TlTLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TlTLE ASSOCIATION OWNER'S POLICY FORM 8-1970
WITH REGIONAL EXCEPTIONS
When the American Land ntle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 8
Form No. 1068-2 Commitment No.: NCS-523626-SD
Page Number: 16 AL'fA Plain Language Commitment
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I.
2.
3.
4.
5.
6.
Taxes or assessments which are 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.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I.
2.
3.
4.
5.
6.
Taxes or assessments which are 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.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental 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 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 area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
Form No. 1068-2
ALfA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 17
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy whiclh would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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 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 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 the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the 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 thereof, which arises out of the transaction evidenced 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 and commenced 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 has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest 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 of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from 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 judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are 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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental 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 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 area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of 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 from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded 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 binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(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 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 claimant;
(d) attaching or created subsequent to Date of Policy; or
Form No. 1068-2
ALfA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 18
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from 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 judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
I.
2.
3.
4.
5.
6.
Taxes or assessments which are 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.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
* land use * land division
* improvements on the land * environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date
* the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you
* that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. 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 that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Form No. 1068-2
ALfA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 19
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use d. improvements on the land
e. land division f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. THIRD GENERATION EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POUCY (1/01/08)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement
erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or
16.
(b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(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 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 Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly 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:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 20
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(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 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 Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. (a) Taxes or assessments that are 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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 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 under (a), (b), or (c) are shown by the Public Records.
15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a)
does not modify or limit the coverage provided under Covered Risk 5.
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-523626-SD
Page Number: 21
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(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 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 Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental 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 Records that vests Title as shown in Schedule A.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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 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 under (a), (b), or (c) are shown by the Public Records.
0 v
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: SOP 12-01 -GRADING PLANS ONLY
BUILDING ADDRESS: VISTA LA COSTA APARTMENTS
PROJECT DESCRIPTION: 19 UNIT APARTMENT PROJECT
ASSESSOR'S PARCEL NUMBER: 216-290-20/216-290-21/216-290-47
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: (#~ Date: 7-23-2012
ATTACHMENTS
By:
By:
By:
DENIAL
Please see the attached report of deficiencies
marked with !Rl . Make necessary corrections to
plans or specifications for compliance with
applicable codes and standards. Submit corrected
plans and/or specifications to this office for review.
Date:
________ Date:
--------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME: GREGORY RYAN
DEPUTY FIRE MARSHAL
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
REVIEW CHECKLIST
SITE PLAN
1 STIJl 2ND111 3Rom
0 0 D D 1. Access:
0 Fire Access Road surface. The surface of the Pvt. Driveway shall be of an
impervious "all-weather" surface material, designed to carry a minimum load
of 75,000 pounds axel weight.
0 Fire Lanes. The Private Driveway shall be designated as a Fire lane and shall
become the responsibility of the developer to have said access restrictions
recorded, that the owner is responsible to provide and maintain to identify and
ensure enforcement of this designated access.
FIRE SPRINKLERS
1 STm 2Nom 3Rom
0 0 D D 1. An automatic fire sprinkler system is required for this project:
0 The minimum fire sprinkler design density for this project shall be NFPA 13 -
Ordinary Group 1 -this note shall be reflected on all submittals as it may
affect water supply design requirements.
D D 2.Provide notes on all plans submitted for review that indicate that fire sprinklers are
required.
REVIEW CHECKLIST
SITE PLAN
1ST~ 2ND~ 3RD~
0 D D 1. Access:
1 STI!l 2ND~ 3RD1!1
0' Fire Access Road surface. The surface of the Pvt. Driveway shall be of an
impervious "all-weather" surface material, designed to carry a minimum load
of 75,000 pounds axel weight.
0' Fire Lanes. The Private Driveway shall be designated as a Fire lane and shall
become the responsibility of the developer to have said access restrictions
recorded, that the owner is responsible to provide and maintain to identify and
ensure enforcement of this designated access.
FIRE SPRINKLERS
0 D D 1. An automatic fire sprinkler system is required for this project:
0 0
0' The minimum fire sprinkler design density for this project shall be NFPA 13 -
Ordinary Group 1 -this note shall be reflected on all submittals as it may
affect water supply design requirements.
2. Provide notes on all plans submitted for review that indicate that fire sprinklers are
required.
c CITY OF CARLSBAD
F\LE COF(
REVIEW AND COMMENT MEMO
DATE: APRIL 10, 2012
PROJECT NO(S): SOP 12-01 REVIEW NO: 2
-----------------------------------------4
PROJECT TITLE: VISTA LA COSTA APARTMENTS
APPLICANT: DIVERSIFIED DEVELOPMENT, INC./BRIAN MERRITT
TO: 1:8] Land Development Engineering-Terie Rowley
D Police Department -J. Sa sway
1:8] 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 5/1/12. 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.
Thank you
COMMENTS: _________________________ _
Signature Date
PLANS ATIACHED
Review & Comment 03/10 ~f-
April18, 2012
TO:
0
Greg Fisher, Assistant Planner
Chris DeCerbo, Principal Planner
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
0
FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect
RE: Landscape Architectural Review -Conceptual Review -1st Review
Vista La Costa Apartments, SDP 12-01
Gibraltar Street
PELA file: 448 -Vista La Costa Apartments -Coni
Landscape Architect: Thomas Koch, Phone: (949) 348-9150
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements ofthe City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the
area of the comment concern.
REPEAT COMMENTS
I. Please sho·.v and label all property lines, right of ·.vays and easements on the landscape
plans. Insure no trees are located vfithin the easements. 2nd Review: Please re-label as
storm drain easement.
2-5 Completed.
6. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen
elements ofunsightliness and screen/soften new improvements. Landscaping shall be
used to accentuate and enhance architecture. The applicant proposes Bottlebrush and
Pittosporum as trees at building elevations. The Bottlebrush \vill reach a height of
approximately 6' and the Pittosporum approximately 20'. The three story buildings are
approximately 4 0' high. Larger/taller trees are needed to better scale with the
architectural mass and to soften and enhance the south and west elevations of building 1
and south, ·.vest and east elevations ofbuildings 2 and 3. P...dditional trees are also needed
along the south side ofbuilding 1. Planter widths may need to be increased. Please
address. 2nd Review: Please provide tall evergreen shrubs in locations shown along the
east side of buildings 2 and 3 to better soften these elevations.
7. Landscape elements over 30" in height (including planting measured at maturity) are not
allowed at street comers within a triangular zone drawn from two points, 25' outward
from the beginning of curves and end of curves. (See Appendix C.4). The same height
limitation applies at driveways 25' from the edge of the apron outward along the curb
then 45-degrees in toward the property. Please shmv and label all vehicular sight lines
and insure these requirements are met. 2nd Review: The Dietes will reach a height of
36 ". Please substitute a lower growing shrub.
8-9 Completed.
10. Planting or any combination of planting, mounding, and decorative walls shall be used to
provide screening from adjacent property or streets of the parking area to a height of 3'.
Vista La Costa Apartments
Conceptual Plan Review
0 0
April 18, 2012
Page 2
Please address. 2nd Review: the Euonymus species selected will reach heights of only 2 '.
Please substitute a taller species that will reach a minimum 3' height.
11. Although recycled water is not currently available at the site, it is to be designed for the
use of recycled water in the event it becomes available. 2nd Review: Please add a note to
the plans indicating that although recycled is not currently available; the site is to be
designed for recycled water use in the event it becomes available in the future. Provide a
water use plan that provides a hatch symbol or color in all areas to be designed for
recycled water versus potable. This plan will be forwarded to CMWD for review and
comment.
12. Completed.
13. RETURN REDLINES and provide 2 copies of all plans (concept, water
conservation, and water use plan) for the next submittal.
SOP 12-01 -VISTA LA~STA APARTMENTS
March 29, 2012
Page 3
LIST OF ITEMS NEEDED
.,.-----·------------
TO COMPLETE THE APPLICATION
Planning:
1. The project plans must include a specific "basement exhibit" demonstrating compliance
with the City's "basement" definition (CMC Section 21.04.045). This exhibit should also
provide a series of cross sectional details through each building to help with determining
building height. For the underground area to not count as a "story" (for building height
purposes), it must meet the "basement" definition. There is currently not enough
information provided on the plans to make a conclusive determination of compliance with
the basement definition. Please provide documentation showing compliance with the
basement definition as defined in Section 21.04.045 of the Carlsbad Municipal Code.
2. Please provide the net developable acres for the site or state that there are no
constraints pursuant to Section 21.53.230 of the C.M.C.
Engineering:
None
ISSUES OF CONCERN
Planning:
Please provide/address the following comments:
1. The project requires five onsite visitor parking spaces and only three have been
provided. Please show the other two required visitor parking spaces on the site plan.
2. Provide the location, height, and building material of any fence or wall proposed along
the property lines.
3. Within the general notes on Sheet 1 of 5, please change the Proposed General Plan
designation from RH to "no change".
4. Indicate on all building elevations, compliance with the Carlsbad Building Height
definition (Zoning Ordinance Section 21.04.065).
5. Please attach a separate site plan to the architectural drawings. Use a large scale (20'
scale minimum) format, and at a minimum, show general information such as property
lines, footprints of the proposed buildings/structures, front, side and rear yard setbacks,
visitor parking spaces, pedestrian walkways, vehicle driveways, and adjacent structures.
The General Notes should also be provided on the site plan.
6. Provide the typical dimensions of a parking stall on the parking garage plan.
7. It is not clear if some of the proposed decks/balconies are encroaching into the required
setbacks. Therefore, provide the distance from property lines to each encroachment.
This should be clearly illustrated on the new site pan (requested in item No. 5 above)
that will be attached to the architectural drawings.
,!""'.
SOP 12-01-VISTA LA C~A APARTMENTS
March 29, 2012
Page4
8. Provide a profile of the storage space within the parking garage plan as the storage
doors encroach into the stall space. Is th~ storage space floor to ceiling? Will access to
a storage space be impeded by a resident vehicle? Clearly identify the association
between the parking stall number and the assigned storage space.
9. Provide the City assigned project number (SOP 12-01) in the upper right hand portion of
the plans.
10. As a reminder, the 19-unit apartment project is not being reviewed for compliance with
the Planned Development Ordinance (Chapter 21.45 of the C.M.C.) for the subsequent
future conversion to condominiums.
ISSUES OF CONCERN
Engineering:
A) Site Plan:
1. Delete the proposed public water main shown within the Leucadia Water District sewer
easement. Move proposed water lateral and fire services to Gibraltar Street as shown on
the red-lined plans.
2. Utilize the existing water lateral at Gibraltar Street. The existing 1 Y2" water meter may
need to be replaced with an adequately sized water meter to serve building 1.
3. Potable water services, water meters and fire services are public facilities and must be
located within the public right-of-way or water easement. If water services extend
beyond the public right-of-way, additional water easements must be provided. Note that
backflow preventers and double detector check valves are private facilities and should
be located outside the public right-of-way.
2. Show a proposed irrigation water service and water meter on the preliminary utility plan.
3. Obtain approval letter from Leucadia Water District for the proposed sewer facilities
shown on preliminary utility plan.
4. Label all existing utilities within Gibraltar Street. Indicate size, type of material and the
approved drawing number that built the utilities.
5. The site plan shows that the driveway runoff bypasses the bioretention facility and is
routed to a pipe system that discharges directly into the existing drainage channel
offsite. Show how the porous driveway meets the treatment control and
hydromodification requirement. Provide sizing calculations using sizing criteria provided
in the city SUSMP.
6. Provide pervious pavers cross-section. At a minimum, a load bearing porous pavers
must consist of three layers: bedding course, open-graded base. and the 6" min. stone
sub-base with an underdrain (to prevent water seepage that could undermine the
stability of the pavers and adjacent structures). Please obtain soils engineer approval for
the suitability of pervious pavers at this location and obtain design recommendations.
•
~
SOP 12-01-VISTA LA C05TA APARTMENTS
March 29, 2012
Page6
20. Show that all on-site facilities can handle 100 year storm event.
21. Comply with all other comments shown on the red-lined preliminary hydrology report.
C) SWMP Report:
22. On page 11, preparer's signature and owner's signature are required.
23. The calculations on attachment 11, first page, suggest that the required pending volume
(V1 ), if not met due to inadequate area, can be compensated by increasing the storage
volume (V2) below the engineered soil layer. This is not Gonsistent with the "pending
volume" definition. Providing inadequate pending volume will cause some run-off to
overflow bypassing treatment layer and the storage layer with orifice for
hydromodification. Moreover, by adding some V1 to V2 will unnecessarily increase the
size of the storage vault or pipe. Please revise calculations.
24. In attachment 11, two different sizing methodologies are used: the integrated approach
using San Diego County BMP calculator and non-integrated approach using sizing
factors (no continuous simulation calculations were provided in the SWMP). It appears
that the proposed bioretention basins were sized using results from both methodologies.
Please revise and use one methodology only to be consistent. Please note that for a
non-integrated approach, two separate sizing calculations are required: a) calculations
for treatment control compliance and b) calculations for hydromodification compliance
using any city approved continuous simulation program.
25. The area provided for bioretention basins is less than the required minimum area per
BMP calculator results. Please revise. See additional comments in the SWMP report.
26. The storage volumes provided are much larger than the required volume per BMP
calculator results. Consider revising. Please see additional comments in the SWMP
report.
27. Please revise the drainage management area (DMA) map to include all DMAs used in
the BMP calculator. Clearly delineate and indicate the area in acres of each DMA on the
map.
28. Please add a DMA area summary table and the LID/hydromodification facility summary
table on the DMA map.
F) Resubmittal:
29. Please submit the following documents in the next review submittal:
a. One copy of the revised preliminary site plan; and
b. One copy each of the revised SWMP, hydrology report, and soils report update; and
c. 1st review red lined plans and red-lined reports
SOP 12-01 -VISTA LQOSTA APARTMENTS
March 29, 2012
Page 7
Landscaping:
1. Please show and label all property lines, right-of-ways and easements on the landscape
plans. Insure no trees are located within the easements.
2. Please address landscaping of all off-site graded areas. Please add the following notes
to the plans and insure these requirements are met:
Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be
treated with one or more of the following planting standards:
a. Standard 1 -Cover Crop/Reinforced Straw Matting:
Cover crop shall be a seed mix typically made up of quick germinating and fast
covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City
approval prior to application. The cover crop shall be applied at a rate and manner
sufficient to provide 90% coverage within thirty (30) days.
Type of reinforced straw matting shall be as approved by the city and staked to the
slope as recommended by the manufacturer.
Reinforced straw matting shall be required when planting occurs between August 15
and April 15. The cover crop and/or reinforced straw mat shall be used the
remainder of the year.
b. Standard #2 -Ground Cover:
One hundred (100%) percent of the area shall be planted with a ground cover known
to have excellent soil binding cha.racteristics (planted from a minimum size of flatted
material and spaced to provide full coverage within one year).
c. Standard #3-Low Shrubs:
Low spreading woody shrubs (planted from a minimum of 2-3/4 inch liners) shall
cover a minimum of seventy (70%) percent of the slope face (at mature size).
d. Standard #4-Trees and/or Large Shrubs:
Trees and/or large shrubs shall be (planted from a minimum of 1 gallon containers)
at a minimum rate of one (1) per two hundred (200) square feet.
Slopes-6:1 or steeper and:
a. 3' or less in vertical height and are adjacent to public walks or streets require at a
minimum Standard #1.
b. 3' to 8' in vertical height require Standards #1, #2 and #3.
c. In excess of 8' in vertical height require Standards #1, #2, #3, and #4.
~
SOP 12:.01-VISTA LA Cvw{AAPARTMENTS
March 29, 2012 --
Page 8
Areas graded flatter than 6:1 require Standard #1 (cover crop) with temporary irrigation
when they have one or more of the following conditions:
a. Sheet graded pads not scheduled for improvements within 6 months of completion of
rough grading.
b. A potential erosion problem as determined by the City.
c. Identified by the City as highly visible areas to the public or have special conditions
that warrant immediate treatment.
3. Washingtonia robusta is listed as an invasive species in the California Invasive Plant
Inventory. Please provide a substitute.
4. Generally identify all existing woody plant material to be removed or retained. Trees
over 12" in caliper diameter shall be identified on the plan individually as to caliper size
and type and labeled to be retained or removed.
5. _ Landscaping shall be compatible and enhance the positive character of existing
neighborhoods. The predominant street trees along Gibraltar include Ash and Queen
Palm. Magnolia, although not the predominant tree is used to the west and south.
Please revise street trees to be consistent with other trees used along the street.
6. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen
elements of unsightliness and screen/soften new improvements. Landscaping shall be
used to accentuate and enhance architecture. The applicant proposes Bottlebrush and
Pittosporum as trees at building elevations. The Bottlebrush will reach a height of
approximately 6' and the Pittosporum approximately 20'. The three story buildings are
approximately 40' high. Larger/taller trees are needed to better scale with the
architectural mass and to soften and enhance the south and west elevations of building
1 and south, west and east elevations of buildings 2 and 3. Additional trees are also
needed along the south side of building 1. Planter widths may need to be increased.
Please address.
7. Landscape elements over 30" in height (including planting measured at maturity) are not
allowed at street corners within a triangular zone drawn from two points, 25' outward
from the beginning of curves and end of curves. (See Appendix C.4). The same height
limitation applies at driveways 25' from the edge of the apron outward along the curb
then 45-degrees in toward the property. Please show and label all, vehicular sight lines
and insure these requirements are met.
8. All utilities are to be screened. Landscape construction drawings will be required to
show and label all utilities and provide appropriate screening.
9. Please provide a minimum of one street tree for every 40' of street frontage. Trees may
be planted on center or grouped. Locate street trees:
a. A minimum of 3' outside the public right-of-way.
b. A minimum of 5' from paving.
c. A minimum of 7' from any sewer line.
. .
""' SOP 12-01 -VISTA LA\e6STA APARTMENTS
March 29, 2012
Page 9
d. Not in conflict with public utilities.
e. Not to be allowed on street corners within a triangular zone drawn from two points,
25' from the beginning of curves and end of curves or within sight lines as described
under "Sight Distance" above. (See Appendix C.4)
10. Planting or any combination of planting, mounding, and decorative walls shall be used to
provide screening from adjacent property or streets of the parking area to a height of 3'.
Please address.
11. Although recycled water is not currently available at the site, it is to be designed for the
use of recycled water in the event it becomes available.
12. As required by the State of California, the City of Carlsbad has adopted a water efficient
ordinance. Please insure that all requirements of this ordinance are met. The ordinance
may be found at the following web site:
http://library.municode.com/index.aspx?clientld=16245&stateld=5&stateName=California
under Title 18.
13. RETURN REDLINES and provide 2 copies of all plans (concept, water
conservation, and water use plan) for the next submittaL
Police:
See Attached Letter
Fire:
Please call Fire for project comments.
,...,...
SOP 12-01-VISTA LA COSTA APARTMENTS
May 7, 201~
Page 2
ISSUES OF CONCERN
Planning:
1. Each standard parking space must be a minimum of 170 square feet in size. The two standard
parking spaces located in front of Building #1 have dimensions of 9' x 18' (162 sf.) and do not
meet this standard. Furthermore, the 5th required visitor parking space was omitted from the
engineering drawings:
2. The front and rear elevations are incorrectly labeled as shown on Sheets A-14 and A-15. Please
correct.
Engineering:
Please refer to the Redlines for corrections/comments.
0 0
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
APPLICANT OR APPLICANT'S REPRESENTATIVE
BY: ------------------------
DATE: ____________________ __
RECEIVED BY
DATE: ____________________ __