HomeMy WebLinkAboutMS 16-05; 1284 PINE PARTNERS; Minor Subdivision (MS)Kevin Bresnahan, Civil Engineer
Providing Land Development Design and Consulting
3031 Ridge Creek Drive —Fallbrook CA 92028
ph:951-532-6371 fax: 760-728-3001 email: KBFallbrook@Yahoo.com
July 21, 2016
Teri Delcamp, Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA
Re:Tentative Parcel Map Submittal RECEWPD
1284 Pine Street, Carlsbad CA JUL 21 2016
•CITY OF CARLSBAD
Attached:PLANNING DIVISION
Attached here-in:
1)This Transmittal
2) Land Use Review Application P-1
3) Disclosure Statement P-1(A)
4) Project Description P-1(B)
6) Hazardous Waste Statement P-1(C)
7)EIA Information P-1(D)
8) Time Limits on Discretionary Projects P-1(E)
9) Tentative Parcel Map Waiver of Processing Time Limits P-1(F)
10) Tentative Parcel Map Tenant Notification Statement P-1(G)
11)Preliminary Title Report ( 2 copies)
12)Digital submittal of map (as disc)
13)Tentative Parcel Map as 24x36 folded (10 copies)
14) Storm Water Questionnaire E-34
15) Storm Water Requirement Checklist E-36
16)1284 Pine Ave...LLC letter ofAuthorization
Thank You
Kevin Bresnahan
CO
C•LAND USE REVIEW Development Services
clty of Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1
(760) 6024610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
El C•oastal Development Permit 0 Minor 0 General Plan Amendment
0 Conditional Use Permit 0 Local Coastal Program Amendment0Minor0Extension
D•ay Care (Large)0 Master Plan 0 Amendment
0E•nvironmental Impact Assessment 0 Specific Plan 0 Amendment
Habitat Management Permit 0 Minor 0 Zone Change
0H•illside Development Permit 0 Minor Zone Code Amendment
0 Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
0 Planned Development Permit 0 Minor 0 Review Permit
0 Residential 0 Non-Residential 0 Administrative 0 Minor 0 Major
0 Planning Commission Determination
0 Reasonable Accommodation Wham Review Area Permits
0 Site Development Plan 0 Minor El Review Permit
0 Special Use Permit 0 Administrative 0 Minor 0 Major
P•13
[0 Tentative Parcel Map (Minor Subdivision)Co -05
El Tentative Tract Map (Major Subdivision)
[1].Variance 0 Minor
NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
aelS0•020 0*0
ASSESSOR PARCEL NO(S).:--3146-031-18
PROJECT NAME:1284 Pine Partners
BRIEF DESCRIPTION OF PROJECT:Two Parcel lot split for residential home sites
BRIEF LEGAL DESCRIPTION:Lot 9 of Tact Map 1744
LOCATION OF PROJECT:1274 Pine Avenue (1284 Pine Ave. was prior residence), Carlsbad CA
STREET ADDRESS
ON THE:North SIDE OF Pine Ave
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Eureka Place AND McKinley Street
(NAME OF STREET)(NAME OF STREET)
VW Moll
P-1 Page 1 of 6 Revised 03/16
"Fs
Ned
OWNER NAME
(Print):1284 Pine Avenue Partners LLC APPLICANT NAME (Print):Owner (Same contact)
MAILING ADDRESS:821 South Coast Highway MAILING ADDRESS:
CITY,STATE, ZIP.Oceanside CA 92054 CITY, STATE, ZIP:
TELEPHONE 760-580-1986 TELEPHONE:
EMAIL ADDRESS:David500@cox.net EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY OWLEDGE.
SET FORTH H REIN IS MY AUTHORIZED REPRESENTATIVE FOR
PU S
rHkS AP 11109110N.
ce "el/0(ZZ ,e57-2/-/--2-.07.‘
IGNAT DATE NA RE DATE
APPLICANT'S REPRESENTATIVE (Print):Kevin Bresnahan, Civil Engineer
MAILING ADDRESS:3031 Ridge Creek Drive
CITY, STATE, ZIP:Fallbrook CA 92028
TELEPHONE:951-532-6371
EMAIL ADDRESS:KBFallbrook@gmail.corn
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS =• PLICATION AND THAT ALL THE ABOVE
INFORMATION AND CORRECT TO THE BEST OF MY
KNOWLE
;_roo•
SIG URE i DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.LANE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON T TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAN AND _D ANY UCCESSORS IN INTERS T.
/'Or
.0.a.„.„.-
v 7/' lel Hie Wt'llerisle•
PROPER OW ER SIGNATURE
FOR CITY USE ONLY RECEIVED
Jai 1 2016
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
ekt.i4JAVC514.i
P-1 Page 2 of 6 Revised 03116
INVOICE (00007514)1111
BILLING CONTACT
JOSEPH KRATCOSKI City of Carlsbad City of1306 Pine Ave
Carlsbad, Ca 92008-1940 1635 Faraday Avenue
Carlsbad, CA 92008-7314 Carlsbad
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00007514 05/01/2017 05/01/2017 Due NONE
REFERENCE NUMBER FEE NAME TOTAL
MS160005 ALL DEVELOPMENT RELATED APPEALS $850.00
1284 Pine Av Carlsbad, CA 92008 SUB TOTAL $850.00
TOTAL $850.00
111111111111110111110111111111111111111111
May 01, 2017 9:41 am Page 1 of 1
,-
.41
C •f APPEAL FORM
P-27
Development Services
City o Planning Division
1635 Faraday AvenueCarlsbad(760) 602-4610
www.carlsbadca.gov
err
Date of Decision you are appealing:Pk/.20 /
Subject of the Appeal:
BE SPECIFIC Examples:if the action is a City Planner's Decision,please say so.If a project has multiple
applications,(such as a Coastal Development Permit,Planned Unit Development,Minor Conditional Use
Permit, etc) please list all of them.If you only want to appeal a part of the whole action, please state that here.
Please see fee schedule for the current fee.
j;Z 741-p/A1E-/lye SAS *JO
M 5 --65 (bE-1/41 /3 —0 14-)-62-3 Pi/V*6-12/iltriVe02.c
cir6 --iD iv i (0 A/fa 7*PfAic----4e 6AfreA.S C4 .?-2 (3-0(f
Reason(s) for the Appeal:PLEASE NOTE:The appeal shall specifically state the reason(s) for the
appeal.Failure to specify a reason may result in denial of the appeal, and you will be limited to the
grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision-maker err?What about the decision is inconsistent with local laws, plans,
or policy?Please see Carlsbad Municipal Code (CMC)Section 21.54.140(b)for additional information
(attached).Please attach additional sheets or exhibits if necessary.
71-in; c -if ro
NAME (Print):cOr=A la_ soLS
MAILING ADDRESS:4r)1,36 p/A.(--A 1/6-
CITY, STATE, ZIP:Nec5 DA°i 0A ,7coe_45
TELEPHONE:e;/-V -stE3P/'
EMAIL ADDRESS::375 10 &1444/.en4.4
SIGNATURE:
DATE:/11
P-27 Page 1 of 1 Rev. 05/12
C
Appeal of MS 16-05 (DEV 13-014)
Supportive Residents/Property Owners
Include:
Jan and Peter Taylor Heather and Jesse Luevano
1351 Pine Ave 1307 Pine Ave
Joey Kratcoski Jennifer and Theodore (TD) Rolf
1302 Pine Ave 1345 Pine Ave
Sheila and Jim Mathews Isabel and Jose De Anda
1308 Pine Ave 1363 Pine Ave
Martha Law-Edwards Heather and Doug Chalmer
1366 Pine Ave 1235 Pine Ave
Alexa Kingaard Snoka Senseman
1364 Pine Ave 1365 Pine Ave
Kim and David McKibben Mary Bernheim
1380 Pine Ave 3220 McKinley
Becky and Bill Larson Sylvia Lea Trimble
1428 Pine Ave 1235 Pine Ave
Brian and Lauren Conroy
1606 James Drive
Marilyn Hendron
3235 McKinley
Marguerite and Bill Bowden
1199 Oak Ave
Laney and Andre Mesquita
3340 Highland Drive
Penny Johnson
1360 Hillview Court
Darlene Gillis
1225 Oak Ave
NS°
REASON FOR APPEAL
Date of DECISION:April 21, 2017
SUBJECT: MS 16-05 (DEV 13-014)—1284 PINE PARTNERS
Sub-division 1274 Pine Ave. Carlsbad CA.92008
PREAMBLE
The existing structure on the Pine Avenue property that has been granted a lot split by the City of
Carlsbad and is the subject of this appeal, was developed in defiance of Carlsbad City Codes
(subsequently addressed) and its occupancy has been at times non-compliant with "single family
residential with accessory dwelling" requirements.
The existing structure is incompatible with the character of the neighborhood and was constructed
without regard for neighboring properties -obscuring views and outlooks and impinging on privacy. This
property has also resulted in neighborhood anxiety over the occupancy pattern, irregular activities and
general disregard for the character of Olde Carlsbad.
This appeal is predicated on the concern that in approving the lot split, the City has not placed sufficient
requirements and conditions on the developer with respect to the design and character of the type of
structure to be built, thereby offering no protection or assurances that the new structure will not have
the same potential for blocking views and outlooks, impinging on privacy, and facilitating non-compliant
multi-family apartment-type occupancy as the existing structure.
Additionally, if the City of Carlsbad permits the developer to build the same type structure with the
same architectural design as the existing structure, this would further degrade the spirit, character and
nature of the Olde Carlsbad neighborhood and will set a bad precedent for future developments on Pine
Avenue and in the expanded Olde Carlsbad neighborhood.
REASONS FOR APPEAL
1.The decision to approve the lot split has been made without regard or acknowledgement of the
Council Policy Statement on Livable Neighborhoods, effective 12/11/01. The Policy Statement
outlines "Principles for the Development of Livable Neighborhoods" with Point 1 having
particular relevance.
Document is included in the Appeal submission.
2.The decision to approve the lot split has been made without regard or acknowledgement of the
Council Policy Statement on Neighborhood Architectural Design Guidelines, effective May 2',
2006. Appellant believes the said Guidelines apply to this development based on the referenced
applicability to "New single family and two family residential projects of 2 -4 homes". Guidelines
1, 2, 3 and 4 are of particular relevance.
Document is included in the Appeal submission.
3.The City of Carlsbad decision document approving the lot split does not provide sufficient
referenceable detail that will ensure the compliance of the developer in adhering to Carlsbad
City Codes as they relate to R1 development on the lot.
CITY OF CARLSBAD Page 1 of 5
Policy No.44
COUNCIL POLICY STATEMENT Date Issued MAY 2,2006
Effective Date p4.4L1.2n06
Cancellation Date No Cancellation Date
Supersedes No.10110/89.08/26/97,
12/11/01
General Subject:NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Specific Subject:Establishment of Architectural Design Guidelines for the Development of Livable
Neighborhoods
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE AND INTENT:
The purpose and intent of the architectural guidelines is to ensure that a variety of architectural elements are
Incorporated into single-family homes and two-family structures so that they: a) are visually interesting, b)
have sufficient building articulation to reduce their bulk and mass, c) are in scale to their lot size, and d)
strongly contribute to the creation of livable neighborhoods
APPLICABILITY:
A new individual single-family home or remodel shall no be subject to these architectural guidelines.•New single-family and two-family residential projects of 24 homes shall comply with architectural
guidelines 1, 2, 3, 4, 9,10, 11, 13, 14, 15, 16, 17 and 18 (regardless of stated percentages).
•New single-family and two-family residential projects of 5 or more homes shall comply with all of the
architectural guidelines.
PROCEDURES:
1.Applicants for discretionary project applications shall design projects/homes so that they comply with
the guidelines.Each applicant shall provide documentation demonstrating compliance with this
policy concurrent with the submittal of development permit applications.
If an applicant wishes to propose an architectural style that complies with the Purpose and Intent of
this policy and yet cannot comply with the requirements of the guidelines, the applicant may request
deviations from any of the architectural guidelines to achieve an architectural design or style of
equally superior quality.All such requests shall be fully justified specifying how the Purpose and
Intent of this policy is being achieved.
2.Staff shall review projects for compliance with the guidelines and provide recommendations to the
decision-makers regarding:
a.Project compliance with the policy;
b.Whether or not any requested deviations are justified; and,
c.Whether or not the purpose and intent of the policy would still be achieved if a deviation is
granted.
3.Dedslon-makers shalt determine, on a case-by-case basis, whether the project complies with the intent
of the policy to create livable neighborhoods.
CITY OF CARLSBAD Page 2 of 5
Policy No.44
COUNCIL POLICY STATEMENT Dike Issued
Effective Date
Cancellation Date
Supersedes No.10/10/89.08/26/97,,
12/11/01
General Subject:NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Specific Subject:Establishment of Architectural Design Guidelines for the Development of Livable
Neighborhoods
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
ARCHITECTURAL GUIDELINES:
Floor Plans and Elevations
1.All residential projects shall be required to have a minimum number of different floor plans, different
front and corresponding matching rear elevations with different color schemes as identified below:
a 2-4.dwelling units shall provide 1 floor plan and 2 different elevations.
a 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations.
o 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations.
a 21+ dwelling units shall provide 3 different floor plans and 3 different elevations.
2.Every house should have a coherent architectural style.All elevations of a house, including front, side
and rear, should have the same design integrity of forms, details and materials.
3.In addition to the previous requirements, design details should reinforce and enhance the architectural
form and style of every house and differ from other elevations of the same floor plan. A minimum of 4
complimentary design details, including but not limited to those listed below, shall be incorporated into
each of the front, rear and street side building facade(s) of the house.
DESIGN DETAILS
•Balconies
•Decorative eaves and fascia
•Exposed roof rafter tails
•Arched elements
•Towers
•Knee braces
•Dormers
•Columns
•Exterior wood elements
•Accent materials (I.e.; brick, stone, shingles, wood or siding)
4.Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood.
CITY OF CARLSBAD Page 3 of 5
Policy No.44
COUNCIL POLICY STATEMENT Date Issued
Effective Date
Cancellation Date
Supersedes No.10110/89.08/26/97.
12/11 /01
General Subject:NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Specific Subject:Establishment of Architectural Design Guidelines for the Development of Livable
Neighborhoods
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Site Planning
5.Houses with both the same floor plan and elevation style shall not occur on adjacent lots.
6.Reverse floor plans shall be included where possible to add variety to the street scene.
Single Story Requirements
7.A minimum of 15% of the total number of homes shall be single-story structures. Single-story is defined
as a maximum plate-line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject
to CMC Section 21.04.330.
or
A minimum of 10% of the total number of homes shall be single-story structures and 15% shall be
reduced second story structures.A reduced second story structure shall comply with the following
criteria:
o A minimum of 60% of the roolline shall be single story;
a A 2-story element may be added in the central portion of the front and rear elevation; and
o The second story element may be no greater than 25% of the floor area of the first floor of the house
(including garage).
or
For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the
home (overall depth of house times 20%).
8.A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story
building edge.
9.The remaining total number of homes shall comply with one of the following guidelines:
a The home shall have a single-story building edge with a depth of not less than 8 feet and shall
run the length of the building along one side except for tower elements.The roof covering the
single-story element shall incorporate a separate roof plane and shall be substantially lower than
the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-
story edge.Houses with courtyards that are a minimum of 15 feet wide located along the side of
the house and setback a minimum of 15 feet from the property line are not required to have a
single-story building edge.
•••MMI•i•OK.
•
CITY OF CARLSBAD Page 4 of 5
Pulley No.44
COUNCIL POLICY STATEMENT Ditia Issued
Effective Date
Cancellation Date
Supersedes No.10/10/89.08/26/97,
12/11/01
General Subject:NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Specific Subject Establishment of Architectural Design Guidelines for the Development of Livable
Neighborhoods
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
•The home shall have a single-story building edge with a depth of not less than 5 feet and shall
run the length of the building along one side.The roof of the single-story element shall be
substantially lower than the roof for the two-story element of the building.
•The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of
the perimeter of the building.
Multiple Building Planes
10. For at least 68% of the homes in a project, there shall be at least 3 separate building planes on street
side elevations of lots with 45 feet of street frontage or less and 4 separate building planes on street side
elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a
building plane.
The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls,
windows, porches and roofs.The minimum depth between the faces of the forward-most plane and the
rear plane on the front elevation shall be 10 feet.A plane must be a minimum of 30 sq. ft. to receive
credit under this section.
11. Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except
that the minimum depth between front and back planes on the rear elevation shall be 4 feet.Rear
balconies qualify as a building plane.
12. For at least 66% of the homes in a project, one side elevation shall have sufficient offsets or cutouts so
that the side yard setback averages a minimum of 8.5 feet.
Windows/Doors
13.At least 66% of exterior openings (door/windows) on every home in the project shall be recessed or
projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window
frames (no mill finishes).
14. 1Nindows shall reinforce and enhance the architectural form and style of the house through, the use of
signature windows and varied window shapes and sizes.
Front Porches
8
.
•""",01
CITY OF CARLSBAD Page 5 of 5
Policy No.44
COUNCIL POLICY STATEMENT Date Issued
Effective Date
Cancellation Date
Supersedes No.10/10/89.08/26197,
12/11/01
General Subject:NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES
Specific Subject:Establishment of Architectural Design Guidelines for the Development of Livable
Neighborhoods
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
15. Fifty percent (50%)of the homes shalt be designed with a covered front porch,open courtyard,or
balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front
of the dwelling.The minimum depth for a covered front porch shall be measured from the front facade
of the home to the inside of any supporting porch posts. The front and sides of porches shall be open
except for required and/or ornamental guardrails.A variety of roof elements shall be provided over
porches.Porches may not be converted to living space.
Front Entries
16. Seventy-five percent (75%) of the homes must have a front entry to the home that is clearly visible from
the street.Walkways from the front door to the street are encouraged.
Chimneys
17. Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall
be allowed for homes on lots In planned developments having an area less than 7,500 square feet.
Garage Doors
18.Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 18' plane
change between the garage doors after the 2 car garage door.
Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a
manner to achieve the best project design as determined by the project planner.When a percentage of
units are described In the guidelines, the intent is to have that percentage spread throughout the entire
project.
it CITY OF CA BAD •Page 1 of 2
Policy No.66
COUNCIL POLICY STATEMENT Date Issued 12111'01
Effective Date :2.1,11/01
Cancellation Date
Supersedes No.
General Subject:LIVABLE NEIGHBORHOODS
Specific Subject:PRINCIPLES FOR THE DEVELOPMENT OF LIVABLE NEIGHBORHOODS
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
POLICY:
The City wishes to establish principles for the development of livable neighborhoods.Livable neighborhoods
have a sense of identity and community where residents are encouraged to walk instead of using their cars;
where homes are in scale to the size of their lots; where streets are pedestrian-friendly with walkways to
common destinations such as schools, parks, stores, and transit;where houses are interesting to look at with
strong architectural elements;and where open spaces form focal points,gathering places,and recreational
spaces for a variety of age groups.
1.Building Facades, Front Entries. Porches
Facades create interest and character and should be varied and articulated to provide visual interest to
pedestrians.Clearly identifiable front doors and porches enhance the street scene and create
opportunities for greater social interaction within the neighborhood.Building entries and windows should
face the street.Front porches, bay windows, courtyards and balconies are encouraged.
2.Garages
Homes should be designed to feature the residence as the prominent part of the structure in relation to the
street.A variety of garage configurations should be used to improve the street scene.This may include
tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages.
3.Street Design
An interconnected, modified (grid) street pattern should be incorporated into project designs when there
are no topographic or environmental constraints.Interconnected streets provide pedestrians and
automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one
street in the neighborhood.Streets should be designed to provide both vehicular and pedestrian
connectivity by minimizing the use of cul-de-sacs.
The street network should also be designed to create a safer, more comfortable pedestrian and bicycling
environment.Local residential streets should have travel and parking lanes, be sufficiently narrow to slow
traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for
residents and include parkways with trees to form a pleasing canopy over the street.Local residential
streets are the public open space in which children often play and around which neighborhoods interact.
Within this context, vehicular movement should be additionally influenced through the use of City-accepted
designs for traffic calming measures.
4.Parkways
Street trees should be planted in the parkways along all streets.Tree species should be settee tgcreate
a unified image for the street,provide an effective canopy, avoid sidewalk damage and minimize water
consumption.
•
0.44
•CITY OF CASBA1Q-
---
Page 2 of 2
Policy No.66
COUNCIL POLICY STATEMENT Date Issued 12/Iliol
Effective Date 12/11/0i
Cancellation Date
Supersedes No.
General Subject:LIVABLE NEIGHBORHOODS
Specific Subject:PRINCIPLES FOR THE DEVELOPMENT OF LIVABLE NEIGHBORHOODS
Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads.
Employee Bulletin Boards, Press, File
5.Pedestrian Walkways
Pedestrian walkways should be located along or visible from all streets.Walkways (sidewalks or trails)
should provide clear,comfortable and direct access to neighborhood schools,parks/plazas and transit
stops.Primary pedestrian routes should be bordered by residential fronts, parks or plazas.Where street
connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided.
6.Centralized Community Recreation Areas
Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should
be incorporated into all planned unit developments.As frequently as possible, these parks/plazas should
be designed for both active and passive uses for residents of all ages and should be centrally-located
within the project.Parks and plazas should be not be sited on residual parcels,used as buffers from
surrounding developments or to separate buildings from streets.
••
CLTA Preliminary Report Form Order Number:NHSC-4955715
(Rev.11/06)Page Number:1
lkhriEN,r
As 1+First American Title
File No.: NHSC-4955715 (06)
This report has been amended/updated to reflect the following matters:
[]No changes made to the report other than the Effective Date
[]Property address has been revised
[]Vesting has been revised
[]Legal Description has been revised
[X ]Taxes have been updated
[X ]Original item number(s)3 and 5 have been removed
[]New item number(s)have been added
[X ]Original item number(s)1, 7 and 8 have been revised
[]Other:
First American Title
Page 1 of 15
'401Order Number:NHSC-4955715
Page Number:2
Updated 12/9/16
aro f,
First American Title
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Customer Reference:1284 Pine Avenue
Order Number:NHSC-4955715 (06)
Title Officer:Dianne Livingston
Phone:(858)410-1303
Fax No.:(714)913-6750
E-Mail:dslivingston@firstam.com
Buyer:
Owner:1284 PINE AVENUE PARTNERS, A CALIFORNIA LIMITED
LIABILITY COMPANY
Property:1274-1276 Pine Avenue
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedyofthe
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
First American Title
Page 2 of 15
Order (?umber:NHSC-4955715
Page Number:3
Dated as of December 02, 2016 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Preliminary Report and Parcel Map Guarantee
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
1284 PINE AVENUE PARTNERS, A CALIFORNIA LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2016-2017.
First Installment:$5,958.17, PAID
Penalty:$0.00
Second Installment:$5,958.17,OPEN
Penalty:$0.00
Tax Rate Area:09000
A. P. No.:205-020-04-00
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.Intentionally Deleted
4.The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON
REAL PROPERTY SECOND DWELLING UNIT' recorded November 13, 2012 as INSTRUMENT NO.
12-706261 of Official Records.
5.Intentionally Deleted
6.The terms and provisions contained in the document entitled "ENCROACHMENT AGREEMENT"
recorded April 15, 2013 as INSTRUMENT NO.13-233592 of Official Records.
firstAmerican Title
Page 3 of 15
to-
Nkie OrderVeber:NHSC-4955715
Page Number:4
7.A Deed of Trust to secure an original indebtedness of $1,143,750.00 recorded February 19,
2016 as Instrument No. 2016-0073400 of Official Records.
Dated:January 14, 2016
Trustor:1284 Pine Avenue Partners,a California limited liability company
Trustee:Regents Bank,a division of Grandpoint Bank
Beneficiary:Regents Bank,a division of Grandpoint Bank
A document entitled "Assignment of Rents" recorded February 19, 2016 as Instrument No.2016-
0073401 of Official Records,as additional security for the payment of the indebtedness secured
by the deed of trust recorded February 19,2016 as Instrument No.2016-0073400 of Official
Records.
8.A Deed of Trust to secure an original indebtedness of $387,370.00 recorded February 19,
2016 as Instrument No.2016-0073402 of Official Records.
Dated:January 14, 2016
Trustor:1284 Pine Avenue Partners,LLC
Trustee:First American Title Insurance Company,a California corporation
Beneficiary:KRM Mortgage Inc.,a Nevada corporation
Prior to the issuance of any policy of title insurance, the Company will require:
9.With respect to 1284 PINE AVENUE PARTNERS,a California limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b.If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c.If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following,as appropriate:
(i)If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers,as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii)If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
First American Title
Page 4 of 15
Order umber:NHSC-4955715
Page Number:5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116
and if applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Multi
Family Residence known as 1274-1276 Pine Avenue, Carlsbad,CA.
2.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
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the
Public Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
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.
First American Title
Page 5 of 15
.400v Order gber:NHSC-4955715
Page Number:6
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THE SOUTHEASTERLY HALF OF LOT 9 IN SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD
LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO.1744, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY TOGETHER WITH THE NORTHWESTERLY 10.00 FEET OF PINE AVENUE,
ADJOINING SAID LOT 9 ON THE SOUTHEAST AS VACATED BY RESOLUTION NO. 559,
RECORDED BY THE CITY OF CARLSBAD JUNE 16,1959 AS FILE NO.121316 OF OFFICIAL
RECORDS.
APN:205-020-04-00
First American Title
Page 6 of 15
—
09 __--205-02
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IS---4 3 '--tc..../s....THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY.NO LIABILITY IS
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E..oR.2 \...%.0.--ASSUMED FOR THE ACCURACY OF THE DATA SHOWN.ASSESSOR'S PARCELS a:BLK..44..0.--AMAYNOTCOMPLYWITHLOCALSUBDIVISIONORBUILDINGORDINANCES.
\,„;-79 ail\-AA .
0AA CD
MAP13A1,1744-SUB OF TCTS 114 &I20 CARLSBAD LANDS
MAP 1661 -CARLSBAD LANDS
it)in-,,,v000 6 inMAP75 (365) -TOWN OF CARLSBAD AMENDED %I .
-147 fAl/E...ROS 1270ee
SAN MOO COUNTY ASSESSOR'S MAP BK 205 PG 02
omit,
%rnue.
Order Number:NHSC-4955715
Page Number:8
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
Page 8 of 15
Order Number:NHSC-4955715
Page Number:9
First American Title Company
co *it E Ir 1250 Corona Pointe Court, Suite 200
...
.•Corona, CA 92879Post American Title (951)256-5880
First American Title
Page 9 of 15
C Order umber:NHSC-4955715
Page Number:10
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub-Escrow Deposits
Riverside County, California
PAYABLE TO:First American Title Company
BANK:First American Trust,FSB
ADDRESS:5 First American Way, Santa Ana, CA 92707
ACCOUNT NO:3097840000
ROUTING NUMBER:122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY:1274-1276 Pine Avenue, Carlsbad,CA
FILE NUMBER:NHSC-4955715 (06)
ATTENTION:Dianne Livingston
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American
Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED
STATES.PLEASE NOTIFY Dianne Livingston AT (858)410-
1303 OR dslivingston@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE.
IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S.BANK. ADDITIONAL CHARGES MAY APPLY.
PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.
AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE
AND REQUIRES ADDITIONAL TIME FOR CLEARANCE.
FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR PROPERTY REFERENCE ARE NOT INCLUDED
With cyber crimes on the increase, it is important to be ever vigilant.If you receive an e-mail or any
other communication that appears to be generated from a First American employee that contains new,
revised or altered bank wire instructions, consider it suspect and call our office at a number you trust.
Our bank wire instructions seldom change.
First American Title
Page 10 of 15
,.
orek
ow.Order umber:NHSC-4955715
Page Number:11
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
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 those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
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 limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded 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.e., 25, 26, 27 or 28.
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 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16,18,19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum DollarLimit of Liability
Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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:
(a) and use
(b) improvements on the land
(c) and division
(d) 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:
First American Title
Page 11 of 15
..
iks.0 Order umber:NHSC-4955715
Page Number:12
(a)a notice of exercising the right appears in the public records on the Policy Date
(b) 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:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) 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:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b)in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
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;
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 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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.
First American Title
Page 12 of 15
,.
4441001 Order Number:NHSC-4955715
Page Number:13
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.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
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;
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 9 or
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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
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:
First American Title
Page 13 of 15
Order umber:NHSC-4955715
•Page Number:14
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 1(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 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. 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 11(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.
9.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 27(b) of this policy.
First American Title
Page 14 of 15
C Order Number:NHSC-4955715
Page Number:15
First American Thie
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with suchinformation-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Typesof Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:•Information we receive from you on applications, forms and in other communications to us, whether in writing,in person, by telephone or any other means;•Information about your transactions with us, our affiliated companies, or others; and•Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated partiesexcept:(1) as necessary for us to provide the product or service you have requested of us; or (2)as permitted by law. We may,however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such asquality control efforts or customer analysis. We may also provide all of the types ofnonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,property and casualtyinsurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names,not the e-mail addresses,of visitors. This information is aggregated to measure the number of visits, average time spent on the site,pages viewed and similar information.FirstAmerican uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specificaccount/profile information.If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data thata Web sitecan send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use informationin a responsible manner.SecurityWe will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
First American Title
Page 15 of 15
C
k.:(7
Development Services
City of DISCLOSURE STATEMENT Manning Division
Carlsbad P-1(A)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, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit°
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE.LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 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 Corp/Part
Title Title
Address Address
2.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.)----
ec•sctkg-A
Person A deer)F19 C.A1 60cli Corpirart IN (C)461
Title Marta9 Title sf::›c.J0 ex—
Address 1 B2-1 S-Cori}-.-
Aic)lita 'Address 18Z I 3.C_OnSA—
141c1
11A-)c -/
0C-eCIAStae.CV\q2C)59 OCeorvASICte CA CVZOVI
P-1(A)Page 1 of 2 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,Corn 'ssions,Committees and/or Council within the past twelve (12)
months?
TiYes No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify th e above information is true and correct to the best of knowledge.
Sign re of owner/date Signat of applicant/date
?retitalim (.vin BieS/1414*`
rijakor type name of owner Print or type name of applicant
-19r avl P14 tAt401.Pai4nercIA
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
j.
C ty of PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad P-1 (B)1635 Faraday Avenue
(760) 602-4610
www.carisbadca.gov
PROJECT NAME:1284 Pine Avenue
APPLICANT NAME:1284 Pine Avenue Partnters LLC
Please describe fully the proposed project by application type.Include any details necessary to
adequately explain the scope and/or operation of the proposed project.You may also include
any background information and supporting statements regarding the reasons for,or
appropriateness of, the application.Use an addendum sheet if necessary.
Description/Explanation:
APPLICANT PROPOSES TO SPLIT AN EXISTING 0.44 ACRE RESIDENTIAL
LOT INTO TWO RESIDENTIAL LOTS OF 0.18 ACRES AND 0.26 ACRES
LOTS A ft.NDB, RESPECTIVELY_ LOT B HAS AN EXISTING RESIDE-
N-1'UL
BUILDING ON IT. IT IS PROPOSED LOT A WILL BE BUILT OUT AS A
RESIDENTIAL LOT HOSTING A PR MARY DWELLING WITH ATTACHED
GUEST HOUSE AND SECONDARY DWELLING UNITS.
P-1(B)Page 1 of 1 Revised 07/10
HAZARDOUS WASTE
C Development Services
City of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:Kevin Bresnahan, PE Name: 1284 Pine Ave. Parterns LLC
Address:3031 Ridge Creek Drive Address:1821 S.Coast Highway
Fallbrook CA 92028 Oceanside CA 92054
Phone Number:951 -532-6371 Phone Number:760-580-1986
Address of Site:1284 Pine Avenue, Carldbad
Local Agency (City and County):City of Carlsbad; County of San Diego
Assessor's book, page, and parcel number 218-031 -18
Specify list(s):
Regulatory Identification Number:
Date of List:
7-2/-20A.
App •nt Signature/Date Property Owner Signature/Date
yre-/2.1'eie r
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
C
EIA INFORMATION
C City of FORM
Development Services
Planning Division
Carlsbad P-1(D)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative
Declaration,Negative Declaration or Exemption)will be required to be prepared for your
application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's
Municipal Code.The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are
necessary to substantiate a "no impact"or "yes impact"determination should be
submitted as an attachment to this Environmental Information Form.This is especially
important when a Negative Declaration is being sought.The more information provided in this
form,the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form —Initial Study.
P-1(D)Page 1 of 4 Revised 07/10
..
0 0
Addendum to Form P-1(D)
Environmental Setting:
No. 32 Subject Lot
Existing lot is a 0.44 acre site developed with a single family home and attached second
dwelling unit.The site exhibits mildly sloping topography dropping westerly at a rate of 5-10% slopes.
On-site plants include ornamental vegetation in planters around the house and a grass lined swales
running the length ofthe driveway.Front yard is a permitted graded pad with minimal vegetation
awaiting further development. No significant habitat for native animals exist on site.Further, the site
does not host any significant cultural/scenic or historic value.
-40
diit Iii
is...-.•—".utreoiar.opg 4....4r.t
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a r4 ..
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......fre.1-„t,--.""-•1 Te '''-‘--jr''''•„--III"--
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1111
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.
Photo of Subject Lot looking North from Pine Avenue.
No.33 Neighbor Lots
Neighbor lots a similar to the described existing lot.All lots are developed as single family
C 3
residences with variable allowable accessory structures. Vegetation ofthe neighborhood is urban with
no significant native stands or animal habitat.P-1(D).The immediate neighborhood host home on lots
from 1/4 acre to 'A acre.
..-..-
,..-
dra -sr.
J..4..4"-....‘.„..,..-
-,,,,,,.-•..44"\-'-,•1F
-
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V\•t .3*1 284 Rine Ave*,".II „„...,-.,‘,-..N410"---IA.
'-* ",,,i '';-I,•----
-
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Photo ofNeighborhood wit 1284 Pine identified in center with street photo key
t.45i.or4e#.iirt;-
.e.
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litlaiP r117.1.:-._
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Photo A looking North East on Pine Ave as depicted on aerial
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Photo B looking South East on Pine Ave as depicted on aerial
,ic —2:-.17":-.---
-: '.
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=‘,,..,--,,,,J-...,-..:,'-'-
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-f!r.Sri }'-,.e ft .r.•••.:-•••'.•,•--?'.--;':•-•-.1.-...--4-5.3.--.4V1.--t;.-..;.4.-...:...-•?
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Photo C looking Northwest on Pine Ave as depicted on aerial
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,•
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Photo D looking South West on Pine Ave as depicted on aerial
C....it,
TIME LIMITS ON
C City of DISCRETIONARY
Development Services
Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610
P-1(E)www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific requirement or w her all requirements are necessary for your particular
application) please call (760) 602 .
Applicant Signature:./..'7-7/---eaoKe
Staff Signature:eitAL:). jejtitAino
Date:7..2././G
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
TENTATIVE PARCEL MAP Development Services
C City of WAIVER OF PROCESSING Planning Division
Carlsbad TIME LIMITS 1635 Faraday Avenue
760-602-4610P-1(F)www.cadsbadca.gov
Proposed Minor Subdivision No.:
Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process
tentative parcel maps.Per SMA Section 66451.1, this time limit may be extended by mutual consent of the
applicant and the city to allow for concurrent processing of related approvals or an environmental review of the
project.
By accepting applications for tentative parcel maps concurrently with applications for other approvals that are
prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium
Permit, Planned Unit Development), the 50-day time limit is often exceeded.For the city to process a tentative
parcel map application concurrently,the property owner or applicant must sign this agreement.If this
agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to
the map have been processed and approved.
The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time
restriction and hereby waives such time restriction for city planner action.
osigpnreorpeisrty(chowecknon
:lecdh Applicant
ignature Print Name .Date
443-7-C2tYP4a-ilire )i.rVeM5
Signer is (check one):
OProperty Owner DApplicant
Signature Print Name Date
P-1(F)Rev. 04/13
C
TENTATIVE PARCEL MAP TENANT
ity NOTIFICATION STATEMENT
(Statement of Compliance with
Development Services
C of Planning Division
Carlsbad Subdivision Map Act Sect. 66427.1)
P-1 (G)
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
Proposed Minor Subdivision No.:
I hereby certify th I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all
notifications enants required therein.
W.9 refie4 7;2/-zee
t Name DateignatureAr4cieLi-c_
0Property Owner Mpplicant
Signature Print Name Date
OProperty Owner ['Applicant
Subdivision Map Act Section 66427.1
(a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real
property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person
applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and
rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451).
(2)Each of the tenants of the proposed condominium,community apartment project,or stock cooperative project has
received or will receive each of the following notices:
(A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a
tentative map pursuant to Section 66452.
(B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of
Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the
report will be available on request.
(C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice
shall be provided within five days after the date that the subdivider receives the public report from the Department of Real
Estate.
(D) Written notification within 10 days after approval of a final map for the proposed conversion.
(E)One hundred eighty days' written notice of intention to convert,provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative
map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the
parties in performance of their covenants,including,but not limited to, the provision of services,payment of rent,or the
obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions
that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase
shall commence on the date the subdivision public report is issued,as provided in Section 11018.2 of the Business and
Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed
satisfied if those notices comply with the legal requirements for service by mail.
(c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.
P-1(G)Page 1 of 1 Revised 11/12
Fwd
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:1 Qi I "•••I (C)(To be completed by City)
Application Number(s):MS I (et—0 S
General Information
1.Name of project:1284 Pine Avenue
2.Name of developer or project sponsor:1284 Pine Avenue Partnrs LLC
Address:1821 S.Coast Highway,
City, State, Zip Code:Oceanside CA 92054
Phone Number:760-580-1986
3.Name of person to be contacted concerning this project:Kevin Bresnahan PE
Address:3031 Ridge Creek Drive
City, State, Zip Code:Fal!brook CA 92028
Phone Number:951 -532-6371
4.Address of Project:1274 Pine Ave, Carlsbad CA (1284 old residence)
Assessor's Parcel Number 218-031 -18
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Grading Permit Completed
6.Existing General Plan Land Use Designation:RLM/RM
7.Existing zoning district:Zoning R1
8.Existing land use(s):residential home site
9.Proposed use of site (Project for which this form is filed):Two residential home sites
Project Description
10.Site size:19,902 sq.ft. (0.44 ac) net and gross
11.Proposed Building square footage:
12:Number of floors of construction:2 story
13.Amount of off-street parking provided:2 parking stalls
14.Associated projects:
P-1(D)Page 2 of 4 Revised 07/10
*444.0
15.If residential, include the number of units and schedule of unit sizes:
conceptual only— single family residence with allowable accessory structures
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
n/a
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
n/a
18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
n/a
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
n/a
P-1(D)Page 3 of 4 Revised 07/10
„foiN
Are the following items applicable to the project or its effects?Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 1:1 El
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or El
roads.
22.Change in pattern, scale or character of general area of project.
23.Significant amounts of solid waste or litter. 0
24.Change in dust, ash, smoke, fumes or odors in vicinity. El
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity. 0
27.Site on filled land or on slope of 10 percent or more.
28.Use of disposal of potentially hazardous materials,such as toxic substances,0
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,0
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31.Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
32.Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrounding properties,including information on plants and animals and any
cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and
Date:7--2ab Signature:
For:/7e ilvetAtAigAr te-
P-1(D)Page 4 of 4 Revised 07/10
STORM WATER STANDARDS Development Services
City'of QUESTIONNAIRE Land Development Engineering
Carlsbad E-34
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects,the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
,-PROJECT INFORMATION'•'
PROJECT NAME:/28y -7 --/no Avg .
PROJECT ID:
ADDRESS:7263e/rne AVC.APN:020 —q
The project is (check one):0 New Development ,2 Redevelopment
The total proposed disturbed area is:S,000 ft2(_434F )acree,VeniSereg
The total proposed newly created and/or replaced impervious area ft2 1,114 )acres C.2.7/5/4errei
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:-
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
Jp?1:1
••
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building 0 27or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above uestion, the project is a 'developmentpro'ect,.o to Ste.2.
,•
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;0 a.b)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?0
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ..." and complete applicant information.
Discussion to justify exemption (e.g: the project redeveloping existing road designed and constructed in accordance withthe USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 02/16
•__
Ulj .r -;Jr..noT-Tz7,
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or El elarmore of impervious surface?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and yer
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside einv-
development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is
a land area or facility for the temporary parking or storage of motor vehicles used personally for 0 el2r
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street,road,highway
freeway or driveway?A street,road,highway,freeway or driveway is any paved impervious surface usedfor the transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site,and discharges directly to an Environmentally
Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of (tf
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotiverepairshopisafacility that is categorized in any one of the following Standard Industrial Classification (SIC)ar--
codes: 5013,5014, 5541,7532-7534, or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes
ep---
RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily
Traffic (ADT)of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0 /Er
11.Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC (0 -
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project, go to step 4.If your project is a new project, go to step 5,check the first box stating "My project is a PDP ...”
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5,check the
second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information.
E-34 Page 3 of 4 REV 02/16
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Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amountoflessthan50%of the surface area of the previously existing development?Complete the percentimpervious calculation below:
Existing impervious area (A)=sq. ft.El
Total proposed newly created or replaced impervious area (B)=sq. ft.
Percent impervious area created or replaced (B/A)*100 =
If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and completeapplicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5, check the
check the first box stating "My project is a PDP ..." and complete applicant information.
t./'STEP5:.‘11
APPROPRIATE BOX AND COMPLETE 0:17.41PANT4NORMATiON .
My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
)4.4y project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note:For projects that are close to meeting the PDP threshold,staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project'and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name:/4'5-17 -7 Applicant Title:creirdetrApplicant Signature:Date:7-Z/-2 o lL
Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodiesdesignatedwiththeRAREbeneficialusebytheStateWaterResourcesControlBoard(Water Quality Control Plan for the San Diego Basin (1994)and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence:El
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 07116
\tied
STANDARD PROJECT Develop
City of REQUIREMENT
Development Services
Land Development Engineering
Carlsbad CHECKLIST 1635 Faraday Avenue
E-36
(760) 602-2750
www.carlsbadca.gov
Project Information
Project Name: 1284 Pine Avenue Partners
Project ID:
DWG No. or Building Permit No.:
Source Control BMPs
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.See
Chapter 4 and Appendix E.1 of the BMP Design Manual for information to implement source control BMPs shown in this
checklist.
Answer each category below pursuant to the following.
•"Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual.Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement.Discussion/justitication must be
provided.Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 0 Yes 0 No O N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage 0 Yes No LZI N/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind 0 Yes No m N/A
Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 03116
Source Control Requirement (continued)Applied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall,Run-On,Runoff,and 0 Yes 0 No 0 N/AWind Dispersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal 0 Yes 0 No 0 N/A
Discussion/justification if SC-5 not implemented:
Building Plans will be required to provide for a trash storage area.
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Appendix El of BMP Manual for guidance).
O On-site storm drain inlets 0 Yes 0 No 0 N/A
O Interior floor drains and elevator shaft sump pumps 0 Yes 0 No 0 N/A
O Interior parking garages 0 Yes 0 No 0 N/A
O Need for future indoor & structural pest control 0 Yes 0 No 0 N/A
O Landscape/Outdoor Pesticide Use 0 Yes 0 No 0 N/A
Pools,spas, ponds, decorative fountains, and other water features 0 Yes No 0 N/A
O Food service 0 Yes 0 No 0 N/A
O Refuse areas 0 Yes 0 No 0 N/A
O Industrial processes 0 Yes 0 No 21 N/A
Outdoor storage of equipment or materials 0 Yes 0 No 0 N/A
O Vehicle and Equipment Cleaning 0 Yes 0 No 21 N/A
0 Vehicle/Equipment Repair and Maintenance 0 Yes 0 No 0 N/A
O Fuel Dispensing Areas 0 Yes 0 No 21 N/A
O Loading Docks 0 Yes 0 No 0 N/A
O Fire Sprinkler Test Water 0 Yes 0 No 0 N/A
Miscellaneous Drain or Wash Water 0 Yes 0 No 0 N/A
O Plazas, sidewalks, and parking lots 0 Yes 0 No 0 N/A
For "Yes" answers, identify the additional BMP per Appendix E.1.Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 03116
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual for information to implement site design BMPs shown in
this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion /justification is not required.
•"No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Source Control Requirement Applied?
SD-1 Maintain Natural Drainage Pathways and Hydrologic Features La Yes I No I N/A
Discussion/justification if SD-1 not implemented:
Yes.Project drains to Pine Ave in existing and proposed condition.
SD-2 Conserve Natural Areas, Soils, and Vegetation Yes I 173 No N/A
Discussion/justification if SD-2 not implemented:
Natural areas, soils and vegetation are not within the site.Site is a disturbed city lot.
SD-3 Minimize Impervious Area I VI Yes No I N/A
Discussion/justification if SD-3 not implemented:
Utilize pervious pavers for driveway.
SD-4 Minimize Soil Compaction 0 Yes No N/A
Discussionfjustification if SD-4 not implemented:
SD-5 Impervious Area Dispersion m Yes No N/A
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 03116
-—
Source Control Requirement (continued)Applied?
SD-6 Runoff Collection Yes 0 No N/A
Discussion/justification if SD-6 not implemented:
Minimal area for collection.Stormflows will be directed to graded swales allowing infiltration and watering of onsite plants.
SD-7 Landscaping with Native or Drought Tolerant Species I 0 Yes No I N/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precipitation I 0 Yes I No I N/A
Discussion/justification if SD-8 not implemented:
via graded swales distributing to landscape.
E-36 Page 4 of 4 Revised 03/16
Minutes of Meeting of Members
Of
1284 Pine Avenue Properties,LLC
November 25.2014
Agent Authorization for City ofCarlsbad
A special meeting ofthe members of 1284 Pine Avenue Properties. LLC was held at
1821 S.Coast Hwy, Oceanside. Ca 92054 on the 25th day of November, 2014, pursuant
to a consent to and waiver of notice of the time, place and purpose of the meeting signed
by all members.
All of the members were present for the meeting and Adam Fischbach acted as Manager
ofthe meeting.
The matter of authorizing Kevin Bresnahan to act as agent
and representative of 1284 Pine Avenue Properties,LLC
during the City of Carlsbad development application and
plan process. This includes but is not limited to:
L) Authorization to sign and file applications and
forms
2.)Agent Kevin Bresnahan will provide 1284 Pine
Avenue Properties,LLC with a copy of all
documents.
There being no other matters coming before the members this meeting was
adjourned.
1284 Pine Avenue Properties,LLC By:
,2 7/
Adam Fischbach
Manager