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Home My WebLink AboutAMEND 2020-0008; HOOVER STREET MINOR SUBDIVISION; Minor Subdivision (MS)Ccicyor Carlsbad 0 APPEAL FORM P-27 0 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Date of Decision you are appealing:._::f_A......._t4 __ U_A ___ R ...... Y.....___1_6_1 c._0 __ ) __ 5 ____ i:7_PFJ1 __ R ........ ,.....S .... \ ..... 4 __ -..... o __ s_,_/_c._p ..... e__,_)4 __ ..,,.....,0_B 9/2-?/~o ~ A~2o'2D_)oad& Sublect 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. iJJS: A'2,S ©;Qt,)£'5TlNG COND ITlON !)5 D. TO 12E': EE:'IIS£D 10 OCCVPANC)'. OF PAJtcg,L -4 ANO NOr AT Tl,\3 fOJNf 0~ rJM£. Reason{•) for the Appeal: PLEASE NOTE: The appeal shall speclftcally state the reason{s) for the appeal. Failure to apecify a reason may result In denial of the appeal. and you will be limited to the grounds stated h"' when p""ntina your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see C&rlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits if necessary. t) No CONS \{)ER-At\ otl WA~ Gl\/BN T6 JHE rAc.T "'lf-lAT WI Qe.N1 NC: ::n:t~ pll1VE1>JA:i NQU,,J UJQQkP PtJT ALL-n.\£ INCOMING C.OfJSTgUcJ)ON TRAEl=-'[C: QN lt\E DLQi;R. e..xi~-r1 NG D€JVEwA'/ ANO cADSE vA'tMr/2 -rtJ 11: f.) IDIOE;N ING :rME; DR\VE;lAJAY NOvJ WILL MAKf; Tl,ic. PfEsEU! HOM£O\JJ1'/e.ts CCMfE:Tt: IAHTN QOtJS,RDCT\O}:I TAAFf,c: WH\Clj ,s A ?,\G SA,\:t;Tt PR013U;M 3:) 1l$$, DR1'JC2WA'[ AS O~SlGNEQ GIVGS NO C0Nslb6RATIOH IO It:\t: FUTvRt. ~ODS~~GAEJ,&E AN() l>JlLL HAVE JO t:,E PARljAL.,L)' Re-MQ'\/EO· ~0,Me W1f)~N1~G, ot== T\\6-1'\/UJY Is FllR rA~c1c.L 4 ONL'-11 NOT PAf<ctl.~ 11s~ NAME (Print): @15E R,, \ <slJKVf ,,._ 'Rt-G \ ~ 1" e; 'R.~ ~ C \ \J l L Z-N GI t-..\ ttl2:,,, MAILING ADDRESS: g?, '2. !c ~~A, :SR.1 G I:\: T f'L.AC-;_ CITY, STATE, ZIP: C.AR.L SSA p, CA ~ ZOC78 TELEPHONE: 7'26 -eo'J-<bc0 B · (\1\1$ ]~~=X , COV\ EMAIL ADDRESS: SIGNATURE: DATE: P-27 Page 1 of 1 OCT O 2 2020 CITY C~ CJ · \0 '' J Rev. 05/12 -~· 1h ; Sea Br1·gLO ts•--S-'"" Ill ;_ urr¥4 c o m p a n y ; - September 29 , 2020 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Att: City Planning Commission Ref: Amend 2020-0008, MS14-05, CDP14-08, DWG. No. 489-SA, Appeal to Condition of Approval 35-D Dear Planning Commissioners, : '.f u 2 2020 ,:--i:LSBAD 'YVISIO\J The request we have before you is to revise the Condition of Approval referred to above that requires the existing driveway that serves the house at 1230 Hoover Street to be widened to also serve the future house to go on Parcel 4 of MS14-05 (Parcel Map No. 21413). We are requesting the Condition to be modified to allow the driveway to be widened prior to occupancy of the future house on Parcel 4. The widening of the driveway is for Parcel 4 only and has no impact or benefits to Parcels 1, 2 and 3. The widening of the driveway at this time creates multiple negative impacts that include, but not limited to: I.Safety concerns to the family presently using the driveway. 2. Damage to their existing driveway due to heavy construction traffic. 3. A present driveway design that does not accommodate the access needs for a future house. To give you a feel for the issues at hand I have provided five red lined drawings that show: 1. Present conditions. 2. Possible technical shortcomings in the present design. 3. Safety issues with cross traffic and potential pavement deterioration. 4. Projected location of construction traffic if driveway is not widened at this time that separates the house traffic from the construction traffic. 5. My guess how the driveway might be designed for the future house which would require some of the proposed driveway to be tom out. Until you have a house/garage location nobody can come up with a good accurate driveway design. The existing driveway was built maybe 30 years ago. I have included 3 pictures of the existing driveway (all on 1 sheet) to indicate it is showing wear but still functioning. If you widen the existing driveway now all incoming construction traffic (low beds with grading equipment, steel deliveries, concrete trucks, lumber deliveries, truss deliveries, etc. etc.) would be driving over the existing driveway. It would be a recipe for major deterioration/ destruction of the existing pavement. Engineering • Management • General Contracting "' Development 4322 Sea Bright Place• Carlsbad, CA 92008 ♦ Telephone/FAX 760-720-0098 0 0 It is standard procedure in the construction industry that the driveway to a single family house is not constructed until the house is almost completed. I've included 3 additional pictures of houses presently under construction that show no driveways and confirms the standard sequence of events in house construction. In closing we are in no way trying to get out of the widening of the "to be" joint driveway. We just want to delay its construction to compliment normal construction sequencmg. I have provided my contact information below if you have any questions. Professionally, ~~~ Robert Sukup RCE 28302 760 807 9098 sukup@roadrunner.com Attachments (9) Cc: Bob Dietrich, Bob Blackbum .. C ◄ 0 LOUNSBERY FERGUSON ALTONA & PEAK LLP 960 Canterbury Place, Suite 300 Escondido, California 92025-3870 Telephone (760) 743-1201 Facsimile (760) 743-9926 www.LFAP.com CATHERINE A. FERGUSON September 29, 2020 Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 0 JOHNW.WI'IT 19.12-2018 Direct: (760) 743-1226, ext. 111 Email: CAF@LFAP.com RE: Appeal -Amend 2020-0008 {DEVI 4024) -Hoover Street Minor Subdivision Dear Planning Commissioners: Thank you for hearing our appeal of the Planning Division's denial of our request to amend the Tentative Parcel Map for the Hoover Street Minor Subdivision. As you know, the project is a four-lot minor subdivision. The project consists only of the subdivision and no construction is planned at this time. The property owners, Mr. Detrich and Mr. Blackbum, are not developers and merely want to entitle the property to eventually sell to fund their retirements. Despite this fact, the Planning Department is insisting that a driveway be constructed now, to sit idle until the site is eventually developed. We request that this driveway construction be deferred until the site is actually built out. The Planning Division has cited the Municipal Code sections below stating that they require the construction of the driveway at this time because a grading permit has been issued1• However, the Code states that the City may require the driveway be constructed prior to grading permit issuance if the City has an agreement with the owner or there is a reason for public health and safety. The owners have entered into a Minor Subdivision Agreement with the City, attached hereto, which includes the construction of the driveway. However, it does not state that the driveway must be constructed prior to the construction of the rest of the project. Where the timing would be specified in the Agreement, it states "NIA", indicating the City did not require the driveway be built at a specific time. The Planning Division also has not provided any reasons for the timing based on public health or safety. Additionally, the Engineering Department removed the cost of the driveway widening from the security bond requirement as it was no longer necessary at the time the bond was required. 1 A grading permit was issued in 2018 in order to put it the major utilities, but no actual pad grading or construction has occurred 0 Carlsbad Planning Commission September 29, 2020 Page 2 of3 0 LOUNSBERY FERGUSON ALTONA & PEAK I.LP The driveway is proposed in accordance with CMC 20.28.020 Panhandle-shaped lots .... Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be 15 feet provided a joint easement ensuring common access to both such portions is agreed upon by the property owners and recorded. (Ord. 9467 § 8, 1976; Ord. 9417 § 2, 1975) Staff has proposed that construction of the drive is required by CMC 20.28. 060 Minor Subdivisions Required improvements. A. As a condition precedent to the approval of a parcel map for a minor subdivision, the subdivider shall construct all off-site and onsite improvements in accordance with the requirements applicable to major subdivisions as set forth in Section 20.16.040 of this title for the parcels being created: provided, however. that requirements for the construction of such off-site and onsite improvements shall be noticed by certificate on the parcel map. in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on. concurrently with. or prior to the parcel map or instrument of waiver of a parcel map being filed for record. B. Fulfillment of such construction requirements shall not be required until at or after such time as a building or grading permit is issued by the city or at such time as may be provided by an agreement between the subdivider and the city pursuant to Section 20.28.070, except that in the absence of such agreement the city engineer may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel upon a finding that fulfillment of such construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 9521 § 19, 1979; Ord. 9417 § 2, 1975) Staff has also cited CMC 20.l.040(A)(J) Major Subdivisions Required improvements. A. Before approving a final map, the decision-making authority shall require and before a final map is approved by operation oflaw, it shall be required that: 1. The subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with city standards; 0 0 LOUNSBERY FERGUSON ALTONA & PEAK LLP Carlsbad Planning Commission September 29, 2020 Page 3 of3 These Code sections allow the City to require the construction of off-site improvements prior to the issuance of the grading permit for a minor subdivision based upon an agreement with the property owner or upon a finding based on public health and safety. As explained above, the Agreement does not specify the timing of the construction nor has there been given a reason based on public health and safety. Deferring construction of the driveway until construction of the future home it serves is not only practical, but well within the letter of the code. Based on the Code sections cited by the Planning Division, the Agreement with the City, and our correspondence with the City, the owners request that the Planning Commission amend the Tentative Parcel Map to allow the construction of the driveway to be deferred to construction of the future home on Parcel 4. Thank you for your consideration. Sincerely, LOUNSBERY FERGUSON ALTONA & PEAK, LLP ~ r~Jt,, Catherine A. Ferguson September 29, 2020 Heather and Collin Payne 1230 Hoover Street Carlsbad, CA 92008 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Planning Commission 0 Ref: Widening of Our Existing Driveway To whom it may concern: 0 Most recently we have been talking to our neighbors Bob Detrich and Bob Blackbum about the widening of our driveway to accommodate the needs of one of their lots that will share the driveway. We have been aware of this and agreed to it several years ago. They told us that since there are no plans to sell or build on the lot, they were trying to get the City to delay the widening until after the house was just about done, not now. We are totally against widening the driveway at this time. They explained that construction traffic would be entering onto our existing driveway and then exiting on the widened part. If that was allowed to happen our driveway would be severely damaged at a minimum. They further explained if there was no widening at this time, then construction traffic would enter and leave the site on the dirt portion that will ultimately be widened with no traffic on our driveway. The widening would take place once the house was close to completion. That is what we request to have happen in order to assure our family's safety during construction and eliminate any destructive traffic to our driveway. Also we noticed that our mailbox will have to be moved ( even though the parcel map mentions that the mailbox is not to be moved). Our existing landscaping and irrigation around the mailbox will have to be totally removed as well and redone in a new location. This is just another reason why we do not want to see the widening now. Last, it is my hope that when that lot is sold we could coordinate with the new owners on how we would like the new driveway to look i.e. pavers, stamped concrete etc. If it is paved now that takes that option off the table. Rf:f'~l~PJED OCT O 2 2020 0~ th • Sea Bright 0 t_& ___ Offl.l -~ o m p a n y ill CITY OF CARLSB~ 2 Sea Bright Place• Carlsbad, CA 92008 • Telephone/FAX 760-720-0098 _J av _______________ _ REPLY 76Q~30J-'3003 °'1!1 SIGNFn :&tr ~ INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVER: I. KEEP WHITE COPY. 2. SEND YELLOW AND PINK COPIES INTACT. I. WHITE REPLY. 2. KEEP PINK COPY, RETURN COPY TO SENDER. / ,,,. / / / ,_ ")>-- / a-s:1 -~-, ~ ii ; r~·; a I I__·") I d I / • I / I / ----~ / I ~ill - I Lt I A' It:,. I L / I / I / .,,, I --:__ --__,II ?-----...,, ·/ --, _j I I I ..,_ I ~ Ii ~ ' ~i r-:! ) I ~ ~l STltJ c; D RtV€.WA'/ fl,IQ,06 (f MR CONG\110~) n /I Pl--\oTO j_ . ~4£<1) ACAf-1\S ~~iSS7'" }-\Q US'E. u NDC {<.., CON s--r~uc-r /Of'-,' NO DRt'/E..WA1 ? l-\<YTO 2. .t! ;0 0 AC .A ,.J. % ~TR t:.E..\ HOUSE".. ALMOS'i" COMfJGE.i~ NO DRIVt;WA'-/ ?t\O'TO ~ B.JR.c...\-\wooo DR.r{E--SAN MAR cas -L WA~ CIVIL Gl~GlNES~ O~ PP..o'JECT H0\JS'S a--::,t✓1 PLE.:T~ L..-A Nb s c A PS. t 6 % C..O V\ PLE: b D Rl'/c:.WA Y NOW H~ ?ROGlcc.--SS ___________ _,-.,.. _____________ ,. ..... ,... __________ _ ' ,I (city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential 0 Planning Commission Determination J.-& ,asonable Accommodation D Site Development Plan D Minor D Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) lDP-ll)-0~ MS l'f-oS D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South cartsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major VIiiage Review Area Permits D Review Permit D Administrative O Minor O Major JUL i 2 202Q NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". p·c+$b9)(-i~ctfii'i'A~WT SPECIALIST AT (760) 602•2723TO SCHEDULE AN APPOINTMENT. ~:..r,'.'.: . '. .. __; -~ , ./: _;] 2 ;,J ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINlMENTS ARE NOT AVAILABLE (STREET ADDRESS) }:\OO\(ER S1\?£E;1 MIN OR 'SVJ;D \ \/\ Sl Cl~ Development No. DEV lj a i~ Lead Case No. P-1 Page 1 of6 ,.,. ,, OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME R.o~e.e-, ~\~ t,1.,.~ fJ!:.i,._I C.1-\ (if applicable): ~cS~B,,-~ e.1..~1bli: F\t.-A<.A(~uB.~ COMPANY NAME ft)\t'tfl.\Cµ (~\,~e,~\We..~ (if applicable): MAILING ADDRESS: l '4~ \-\~(\~f.E:; lt4Q "OO'l~Ct- CITY, STATE, ZIP: CARLS~A.t) ~ C.A <?,2[)0~ TELEPHONE: 7fo0-fo'J2.--2fo'b7 EMAIL ADDRESS: &t0€T~\CH @:t88Q04CON\ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET ORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PU ~T SA LI TION./r-if[) DATE --APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME l<o~E-RT ~UKUP (if applicable): COMPANY NAME 1+\if. :SEA "6R\Gtrr COM,:J,'.\J'i (if applicable): MAILING ADDRESS: ~::iiz. rlii:_A. 'B&}C.B T 'Pt...A.Ct:. CITY, STATE, ZIP: cA-tLs'BA-~, CA. <»2.008 TELEPHONE: 1(Qo.-001-~C>'?a EMAIL ADDRESS: su~u -P ~1'28!2 R~t:i w~~ ,C:Dli\ I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): _:R..........,Sl ..... 6.rr,; ......... :;.:.F:;...;;..~....:..--s...;;..0~K"-,;V;....;....P ______________ _ MAILINGADDRESS: 131.'2-~El\ :f;R\Git\T PkAGE c1TY. STATE.ZIP: cA:ft.L$BAP, cA 02~08 TELEPHONE: ?bO -80'7 -:,a'?3 EMAILADDRESS: SUKUP @ROA.DRUNNE.R. I CC\{\ I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE ~~ ~ECT TO :~:1z~ °" 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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA D AND BIND ANY SUCCESSORS IN INTEREST. • -t DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page2 of6 Revised 03/17 ("cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov PROJECT NAME: HO~'i~R.. STR.~E-T Ml~)C>1(.. SlJ\sP)\J\ cs lON APPLICANTNAME: ¥-OSE:-IZT SUKUP 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: -me Ai30'le. f RoJ"E.~-r wA-s APPRove..t A'S fi'\S \~-05 f cu P 14-oS THf:. OlJJN~R5 AR~ ic.Q.\)€S11~<; CONO li\ON oS O f>'c ~0J)lf\SO ,c Pe.Fe.R DRt\/~\.0A_'( IJJ\ OE.N 1-N G iO ~-e, ClrM ?LS,~ 0 r'l'<J6R. TO ac:.-t\J 'PAf-.i cY or= :PARC.EL 4 1 NC1' ,6 "6~ Bv1 L, NOvJ, Ric.A SONS 1'0 .::S\J 5 T lFY Ri;:(xJ)~Si" ~ 1. i'Hc-CrT'/ t!LIMI NA1E-O 1"\-\~ COS\ fOR. ""T\,~ VR\V~WA)' W' D ~ N 1 1\1 G FR. Ct'\ i\--\ ~ "'&() N b 6-ST' I V,A --r f. -,-'°' \) s IN O \ CAT 1 N ~ IT ~+\Q\)Lt) t·\IJ'T 1$~ l?,U\l..\ A, "T}-\\.S 11t-1e.(cor'{ ti.NCLOSE..0.) 2. M'/ L-E.i,e.R OF 10\ \0 hli\ 'TO Tt,G" CIT---/) WtTH t?IC11>~E.S, ~X.PL-Al"\INC. WHY You··11ot,(r 'glJlLO A.. bRI\J~WAY NOW At-JP TN8 Sl-\ORT C-Ofv'\I )"1G~ Of "T\-\€.. fRe.S'E-NT Dl2.S\GJ-! 3. P~crto<s 1)2. ~ '3 0\: House~ VNoeR C.Ot-fS,RUCT)OlJ UJ\it\ No PRl\/~WAY46 lN~TALz....e.D COt.J'FlftM<s SS()(UE.NC£ OF'c'/e,.J"( ~--corY 0~ GRADING, 4" ~QOS\O\..\ co~-re.oL ~Ot40 \S ATTACHE:1) t MY C.AL-C.lJL,Ai)QN A, -n\c -S{YTTO~ i_F -n•\'G 'B¢ ~ D e:. <~tr 1 ~ ATt--TO COH Fl R ~ 1 i \-\ £ c.rtY s U,, 4 I 0 6. MY L,£1TE..{<. Of :!UL,. Y 2, ZOZO s\-\olA) ING ,tt~ Cll51 iD fAR.CEL,.. ~. OC£S N07" f'L-ACS Aµ EXCE:S~IVE 'tVibtN otJ 7'~E.l'\ C-O~PA a.~D ,O Ol'r\~'R tlid'J~~ IN ll\E Nt:H;HlbGtt-\OOD. P-1(8) Page 1 of,1 Revised 07/10 ( Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 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): cl 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 !!!. contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: KoEE-R,,"T 5:uK.vf> Name: 06Tl(\C~ TRl.)sr/~c.KBlJllN1RvS\ v T) , 't Address::1 ~ 2.I. Sc~12R\Gt,i' rL-AC:..E. Address: \\4t \:\()()'-le.ft 1240 \:\OC,\}€. l<- C:ARLSBAD 1 CA '?'2C08 c~t..S13AD, cA "2.003 Phone Number: 7bo, Sa7-~® n Phone Number: 1t'do-ta7"Z----Zl.oB7 r fA,Rc.e.L 1., Ne> Al).tl2.'G.~S-,:o{( PARcl:-.L 1 (~uea~&c:T u,,') f Address of Site: I 4 r> ()(}"Y£.f2. ~ ~ \-1 IJ IL fJ "l ~ l P LI G. f) r'd:::-1 Local Agency (City and County}: CA.Rt SBAl) i SAN DIG-GO Assessor's book, page, and parcel number: 2%-I SO-'2 ~ 2 B I Z ~, 3, 0 ( Specify list(s}: £ ... S \ S ~E,t} C.: ARCt.\..., 1t-\\~ A.9t>L\C.A:, 10 \S 0\41-Y A:. OUT D Regulato~ Identification Number: UJ I PG-NIN e. tssua. Date of List: . A . .rr~ ~ r~, ,~ Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 ... ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: '7 /:2 J /20 Jo (To be completed by City) Application Number(s): AM£ NJ) Jo f}..._o ·-0008 General lnfonnation Name of project: __ l\'-'-=""~::;,..,.-~;L,l,,!!~~__.__,~~__,;::..1..:~..L..L.~...;:;...:~..i..+-,~r....;;;...'--'-'--...,,_ R.E 1. 2. Name of developer or project sponsor: -rgtcH FAM\L.. Y 'ii\US,: ; :SlACX! R)j Address: ll 4 B Hoo\/E. R <STlt€.t.-r" City, State, Zip Code: CARL. 'Sl,A~ , CA ,zooa fAMh-Y ittJST. Phone Number: 7'1()--t:, 12-'2'-57 (BO°f,b.'f..'f PE-1 R\ Cr\) 3. Name of person to be contacted concerning this project: KoBe:.n SuK.lJ p Address: '43c.:2 SEApR\G. r(T fl---AC:..~ City, State, Zip Code: CAe.l-S~A O 1 CA.. ~too 6 Phone Number: 14 o -~ c ~ -~ OO)v 4. Address of Project: 1146 Hoove..e..--PARC£L...1; 0c.TJZ.IC'1 (l}o Aopf.cS"S FO fZ, A) f'A'({cEL-1 Assessor's Parcel Number: __,;::2:;..;:~LaK,.--..... l ... &a...o_-_____________ _ 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: NONE 6. Existing General Plan Land Use Designation: ---+-N...__A,4-___________ _ 7. Existing zoning district: _.,...N .... A'-'-------------------- 8. Existing land use(s): __ N__........__ _________________ _ 9. Proposed use of site (Projectforwhich this form is filed): fuTIJR.~ S1NG\.S fA)1\i..j t-\(W1E ON PAgC~L 4 Q'f EM~ 2-1413 Project Description _ 10. Site size: cs1;s~k\; ~G~rW~~~rE1iRVJ-~1l~~Ttt{_tD~J~~ ffJ1t T. 11. Proposed Building square footage: ___.Ni....:+,;/ A....,__ ______________ _ 12: Number of floors of construction: --'NJ..4--'/A....,__ ______________ _ 13. Amount of off-street parking provided: __._.N+/ A.._,__ _____________ _ I 14. Associated projects: ___ ___.u.+-r;;;;;).._ _______________ _ P-1(O) Page2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: __.N~/.LA_..,_ _____ _ 16. 17. 18. 19. P-1(O) If commercial, indicate the type, whetherfeighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N A ....a....:;,,-......,-________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _N~/_A ____ _ If institutional, indicate the major function, estimated employment per shift, eptimated occupancy, loading facilities, and community benefits to be derived from the project: NtA ....L.l"r, _..__.__ ____ _ If the project involves a variance, conditional usi! rezoning applications, state this and indicate clearly why the application is required: --""'N...,,,:....8:....,... ______________ _ Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ ~ 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. □ g1 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ ci alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ ~ 27. Site on filled land or on slope of 1 O percent or more. □ u( 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ EE(" flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ~ 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: N A 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 belief. Date: _7+-+/......,_rstt;.._,(]..::;;...-z 6=-----/ P-1(D) S~n~re~~ For: R,_o~, <S~IL \2.,l..lG/ME:,t.~ Re~ -i6367... Page4of4 Revised 07/10 City of Carlsbad Climate Actior , an Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in t he CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? □ If "Yes', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 r-.frCO2e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO2e/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 City of Carlsbad Climate Actior, r"lan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Property Address/APN: ~ ALL AP1f~'-1€-D AND Applicant Name/Co.: t 110 .. t:\OO'/€R s:rR~s-T Applicant Address: Contact Phone: Contact Email: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ N/A-RE.Q \JE..S"T TO 'P~l.-A"{ OVIJJ'/ l)J) Ott,l l NG D Alterations: D BPV ;/: $60,000 □ BPV ;/: $60,000 D Electrical service panel upgrade D BPV ;/: $200,000 □ New construction □ Alterations: P-30 lA 1Aand4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Actio ~ an Consistency Checklist D BPV .?: $200,000 or additions .?: 1B,5 1,000 square feet D BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area D ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. ~ A. D Residential addition or alteration~ $60,000 building pennit valuation. rifA _________ _ See Ord. CS-347, Section 8. O Exception: Home energy score~ 7 Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing D Attic insulation □Cool roof □ 1978 and later Select one: □ Lighting package D Water heating package □ Between 1978 and 1990 □ 1991 and later 8. D Nonresidential* new construction or alterations ~ $200,000 building permit valuation, or additions ~ 1,000 square feet See CALGreen Appencix AS, Discussion AS.2, as amended In CS-347, Section 3. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation D Duct Sealing □Cool roof Select one: D Lighting package D Water heating package /.;A ________ _ 0 N/A □ Restaurant service water heating (comp~ with California Energy Code Section 140.5, as amended) □ N/A AS.203.1.2.1 Choose one as applicable: 0 .95 Energy budget D .90 Energy budget 0 N/A AS.211.1.** □ On-site renewable energy 0 N/A AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) 0 N/A AS.212.1 □ Elevators and escalators 0 N/A AS.213.1 D Steel framing P-30 Page 4 of 7 Revised 02/20 , City of Carlsbad Climate Actio .an Consistency Checklist 0 N/A • lndudes hotels/motels and high-rise residential buildings •• For alterations~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. D Residential new construction (for building permit applications submitted after 1/1/'20). Refer to '2019 callfomla Energy Code section 150.l(c) 14 for requirements. Note: if project includes instalrrn an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdcifPVoffsetoptionlsselected. ~ A. 17\::~lllE"~i ,() Qt;..lA'/ DRl\l£.WAY WIDE.NI Floor Plan ID (use additional CFA ,d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwelli~ per plan type If proposed system size is less than calculated size, please explain. kWdc B. D Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~75% existing floor area, square feet Please refer to carlsbad Ordinance CS-347, Section 6 when completing this sedion. Choose one of the following methods: 0 Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: □If~ 10,000s.f. calculate: 15 kWdc x (GFNl0,000) ** ___ kWdc Exception □ □ □ □ RE , 0 DE. Y OR\\/t;WAY WIOE.N 1NG **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc *** Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of7 Revised 02/20 City of Carlsbad Climate Actio ,-,fan Consistency Checklist A. 0 Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. N D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction □ Exception: A. 0 Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when com letin this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : □ Multi family residential· -D Exception · Total Parking Spaces EVSE Spaces Proposed capable I Ready I Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable,• "Ready" or "Installed.") I I Installed I I Total P-30 Page 6 of7 Revised 02/20 ' Afr City of Carlsbad Climate Actior,. an Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation 2: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. 0 Nonresidential new construction (lndudes hotels/motels) D Exception : NIA Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation· Refer to the table below· Total Number of Parking Soaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 □ 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. 8. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table. N/A Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle L05-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. NA TDM plan required: Yes D No D LDE Staff Verification: □-----(staff initials) P-30 Page 7 of7 Revised 02/20 October 10, 2019 City of Carlsbad 1635 Faraday A venue Carlsbad, CA 92008 Att: Jeremy Riddle Ref: MS14-05/CDP14-08 Appeal to Condition of Approval 35-D Jeremy, Condition 35-D for the above referenced project is requiring the "to be" shared driveway to be improved at this time. WE ARE NOT against widening the driveway but just want to DELAY the widening to be done in the normal construction sequence and prior to use and occupancy being requested for the future house on Parcel 4. As a Civil Engineer for 46 years I have had a big involvement with the grading design of multitudes of single family homes and large subdivisions with hundreds of houses in each. I was also fortunate to be with a homebuilder for many years constructing hundreds of houses in Orange County and San Diego County. We did 3 great projects in Carlsbad and I personally built 3 homes in Carlsbad and deeply involved with a fourth. The reasons for the appeal are as follows: 1. One of the last things you do when building a house is to construct the driveway because you often don't know the material you want to use and you don't want construction traffic to damage, scratch or stain the "entrance" to your brand new house. 2. When you construct a new custom house, you often don't know exactly how you are going to build the driveway until you see the house built and determine how you want the driveway to function with back up space, etc. 3. Driveways are often the pathway for utilities and you don't know where the utilities will come from until you design the house and grading. 4. I have attached Exhibit 1 that shows the present design of the driveway. I have shown in red that if you build it per the design you can't legally get into Parcel 4 unless you drive over the 6" berm. This is a reason why you don't design a driveway until you know the position of the house and garage. 5. Attached is Exhibit 2 which I did to show you what I think the ultimate driveway will more likely look like. There is a significant grade differential going into Parcel 4 which could impact the vertical alignment of the shared driveway. Again another reason why you don't design a driveway until you know the position and elevation of the house and garage. Eo9inaerin9 ivianc:genienz General Contracting Development 4322 Sea Bright Place Carlsbad, CP, 92008 Telephone/FAX 760-720-0098 6. To widen the existing driveway right now would put heavy construction traffic (grading equipment, concrete trucks, lumber trucks, sand trucks, truss trucks, etc., etc.) onto the existing AC driveway. I have attached pictures of the existing driveway. It is not in good shape. Construction traffic will further debilitate the existing driveway. The future owners of Parcel 4 will be blamed for the downgrade.of the existing A.C. driveway. The present owners of the driveway may be looking for the new owners to pay for a whole new driveway which I don't believe would be fair. There presently is adequate room to install a standard gravel construction entrance to allow all construction traffic to enter off of Hoover and continue down the non paved area to the building site on Parcel 4. Your consideration to our request is greatly appreciated. Please call if you would like to meet or if you have any questions or comments. Sincerely, Attachments Detrichcity 1 ·: _, ~. ~ -~·-. ...::e•!lt .•, 'cm>-·,. . COin " :te KOCM!RsrJUr~ 11$\4..Qf 1:7,"R~ lllMl'llt • f SQ m, 2t ... .,.,. __ ..,. W MIIfflEl?M CV tf f1' ll Oil ..., ..... -- 'OVUJY WIDtJUN, OCt>UCiE:~ F~OJ(l lYJND A~O\HlT ~oNP AY\au~,:; 00,410 (sf£ Ai1'ACl4E-O) tt Io l/1 iLt .... '36, ~ 3 rJ :.. $~; i ?to 1 GRADING AND EROSION CON::),L CASH SECURITY MS14-05 NAME OF DEVELOPER: Blackburn Trust and Detrich Trust 2 NAME OF DEVELOPMENT: Hoover Street Minor Subdivision 3 LOCATION OF GRADING: 4276 Adams Street 4 AMOUNT OF CASH DEPOSIT: ......:$~6:.=6..!....:.4:....:..1.::.:0·-=-oo=----------------- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOTAL AMOUNT OF SECURITY: ......:$~6:.::.6!...:.,4...:..:10::.:..o~o;__ ____________ _ GRADING PERMIT NO.: GR 16-43 __;,:,.:....::.....:....::....~------------------- WHEREAS, the Developer named on Line 1 of Page 1 hereof, hereinafter referred to as DEVELOPER, has applied, pursuant to Chapter 15.16 and Subsection (0)(4) of Section 15.16.140 of the Carlsbad Municipal Code, for a grading permit to perform excavation fill work, installation of a desiltation basin or any combination thereof, within the City of Carlsbad, State of California, more specifically described in the application for grading permit for the Development named on Line 2 of Page 1 hereof, located as stated on Line 3 of Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, the CITY ENGINEER has determined to approve said application and issue said permit subject to certain conditions as set out in said permit; and WHEREAS, DEVELOPER is required under the terms of said permit and said Chapter 15.16 to furnish a bond for the faithful performance of his or her obligations thereunder; and WHEREAS, the CITY ENGINEER may require, pursuant to Subsection (0)(4) of Section 15.16.140 of the Carlsbad Municipal Code, that up to ten percent of the grading bond be submitted in the form of a cash deposit to ensure that adequate safeguards for prevention of erosion and sedimentation are in place when needed; and WHEREAS, the CITY ENGINEER has determined that a cash deposit in the amount of ten percent of the Grading Bond is necessary; and WHEREAS, DEVELOPER has the right to submit a cash deposit greater than the required ten percent; and WHEREAS, DEVELOPER has submitted herewith, cash in the amount stated on Line 5 of Page 1 hereof, Ill llflLES01VIDepartments\CEO\LandDev\PROJECTSIMSIMS 14\MS 14-05 Hoover Street Minor Subdivision -Riddle\B&AIGRADING ANO EROSION CONTROL CASH SECURITY.doc . 1 Rev. 01/25/13 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, DEVELOPER agrees as follows: 1. In the event the CITY ENGINEER determines that adequate safeguards for the prevention of erosion and sedimentation are not in place when needed or not properly maintained as required under the terms of said grading permit, the City may utilize any or all of the cash deposit in the amount stated on Line 5 of Page 1 hereof, to install such safeguards as the CITY ENGINEER may deem reasonable for the prevention of erosion and sedimentation of the grading site. 2. Upon the determination of the CITY ENGINEER that the grading site has been adequately stabilized with respect to the potential for erosion and sedimentation control, the CITY ENGINEER shall release any remaining monies held in deposit by the City. 3. The City shall pay interest on any monies held on deposit as security pursuant to the provisions of Section 53079(b) of the California Government Code, but not otherwise. 4. That this agreement is in addition to and not in lieu of any other agreement or bond relating to said grading permit. The condition of this obligation is such that if DEVELOPER, his heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the work and fulfill the conditions of said permit and Chapter 15.16 of the Carlsbad Municipal Code, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Ill Ill Ill Ill Ill Ill Ill IIFILES01V\Oepartments\CED\land0ev\PROJECTSIMS\MS 14\MS 14-05 Hoover Street Minor Subdivision • Riddle\B&AIGRAOING AND EROSION CONTROL CASH SECURITY.doc 2 Rev. 01/25/13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Executed by Developer this __ 1 _____ day of C)C ~y' I 20.JiR. DEVELOPER: Robert E. Detrich and Michelle A Detrich, Trustees of the Robert E. Detrich and Michelle A Detrich Trust Agreement Dated November 29, 2005, as to an Undivided ½ interest and Robert S. Blackburn and E. Elaine Blackbum, Trustees of the Robert S. and E. Elaine Blackburn 1994 Trust Dated September 6, 1994, and any amendments thereto, as to an undivided ½ interest CITY OF CARLSBAD, a municipal corporation of the State of California By: fi , ~am• of Devek,per) ~6~ (sign here) Robert E. Detrich {print name here) Trustee (title and organization of signatory) By:~ {) ~ By: (sign here) Michelle A Detrich (print name here) Trustee ~9anization of signatory) (sign here) Robert S. Blackbum (print name here) Trustee ----- (title and organization of signatory) By:/4.~ ~ (sign here) E. Elaine Blackburn (print name here) Trustee (title and organization of signatory) By: r (Proper notarial acknowledgment of execution by Developer must be attached) APPROVED AS TO FORM: CELIA BREWER City Attorney DERT, P.E. IIFILES01V\Departments\CED\Land0ev\PROJECTS\MS\MS 14\MS 14-05 Hoover Street Minor Subdivision -Riddlit\B&AIGRAOING AND EROSION CONTROL CASH SECURl1Ydoc 3 Rev. 01/25/13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifl8S only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ~' ) County of ~ _LJ '---eio ) On tx;::e. y \::z._o I b before me, ~=ro~e~---~epf\ ,Y\1)i-z:>..;o1;P½:6 [,' ~- Date Here Insert Name and ntle of~ OJ cer personally appeared J<,Di!)?CT S, . ~; ck, l'v\·: e.he6e A. ~±r,ck 1 Name(s) of Signer(s) }2,,c:,~ct ~► Blo.c\£,b¼Kll ~ E:, G lOd a~ "Blcxc.l-0½-r{\ . who proved to me on the basis of satisfactory evidence to be the perso@tl whose nam&@! ist.tii:2 subscribed to the within Instrument and acknowledged to me that he/stti3ffiiijDexecuted the same in his/her~uthorized capac~ and that by hls/h~gnatur~ the Instrument the persor&) or the entity upon behalf of which the persc@:jcted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-~~-,_· ~0=:=x.=::.,_::" __::::::::::__~==---~;::._· ---JF-·_ f"r-- 1 Signature of Notary Public ' --------------OPTIONAL _____________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Slgner(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General □ Individual □ Attorney in Fact □ Individual D Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee D Guardian or Conservator □Other. _____________ _ lJ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNota,y.org • 1-800-US NOTARY (1-800--876-6827) Item #5907 I\FILES01V\Oepartments\CEDll.andDevlPROJECTSIMS\MS 14\MS 14-05 Hoover Street Minor Subdivision • Riddle\B&AIGRADING AND EROSION CONTROL CASH Sl:CURITY.doc 5 Rev. 01/25/13 -- en,111111111• 11, .... ,. ......... . .... ,. ................. , Project ID: MS 14-05 Project Name: HOOVER STREET MINOR SUBDIVISIO Agreement: SEC16049 Drawing No: DWG4894A Grading and Erosion Control Agreement Completion Date: Work Covered: GRADING AND EROSION CONTROL Eff Security Type Date Bond# Grading Cash Deposit Cash In .f\, \t.o CASH RECPT R0120693 --cast:i .CA~ I RECPT RO 120693 Surety Company Developer BLACKBURN ROBERT S & E. ELAINE TRUSTE 1240 HOOVER ST CARLSBAD, CA 92008 Owner Date: 10/19/2016 Sec Orig Amt Type $66,410.00 $66,410.00 BLACKBURN ROBERT S & E. ELAINE TRUS 1240 HOOVER ST CARLSBAD, CA 92008 cc: File Engineering Inspection rptSECAGMT _lnfoSheet July 2, 2020 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Art: Jeremy Riddle Ref: MS14-05, CDP14-08, DWG. No. 489-5A, Appeal to Condition of Approval 35-D Jeremy, During discussions I have had with numerous City Staff, a comment came out that they thought the Condition to make Parcel 4 widen the existing pan handle driveway would be too much of a burden on Parcel 4 and therefore conditioned the Developers to widen the driveway in advance. A comparison of near by driveways and one in San Marcos that was poured several weeks ago are as follows: 1. The house at 4469 Adams Street that is now under construction has about 2,900 S.F. of a very steep concrete driveway to pour. 2. The house recently completed at 4422 Adams Street poured approximately 2,800 S.F. of a very steep concrete driveway. 3. A house that was just completed at 1709 Birchwood Drive in San Marcos that I did the design on, just poured 2,935 S.F. of a very steep concrete driveway. The lot we are talking about, Parcel 4 of PM# 21413, has 1,784 S.F. of A.C. driveway to place (less expensive than concrete) and then my guess is another 600 S.F. of concrete for the yet to be determined garage entry. This results in 2,384 S.F. of driveway which is less than the 3 other houses of similar size. Thus, placing the requirement on Parcel 4 to widen the A.C driveway is not an excessive burden. Please call if you have any questions or wish to meet. Thank you, Bob Sukup RCE 28302 Cc: Bob Dietrich, Bob Blackburn Engineering ,, Management ,,, General Contracting ··> Development 4322 Sea Bright Place,, Carlsbad, CA 92008 < Telephone/FAX 760-720-0098 ,.... ~ 1h8 S B •ght . _,~--i&.d ea r1 . ,.,.e,.,._._ c o m p a n y 4322 Sea Bright Place• Carlsbad, CA 92008 • Telephone/FAX 760-720-009 . ._ __ _J DATE ~ e.' \ --------------------SIGNED ______________ _ INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVER: 1. KEEP WHITE COPY. 2. SEND YELLOW AND PINK COPIES INTACT. 1. WHITE REPLY. 2. KEEP PINK COPY, RETURN COPY TO SENDER. ,_., ~ th8 s Br·ght·· ~~~ ea 1 . ,.,.e,,.9iiiiiii'i c o m p a n y 4322 Sea Bright Place• Carlsbad, CA 92008 • Telephone/FAX 760-720-0098 ._ ___ _ SUBJECT L _J av ________________ _ REPLY _________ SIGNFn]iJ;;:1~ 7 w-001-'3 6<1) s INSTRUCTIONS TO RECEIVER INSTRUCTIONS TO SENDER: I. KEEP WHITE COPY, 2. SEND YELLOW AND PINK COPIES INTACT. I WHITE REPLY. 2. KEEP PINK COPY, RETURN COPY TO SENDER. ,-.-~ 1h8 S B •ght' · ~~~ ea r1 , .. ~-•L-~ c o m p a n y ·--4322 Sea Bright Place• Carlsbad, CA 92008 • Telephone/FAX 760-720-0098 SUBJECT DWG fl:: 4 3 ~ ·-6 A REPLY DATE -----------------------SIGNED ________________ _ INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVER: I. KEEP WHITE COPY. 2. SEND YELLOW AND PINK COPIES INTACT. I. WHITE REPLY. 2. KEEP PINK COPY, RETURN COPY TO SENDER. Orde ber:NCS-658965-SD Page ber:1 1 ~MP.: lt1 ~ First American Title Insurance Company National Commercial Services June 22, 2020 Robert C. Ladwig Ladwig Design Group, Inc P.O. Box 2258 Carlsbad, CA 92018 Phone: (760)438-3182 Fax: (760)438-0173 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 4380 La Jolla Village Drive, Suite 110 san Diego, CA 92122 4276 Adams Street Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 lslavik@firstam.com Blackburn Trust / Detrich Trust 4276 Adams Street, 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 Polldes of Trtle 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 exduded 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 dause. When the Amount of Insurance is less than that set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the 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 exduslons 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. ··~ ,,. :1 ., ___ !) JUL S ." 2~2J First American Title Insurance Company crry o= ...... "R' cc,.. -• ' \.-IT\ ,._-._J._,1r.'-J ":.J I ,-.- • -r ..... ,.._ _,,,,. "'·-·-·" Orde~ber:Ncs-658965-SD Page~ber:2 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 affecti119 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 Insurance Company ,,,..... Dated as of June 16, 2020 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined Orde~ber:NCS-658965-SD Page~ber:3 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: ROBERT E. DETRICH AND MICHELLE A. DETRICH, TRUSTEES OF THE ROBERT E. DETRICH AND MICHELLE A. DETRICH TRUST AGREEMENT DATED NOVEMBER 29, 2005, AS TO AN UNDIVIDED 1/2 INTEREST AND ROBERTS. BLACKBURN AND E. ELAINE BLACKBURN, TRUSTEES OF THE ROBERTS. AND E. ELAINE BLACKBURN 1994 TRUST DATED SEPTEMBER 6, 1994, AND ANY AMENDMENTS THERETO, AS TO AN UNDIVIDIED 1/2 INTEREST The estate or interest in the land hereinafter described or referred to covered by this Report is: 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 2020-2021, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded July 13, 2015 as Instrument No. 2015-0366849 of Official Records. 4. The terms and provisions contained in the document entitled "Hold Harmless Agreement Panhandle Lots" recorded October 20, 2016 as Instrument No. 2016-0567106 of Official Records. 5. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded October 20, 2016 as Instrument No. 2016-0567107 of Official Records. 6. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded October 20, 2016 as Instrument No. 2016-0567108 of Official Records. First American Title Insurance Company ,..... Order-'""""1ber:NCS-658965-SD Page~ber:4 7. The terms and provisions contained in the document entitled "City of carlsbad Neighborhood Improvement Agreement" recorded October 31, 2016 as Instrument No. 2016-0587738 of Official Records. 8. The terms and provisions contained in the document entitled "Declaration of Easements and Covenants " recorded December 2, 2016 as Instrument No. 2016-0662254 of Official Records. 9. The terms and provisions contained in the document entitled "Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Shared Driveway'' recorded December 2, 2016 as Instrument No. 2016-0662255 of Official Records. 10. An easement shown or dedicated on the Map as referred to in the legal description For: a covenant for private sewers and storm drains and incidental purposes. First American Title Insurance Company INFORMATIONAL NOTES Orcle~ber:NCS-658965-SD Page ~ber:5 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 1. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: $1,312.43, PAID Second Installment: $1,342.43, PAID Tax Rate Area: 09000 APN: 206-150-27-00 2. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: $620.14, PAID Second Installment: $620.14, PAID Tax Rate Area: 09000 APN: 206-150-28-00 3. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: $620.14, PAID Second Installment: $620.14, PAID Tax Rate Area: 09000 APN: 206-150-29-00 4. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: $643.25, PAID Second Installment: $643.25, PAID Tax Rate Area: 09000 APN: 206-150-30-00 5. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 6. This preliminary report/commitment was prepared based upori an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 7. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated First American Title Insurance Company ,-Orde~ber:NCS-658965-SD Page~ber:6 transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other infonnation which the Company may require. B. WITH RESPECT TO A CAUFORNIA UMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN UMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A UMITED UABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, 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) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration {LLC-5) to be recorded in the public records; 4. 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, such document or instrument must 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 documents 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. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. First American Title Insurance Company Order~ber:Ncs-658965-SD Page~ber:7 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. wm-t RESPECT TO INDMDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAL DESCRIPTION Order~ber:NCS-658965-SD Page.....Jiber:8 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCELS 1 THROUGH 4, INCLUSIVE, OF PARCEL MAP NO. 21413, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ALEO IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 2, 2016 AS ALE NO. 2016-7000508. APN: 206-150-27-00 through 206-150-30-00 First American Title Insurance Company ..... Order ~r:NCS-658965-SD Page Number:9 . The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - 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 parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. 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, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information 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 parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic 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 casualty insurers, 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. First American Title Insurance Company Order~ber:NCS-658965-SD Page--"'iber: 10 Cl TA/ALTA HOMEOWNER'$ POUCY OF TITLE INSURANCE (02-o3-10) 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) buHdlng; (d) Improvements on the Land; (b) zoning; (e) land division; and ( c) land use; (f) environmental protection. This Exduslon 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 Exdusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exduslon 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 Exduslon 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. UMITATIONS ON COVERED RISKS Your Insurance for the following Covered Rlsks 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 Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) our Maximum Dollar Umit of UabHjty $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POUCY (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 indudes 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 exdusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exdusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears In the public records on the Polley 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 First American ntle Insurance Company (b) In streets, alleys, or waterways that touch your land This exduslon does not Hmlt the access coverage In Item 5 of Covered Title Risks. 2006 ALTA LO.AN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE Order ~ber:Ncs-658965-SD Page"'-"'1ber:11 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 (induding 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 Exdusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters a. created, suffered, assumed, or agreed to by the Insured Oaimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Oaimant; 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 Oaimant 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 daim, 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 TIiie 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 Exdusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions 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: First American Title Insurance Company -Order ~ber:NCS-658965-SD Page~ber:12 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 daims 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. 2006 ALTA OWNER'S POUCY (06-17-o&) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded 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 Exdusion l{a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters a. created, suffered, assumed, or agreed to by the Insured Oaimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Oaimant and not disdosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Oaimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or Omit 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 Oaimant 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 daim, 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 Exdusion 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 C.Overage policy wiU also include the following Exceptions from C.Overage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the C.Ompany will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company Order~ber:NCS-658965-SD Page'-'l'llber:13 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 daims 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 daims 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 daims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title ID water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any Hen or right ID a Hen for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (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: 1. a. Any law, ordinance, permit, or governmental regulation {induding 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 Exdusion l{a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13{c), 13{d), 14 or 16. b. Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13{c), 13{d), 14 or 16. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters a. created, suffered, assumed, or agreed to by the Insured Caimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured aaimant and not disclosed in writing to the Company by the Insured aaimant prior to the elate the Insured aaimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Oaimant; 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 aaimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll{b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exdusion 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 Insurance Company i }f:=~;lV_t' -•\:--1/--.L.:_--7 ~ -,).L _ ~ ~,,,. .,-\ O I \ ..l~__./" .,., ,, __ } \.. 1/ ;>.:. ~ L._ ___ ::t:-_ --L ---· . ~ ---·, =--=--•7--<> -;;;;,OOH ' ~ 4 J.JJ1fllJ,S -L, ---• fe_OISJ.!_Xl _ _j,_ ~< --•----' a ·A---, -..c \ ; I __ ,_.:i,_ . \ ~-!:.._._-----, y--r I .~ o / o / ~~• I i-:;i / '1 -;:. , -~ , 's; I ;: ,\-/·if ,---, -._ \ \ \ ' i, I ·---~-=--= !! 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