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HomeMy WebLinkAboutCDP 2021-0053; GILBERT RESIDENCE; Coastal Development Permit (CDP).,, ____________ __, ________________ ....., _____________ _ Ccityor 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 ~ Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor 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 D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Pe;mits CDP-2.ou-0053 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: I (STREET ADDRESS) NAME OF PROJECT: Gil ~r-r 't!-?5f'cil);t u:.t' BRIEF DESCRIPTION OF PROJECT: PROJECTVALUE Jt rJ..<o ·,(.t'-;./l_ (SITE IMPROVEMENTS) -1..J 1 / J . I y FOR CITY USE ONLY Development No. D£_y 202\ -1)1)~ P-1 ESTIMATED COMPLETION DATE Lead Case No. cDp~ 202..1-00s) Paae 1 of 6 RP.VisP.d 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): (PLEASE; PRINT) MAILING ADDRESS i "" '/ .,p \ ? ' /lJ/ . : 'v ~i) 7 I rJ t.' C(J vo/V-✓-/ CITY, STATE, ZIP: -=/_;--_;a· -✓-,-5-·f;-+-l,;-'-ut<-'---l--'-c--= . ....:cfo;,___;:;~l....:..t,_f.:....t'_?'_. - TELEPHONE: f).5b., 1,'f7· 1/lt7( EMAIL ADDREss: K A.'f-tvt.3 ,'/ b«+: ti l/-(t qr;11,1., '/ 'J v; ~tyi 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 FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR P OSES O THI .PPLICATION. APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE .ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE tJA DATE -APPLICANT NAME INDIVIDUAL NAME (if applicable): (PLEASE PRINT) COMPANY NAME (if applicable): Cdrtkiu-tJ "' '1hzJit'k MAILING ADDREss: 21tt/: :ftirtu J py ~ 7 c1TY. sTATE, z1P: CarL( b.1-t?( C'ir 1i~t1 t'· /'!:Jft TELEPHONE: 11//) • vs 1-rvr' EMAIL ADDREss: ca.1'c ti11.e.r'' u r'P lt.i·LedPe Ley '47r'rl 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.. - SIGNATURE DATEh /I 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 RECOR DON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE N AND Bl DAN SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 SEP 3 0 2021 CITY OF CP.f<LS.3/\D p !_J\!\!i✓ li\i G O hJ I S 1 C \; DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 Ccityor Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. IMlllliltf AiljiJir~~ ili~iiiltki~~?l·~ii~~~ ffi(iffi::iE.i( pf9yig~q pijli::lWC < < . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . .. . . . . ... . . . . . . . . . . . . ...... ·· .... . 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 04,[f~~l(k f reelt>f Corp/Part ___ \ _____ _ Title h;V't:lll/i ft-,vf: Title _____ \-\'------- Address ..l1ht~JIL(.,c; PY: Address _____ \_,._ ____ _ CwBW. c~ trioo~ 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.) Person KA(ev, @j{b,«-~ Corp/Part __ \ _____ _ f 91 fl,11" Title \ t-11!' I r ,' 0 ,,·co Address ____ \....,,, ____ _ c,rl~btJcl) GPr 'i.7oOB Title Address Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST N )r 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 ProfitfTrust________ Non Profit/Trust __________ _ Title ___________ _ Title _____________ _ Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~ .. hJt<Jd-av,UluV~ sigatureofowner/date Signature of applicant/date / , Print or type name of owner Cut iulk (Hp kt Print or type name of applican 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 Ccityof Carlsbad PROJECT DESCRIPTION P-1{8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: -------~-' l_fu_r_f_f¥_11_~Ui1_< _u ______ _ APPLICANT NAME: _ __.Ca""""""--"< ..;_;_,,_.,-'--'~£..:...:M-=---.,OIZ.,.~--=-"--==~=-11--,,~t ,/.-J.M.i..:~:;__ti..<..;.,....L.~~'---- 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: v~, ~'I-. kltAU t 1v~~ fZ t1'~ i I.,( YI (N h/)({e, -1-j M IIJ.& U· ~Wfttt,,,f~ f'' I f, r,µ,t,i;'? P-1(8) Page 1 of 1 SEP 3 0 2021 CITY OF Ct1~)t>8.AO PLAl\11\l I \\JG 0, '; , ~) \fJ1' I Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 'f / ?i) f 2.I (To be completed by City) Application Number(s): we 1(t}1,, (.., 60t°' .3 General Information 1. Name of project: {;2/ i / h~/ f f\ t) t'dt11ia,., 2. Nameofdeveloperorprojectsponsor: kpfv;t,f\ Gilbtvf. t.Vnt-f-1 3. 4. 5. Address: '1~11 ·r/12 r,~u, bV~ ~· I //, . J ,,,-A q ·1,f)_I? ::/ City, State, Zip Code: '--· tlV.?iJ II.#\ (/ _l_ J/v l' IJ Phone Number: ?!Sf .it.f~-¥11( Name of person to be contacted concerning this project: __ C,,=,,,---=· =-=tl=--~·_(-=--'/)_£t_.fl_·Lt-=--,.-=p-~~-R~k'-l-f-· __ Address: -').:-/ <j if 0a,[J,ti.5 Pr: City, State, Zip Code: ____._C""""A:..::..o:"-'-r___,-/-=--fi-{J._/~_· _ ___;C:::....L.-/+_1-'-'i,c_· l.'--1fJ--=-f-------- Phone Number: --11Hf;...,:p_._b,.._1/_.,_;jtf:;___c· g''--✓-..!--7.,_y (=--------------- Address of Project: :2, :r I r, 'i, r ICC? bu Assessor's Parcel Number: ----'''-"s--'~e1.---r----,,,.~'-',.:L,_·_,_,_,-_t__._+ _____________ _ 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: C1a,rt-tii tk:v ft r"t-iu· f 6. Existing General Plan Land Use Designation: _______________ _ 7. 8. 9. Existing zoning district: __ ....,___-_,ai __________________ _ /' Existing land use(s): ------""---L----'--'------------------- Proposed use of site (Project for which this form is filed): __ ,£/_ .. J...f_f:....~-=----------- Project Description ff 10. Site size: __ _ , 1, 1.1_1 11. Proposed Building square footage: -~·~-2=--1_,__,,~=--1_.__ .... 2~f------------- 12: Number of floors of construction: __ ..::..''J.-_________________ _ 13. ~ Amount of off-street parking provided: __________________ _ 14. Associated projects: ___ .__N.:,_s_/5 ___________________ _ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: I fl f½ k/ -~ uu /1,7 i1>lrl/,,(,f :;L- V i I 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ tvk 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: A P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 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. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 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. 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, 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: Yes ~ □ □ 12 □ i2r □ [27 □ ~ □ g1 □ ~ □ ~- □ 129 □ (21 □ ILS) □ ~- 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: __ , l_/1-+--=-/1; __ / __ I I P-1(0) Signature: For: Page 4 of 4 Ci~k~- l<" ~ {§i / bt,;et~d~7tfoH q C cityof Carlsbad v MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.ca rlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ ⇒ ⇒ ⇒ New,,f)psidential Square Footage: 11 ~ 1 _ 4--_ 1,(J_, ~ ,.1 , · , tf-1 , '1,.~it ·r Square feet X $ L1° 't t'i/_ /sq. ft.= $ __ :/_'"_.,_1 ___ )// __ Residential Addition Square Footage:/; '- ______ square feet x $ NP-t /sq. ft.=$ ________ _ Any G,arage Square Footage: . [ lJ ft square feet x $ '7& /f't /sq. ft.= $_~t_4-1-1_J_lf_r_l_~--- 1 Residential Conversion Square Footage: ______ square feet x $ Jj,. /sq. ft. = $ _________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ 'COST OF DEVELOPMENT ESTIMATE:$ 4-5' tJl) f {' 1t-- B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estim~D 2. A Coastal Development Permit ($60,000 or more cost estimate)p C. Street address of proposed development t ~ 51 ,fi't7 r 'ca Av c C::U hitM 1tMt7 f P-6 Page 1 of 7 Revised 08/19 D. Assessor's Parcel Number of proposed development lf~ ~ }S"f -(}f E. Development Description: , Briefly describe project: '{)tWlO ti.l'1.j /7l{4'! hPi,,t- 't~l ¼ 1 o/)O 2f jtlnt::P%l {~fl f d?d<f r,t✓ti /-f-/1t(;V · '1 ~ 1 J f . @r1 uv4l ffr .. , u~~ir) F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that s11rrn11 nd the proposed development to the: North: OviV~Ay {iJ.},U!jA-Ct/4,-r., rtt t-MI-/A.-vJ South: Vl/UJ.l 5 East: l,J. O IA )I, West: hou,:v G. Is project located within a 100-year flood plain? D Yes ~;?No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please desc~i~e. ;~¥ 5f '6 yl,6 #k ·t j avli.;Jb }((Yes 0No B. Will any existing structure be removed/demolished? W es D No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if aRplicable (also show or plans). ?ef1.lpti t <-d-@o 'f t t"' ku 11 ll: t jtlYX_jv . Ill. LOT COVERAGE -'11' . ~ 0 I ;· •• ,,._ •L P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) I '/ '[ /, : I'.; ,\ •• V v. _ 7; I 5 { ~\ ~ ;'.( ' ') ·1 \,< ;/'t. C Existing '1 i~ .(r1,.. sq. ft. 11 S ~ sq. ft. ...,. , I "" _..!.:__'1-_·.>_sq. ft. __ ()_ sq. ft. lL/0 j],1 Page 2 of 7 •f ~J 0 'LI . 1"d·,:. Proposed 1J .O! It 1. sq. tt. ,, . .:j i..,' Total ,J, t). '/ , . . sq. ft. ;//l'l~ ~:!2111 sq.ft. i 1;1~ sq. ft. 4-. I ,r ~// ✓P. v sq. ft. t it~ sq. ft. t4 ./ t sq. ft. ~O __ sq.ft. ---0 Revised 08/19 % % % % P-6 B. Parking: Number of existing spaces C. Number of new spaces proposed tr ?fV't/'J Existing/Proposed TOTAL: i Number of total spaces required __ • .;_i, _____ _ Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? D Yes #__11:S] No • ff OYes#_JZ1 No Grade Alteration: ~ Is any grading proposed? Yes □No If yes, please complete the following: (~m1Jl ) 1. Amount of cut \ 2. Amount of fill C fl,,trU, \ 3. Maximum height of fill slope NA I 4. Maximum height of cut slope NA I 5. Amount of import or export 1,erP \J,/ 6. Location of borrow or disposal site ~ a1 1vl ~ife,-._., Page 3 of? cu . yds. cu. yds. feet feet cu. yds. Revised 08/19 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CL IMA TE ACTION PLAN CONSISTENCY CHECKLIST P-30 {'City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances.· • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 REC Fi, · '.·~ SEP 3 0 20 21 CITY Or CA,~ •. i"' D PLAf\JN li\J(-, LJI' ·~' '' \) Revised 02/20 City of Carlsbad Climate Action Plan 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 the 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 ana lysis 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. 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 MTC02e/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 MTC02e/year screening threshold. If "Ve~', 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 i!l 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 Action Plan 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. -• --• -• ·-. -·--.. ---• -~· -----. . -------• . -~ • ~ -- Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: ' ' --. . ~ ContactEmail: t· 1.·. ,1 J_ . CAf'f tfl~{!Cdrpv£Y1<-1AIPPl.f,y, tirw Contact information of person completing this checklist (if different than above): W ~ 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 valuatiDn;'~~at7'60-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV}(s t/ f I I / 8' .J, 1 ~ \ D Alterations: ~ BPV ~ $60,000 D BPV ~ $60,000 D Electrical service panel upgrade □ BPV ~ $200,000 D New construction D Alterations: P-30 -......., ___ .. .,,.., lA lA and 4A 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 Action Plan Consistency Checklist □ 8PV ~ $200,000 or additions~ 18,5 1,000 square feet □ 8PV ~ $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area □ ~ 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. Residential addition or alteration 2: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements -~ Before 1978 Select one: I ~Duct sealing □ Attic insulation □ 1978 and later Select one: □ Cool roof □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. D Nonresidential* new construction or alterations 2: $200,000 building permit valuation, or additions 2: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.1.** □ On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators AS.213.1 □ Steel framing P-30 Page 4 of 7 □ N/A ________ _ □ Exception: Home energy score 2: 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package □ N/A _________ _ □ N/A □ N/A □ N/A □ N/A □ N/A ________ _ □ N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A * Includes 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. -t ---r • --• -• •-• ~• ---•---•--•-•-----~-.'I...--.--~_,....,_-., --..---' -• ,-,~--,.. ,_ --• -•--,-, --~ -~ -----· J A. ~'. Residential new constru~ion (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for ., requirements. Note: if project includes installation of an electri~ heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* Exception sheets if necessary) \ I .,,... ,--p! 1-11; ·1 I ~,14.1 N i YL,t,, ~ _. t I l {(;i,•..:...~ f I .f v> □ I 4 ~ V ! Total System Size: ·t,l 4-1 kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. □ □ □ kWdc ~} ~ B. D Nonresidential new construction or alterations 2:$1,000,000 BPV and affecting 2:75% existing floor area, or addition that increases roof area by 2:2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: Min. System Size: ___ kWdc □ If< 10,000s.f. Enter: 5 kWdc □If~ 10,000s.f. calculate: 15 l<Wdc x (GFA/10,000) ,.., ,.*Round building size factor to nearest tenth, and round system size to nearest whole number. □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 of 7 /.?77 + /,IS:::. 1 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Check li st •-• --•~,~~ ---,••'Z'<,.-..,..~ ,......rso-1-•""7-,,"'' -,-., -r •~•------.-.--, '~ --• --..-, -•••, _,.......,.., . ...,. • -r-• - -• -·--~ ---· ' ' -' ---t - Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: b Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) \[21'Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise L:'::,,, resi dential 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 □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: D For systems serving multiple dwelling units, install a central water-heating system with al l 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. D 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 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: D Recovered energy --------~ ----,,... --. .. . -' --------~ --. -------- -. ---... -------------- A. ·-~ Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when com letin this section. One and two-family residential dwelling or townhouse with attached garage: )tone EVSE ready parking space required D Exception : -D Multi family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I Calculations: Tota l 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.") P-30 Page 6 of 7 I I Installed Total Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist , t.. .g ~ '-t *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation 2'. $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~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 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. B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee AOT Total If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No D LOE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 02/20 C c icyof Carlsbad STORM WATER STANDARDS QUESTION NA~~ E-34G~/ __ / Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carl sbadca.gov 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 per.mits). --Tbe results of the questionnaire determine _!be-level-0f, storm water standards that must be applied to a proposed develop~! or redevelopment project. De~-ending on the )"') outcome, your project will either be subject (o 'STANDARD PROJECT' requirements or be subject to 'PRIORITY;, DEVELOPMENT PROJECT' (PDP) requirement,s. ) __ / Your responses to the questionnaire represent an~s-sllienf ;f the proposed project conditions and impacts. City staff has responsibility for making the final assessment after subm ission 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. ADDRESS: APN : The project is (check one): D New Development Redevelopment The total proposed disturbed area is: -1;q /J r ft2 ( a{)'( ) acres The total proposed newly created and/or replaced impervious area is: 1ff f ft2 ( ,,'/, ) acres 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: ProjectlD ______ ~_A _________ _ 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 02/1 6 ,. To determine if your project is a "development project", please answer the following question: YES Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building D or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? NO 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): 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: 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; 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 uidance? 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? YES NO □ ~ □ ~ □ ~ 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 with the USEPA Green Street guidance): E-34 Page 2 of 4 REV 04/17 To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.{1 )): 1. Is your project a new development that creates \_1 0,000 square feet or more of impervious surfaces collectively over the entire project site? This inciudes COJrlmercial, 'ridustrial, residential, mixed-use, and ublic develo ment ro ·ects on ublic or rivate land. ---~ ; 5 tvlfvl/\ 2. Is your project a redevelopment project creating and/oyreplacin'§ "'5,000 square feet or more of impervious surface collectively over the entire project site(oo__~~ting site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public develo ment 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 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 develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 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 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 street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc cles, 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 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 ro ·ect to the ESA i.e. not commin led with flows from ad·acent 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 automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) 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 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic AD of 100 or more vehicles er da . 10. Is your project a new or redevelopment project that resu lts in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 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%? (CMG 21.203.040 YES NO □ I~ □ ;)1 □ /1& □ ~ □ ~- □ □ □ □ 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 statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information. E-34 Page 3 of 4 REV 04/17 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 amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) =_~q_··._7_7~{ _______ sq . ft. D Total proposed newly created or replaced impervious area (B) = 10 lf f sq. ft. Percent impervious area created or replaced (B/A)*100 = _ ... ____ ....... , _· _% f.tJ f im f'" tl/Ytd-r)1V ~ □ 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 complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check th e check the first box statin "M ro·ect is a PDP ... "and corn lefe a plicant information. D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must repare a Storm Water--6□alitrMa-nag_~ment Pla'A (SWQMP) for submittal at time of application. My project is ~ANDARD ~J OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater req'trirer.r.i.er:its-ef-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 requ ire 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 Title : N Mi ft~f • Applicant Name: -~a~~_Yp~/~1_U __ P-_-='-~-Y~- Applicant Signature:_4,w=-"6'-:........,;.~ ... L...L-3<.....::.......J· ... P'"'--'~'--'.......:::------1--Date: j /JI /1,J ------. ....... 1--+-' ~--------- • 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 (1 994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (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 wh ich have been identified by the City. Th ' B ~ c· U O I IS ox or ,tv se nrv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 Ccityof Carlsbad Project Name: Project ID: DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov Complete the Table 1 -Site Design Requirement to document existing and proposed site features and the BMPs to be implemented for them. All BMPs must be implemented where applicable and feasible. Applicability is generally assumed if a feature exists or is proposed. BMPs must be implemented for site design features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. 1. Check the boxes below for each existing feature on 1. Select the BMPs to be implemented for each identified feature. Explain the site. why any BMP not selected is infeasible in the area below. SD-G SD-H Conserve natural Provide buffers around waterbodies features N □ Natural waterbodies □ 0 N □ Natural stora e reservoirs & draina e corridors D □ Natural areas, soils, & ve etation incl. trees □ fl--=-------------------------------------B. BMPs for Common Impervious Outdoor Site Features (see Fact Sheet BL-2) 1. Check the boxes below for each proposed feature. 2. Select the BMPs to be implemented for each proposed feature. If neither BMP SD-B nor SD-I is selected for a feature, explain why both BMPs are infeasible in the area below. SD-B SD-I Minimize size of Direct runoff to pervious Construct surfaces from impervious areas .• areas ermeable materials □ Streets and roads N~ □ □ □ Check this box to confirm □ Sidewalks & walkways ,if.I □ □ that all impervious areas on the site will be minimized □ Parking areas & lots "" □ □ where feasible. [91 riveways 1K-1~k If this box is not checked, [Jl Patios, decks, & courtyards ,~-□ identify the surfaces that cannot be minimized in area □ Hardcourt recreation areas //'pl' □ □ below, and explain why it is □ Other: □ □ infeasible to do so. C. rBMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP (see Fact If no BMPs are selected, explain why they are infeasible in the area below. SD-B D SD-C Direct runoff t o ervious areas Install reen roofs E-36 Page 1 of 3 Sheet BL-3) D SD-E Install rain barrels Revised 09121 , D. )j[ BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below \tSD-K Sustainable Landscaping (see Fact Sheet BL-4) If SD-K is not selected, explain why it is infeasible in the area below. Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully): All development projects must complete Table 2 -Source Control Requirement to identify applicable requ irements for documenting pollutant-generating sources/ features and source control BMPs. BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partiall y or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. A. Management of Storm Water Discharges 1. Identify all proposed outdoor work areas below □ Check here if none are proposed □ Materi e □ Loadi □ Fuelin □ Maintenanc □ Vehicle & E D Other: 2. Which BMPs will be used to prevent materials from contacting rainfall or runoff? (See Fact Sheet BL-5) Select all feasible BMPs for each work area SC-A SC-B sc-c Overhead Separation Wind covering flows from protection adjacent areas □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 3. Where will runoff from the work area be routed? {See Fact Sheet Bl-6) Select one or more option for each work area SC-D SC-E Other Sanitary sewer □ □ □ □ □ □ □ Containment system □ □ □ □ □ □ □ □ □ □ □ □ □ B. Management of Storm Water Discharges (see Fact Sheet BL-7) Select one o tion for each feature below: • Storm drain inlets and catch basins ... • Interior work surfaces, floor drains & sumps ... • Drain lines (e.g. air conditioning, boiler, etc.) ... • Fire sprinkler test water ... ~it are not proposed □ will be labeled with stenciling or signage to discoura e dum in SC-F ~~· are not proposed .,,. -.. □ will not discharge directly or indirectly to the MS4 or receiving waters ~ are not proposed □ will not discharge directly or indirectly to the MS4 or receiving waters ~ □ are not proposed ~: will not discharge directly or indirectly to th e MS4 or receivin waters Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully): E-36 Page 2 of 3 Revised 09/21 This E-36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I understand and acknowledge that the revi ew of th is form by City staff is confined to a review and does not relieve me as the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for ro·ect desi n. Date: Print re arer name: E-36 Page 3 of 3 Revised 09/21 Recording Requested by & When recorded mail this deed to: Stewart 500 North Broadway 9th Floor St. Louis, MO 63102 Mail tax statements to: Karen Elise Gilbert 2351 Pio Pico Drive Carlsbad, CA 92008 GRANT DEED Order No.: 1600596904 APN: 156-351-04-00 The undersigned grantors declare that: Ill This Lransfer is exempt from the documentary transfer tax. □ The documentary transfer tax is $ 0 · 0 0 and is computed on: □ the full value of the interest or property conveyed. CJ the full value less the liens or encumbrances remaining thereon at the time of sale. The property is located in u an unincorporated area rx The city of Carlsbad "THIS IS A BONAFIDE GIFT AND THE GRANTOR RECEIVED NOTHING IN RETURN, R & T 11911'' For a valuable consideration, receipt of which is hereby acknowledged, KAREN ELISE GJLBERT, an unmarried woman, who acquired title as a married woman, as her sole and separate propetty hereby grant(s) to KAREN ELYSE GILBERT, an unmarried woman the following real property in the County of San Diego and State of California: SEE COMPLETE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" Property Address: 2351 Pio Pico Drive, Carlsbad, CA 92008 SEP 3 0 2021 CITY Or C::Af~i~SE11\U p~_fa.!\] !\\; \\<: !J ! \ I! C: j r::, • EXHIBIT A SITUATED IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS, TO-WIT: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7, NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 603.37 FEET TO A POINT; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 92.00 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 195.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 193.00 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO JOSEPH C. GAUS, ET UX, BY DEED RECORDED APRIL 4, 1946 IN BOOK 2088, PAGE 416 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG SAID PROLONGATION A DISTANCE OF 90.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID GAUS' LAND; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID GAUS' LAND TO A LINE WHICH BEARS NORTH 89 DEGREES 58 MINUTES 00 SECONDS EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 58 MINUTES 00 SECONDS WEST TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN UNDIVIDED ONE-HALF INTEREST TN AND TO THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTJCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MAR KING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY UNE OF SAID TRACT 7, NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 695.37 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 195.51 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST A DISTANCE OF 192.00 FEET, MORE OR LESS, TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE LAND CONVEYED TO JOSEPH C. GAUS, ET UX, BY DEED RECORDED APRIL 4, 1946 IN BOOK 2088. PAGE 416 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID PROLONGATION AND ALONG SAID NORTH LINE OF SAID GAUS' LAND A DISTANCE OF 472.00 FEET TO A POINT ON THE WESTERLY LINE OF OLIVE DRIVE; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST ALONG THE WESTERLY LINE OF OLIVE DRIVE A DISTANCE OF 16.80 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO CLYDE B. ELMER, ET UX, BY DEED RECORDED IN BOOK 1901, PAGE 301 Of OFFICIAL RECORDS, THENCE SOUTH 89 DEGREES 55 MINUTES 45 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID ELMER'S LAND A DISTANCE OF 472.00 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST A DISTANCE OF 16.87 FEET. MORE OR LESS, TO THE TRUE POINT OF BEGINNING. BEING THAT PARCEL OF LAND CONVEYED OR ASSlGNED TO KAREN ELISE GILBERT. A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY FROM OWNER OF RECORD BY DATED 05/23/2014 AND • RECORDED 06/30/2014 IN DEED INSTRUMENT 2014-0272413 OF THE SAN DIEGO COUNTY, CALIFORNIA PUBLIC REGISTRY. PARCEL NO. 156-351-04-00 Chicago Title Insurance Company POLICY NO.: CA-FASD-IMP-72420-1-14-00234087 HOMEOWNER'S POLIC-Y OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued by Chicago Title Insurance Company OWNER'S INFORMATION SHEET our Title Insurance Policy is a legal contract between You and Us. Ilt applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the and described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family sidence, or if each insured named in Schedule A is not a Natural Person. contact Us immediately. '· he Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on age 4 of the Policy. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions On Page 7 • Exclusions on page 12 • Conditions on page 13. ou should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by s meone else after You transfer Your Title. I YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 13 T e premium for this Policy is paid once. No additional premium is owed for the Policy. T is sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy e. plains in detail Your rights and obligations and Our rights and obligations. Since the Policy-and not this sheet-is the le al document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If You have any questions about Your Policy, contact: Chicago Title Insurance Company, P.O. Box 45023, Jacksonville, FL 32232-5023 SEP 3 0 2021 72 10 c1-,-y Oi: ~:t PLA1\J i\ll NC~ U:, Page 2 of 17 AI TA Homeowner's Polic of Title Insurance 02-03-10 Co yrlght American Land Title Association. All rights reserved. The use of this Form Is restricted to AL TA licensees and ALT A me bers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tltl Association. .1,,1rl\_!C.\/l 1 \NH/ lltt OrderNo.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-l-U-00234087 HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued By Chicago Title Insurance Company OWNER'S COVERAGE STATEMENT COVERED RISKS TABLE OF CONTENTS OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS EXCLUSIONS 'ONDITIONS l. Definitions 2. Continuation of Coverage 3. How to Make a Claim 4. Our Choices When We Learn ofa Claim 5. Handling a Claim or Legal Action 6. Limitation of Our Liability 7. Transfer of Your Rights to Us 8. This Policy is the Entire Contract 9. Increased Policy Amount 10. Severability 11. Arbitration 12. Choice of Law CHEDULEA Policy Number. Premium. Date and Time, and Amount Deductible Amounts and Maximum Dollar Limits of Liability Street Address of the Land l. Name of Insured 2. Interest in Land Covered 3. Description of the Land CHEDULE B -EXCEPTIONS PAGE 4 4 7 12 13 13 13 14 14 15 15 16 16 16 16 16 8 10 Page 3 of 17 LTA Homeowner's Polic of Title Insurance 02-03-10 opyrlght American Land Title AHoclatlon. All rights 1'8aerved. The use of this Form Is restricted to AL TA licensees and ALT A mbers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land le Association. ~ '-1 [KU'A:4 ,:1r.1," 111/f Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued By Chicago Title Insurance Company s soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the ddress shown in Section J of the Conditions. OWNER'S COVERAGE STATEMENT is Policy insures You against actual loss. including any costs, attorneys' fees and expenses provided under this Policy. The oss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved esidential lot on which there is located a one-to-four family residence and only when each insured named in Schedule A is a atural Person. our insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered isks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the olicy Date. our insurance is limited by all of the following: • The Policy Amount • For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A • The Exceptions in Schedule 8 • Our Duty To Defend Against Legal Actions • The Exclusions on page 12 • The Conditions on page 13 COVERED RISKS T e Covered Risks are: 2. 3. 4. 5. 6. Someone else owns W1 interest in Your Title. Someone else has rights affecting Your Title because of leases, contracts. or options. Someone else claims to have rights affecting Your Title because of forgery or impersonation. Someone else has an easement on the Land. Someone else has a right to limit Your use of the Land. Your Title is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney. Page 4 of 17 fA Homeowner's Polic of Title Insurance 02-03-10 Co yrlght American Land Title Association. All right. reaerved, The use of this Form is restricted to ALTA licensees and ALTA me bers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~1{RICMl I \NII nrn \HO! !•ll•hJ Tit Association. Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-t-14-00234087 e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records. f A detective judicial or administrative proceeding. 7. Any of Covered Risks l through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment, state or federal tax lien; d. charge by a homeowner's or condominium association; or e. lien, occurring before or atler the Policy Date, for labor and material furnished before the Policy Date. Someone else has an encumbrance on Your Title. 0. Someone else claims to have rights affecting Your Title because of fraud, duress. incompetency or incapacity. 1. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 2. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant. condition or restriction is excepted in Schedule B. However. You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. 3. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. I . An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. 1 . Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or 10 Page 5 of 17 TA Homeowner's Polic of Title Insurance 02-03-10 C pyrlght American Land Title Anoc:latlon. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA mbe111 In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tit e Association. ~MfR.11':\/"1 1,,Nii r·i·,-it ·,.\()fl-.fh1N Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 8. You are forced to remove or remedy Your existing structures, or any part of them-other than boundary walls or fences-because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 9. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 0. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the Land. You are forced to remove Your existing structures which encroach onto an easement or over a building set-back line, even if the easement or building set-back line is excepted in Schedule B. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even if the easement is excepted in Schedule B. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, or national origin. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. Your neighbor builds any structures after the Policy Date-other than boundary walls or fences-which encroach onto the Land. 2 Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 3 Someone else owns an interest in Your Title because a court order invalidates a prior transfor of the title under federal bankruptcy, state insolvency, or similar creditors' rights laws. 3 The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 7 10 Page6ofl7 A TA Homeowner's Polic of Title Insurance (02-03-IO C pyrlght American Land Title Association. All rights l'Herved. The use of this Form is restricted to AL TA licensees and ALTA m mbers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land T' e Association. •\.'-\fl{\t'.\N IM~r> llllf ,,v111~111,-. Order No.: 00234087-99S-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is ot excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that efense. e will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from overage in this Policy. e can end Our duty to defend Your Title under Section 4 of the Conditions. THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B. N WITNESS WHEREOF, Chicago Title Insurance Company has caused this policy to be signed and sealed by its duly uthorized officers. hicago Title Insurance Company ountersigned: y: {J 1£(d! /.7-;yx,t,.,;----. Authorized Signature 72 10 Page 7 of 17 A TA Homeowner's Polic of Title Insurance 02-03-10 yrlght American Land Title Aaaoclatlon. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA m bera In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Ti Aasoclatlon. AM_flt\l:.~N l.\t-.:n TtrH der No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued By Chicago Title Insurance Company SCHEDULE A ur name and address is: Ticor Title Company of California 2878 Camino Del Rio South, Suite 500 San Diego, CA 92108 olicy No.: CA-FASD-IMP-72420-1-14-00234087 olicy Amount: $620,000.00 Order No. 00234087-995-CCI Premium: $1,718.00 olicy Date and Time: June 30, 2014 at 04:59 P.M. eductible Amounts and Maximum Dollar Limits of Liability or Covered Risk 16, 18, 19 and 21 : overed Risk 16: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or Our Maximum Dollar Limit of Liability $10,000.00 overed Risk 18: 'overed Risk 19: overed Risk 21 : $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2.500.00 (whichever is less) trcet Address of the Land: 2351 Pio Pico Drive, City of Carlsbad, California Name of Insured: Karen Elise Gilbert, a married woman as her sole and separate property Your interest in the Land covered by this Policy is: Fee Estate 3. The Land referred to in this Policy is described as: See Exhibit A attached hereto and made a part hereof. $25,000.00 $25,000.00 $5000.00 Page 8 of 17 LTA Homcowner's Poli of Title Insurance 02-03-10 C pyrlght Amwtcan Land Title Aaaoclatlon. All rights reserved. The use of this Fonn Is restricted to AL TA licensees and ALT A mbers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land T e Association. "-"I.I' 1.~ll_'..\/'J LINH .fl!H >',O("l•ll<l°" •.•-~·:: . . ; -. ,,. ... Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 EXHIBIT A LEGAL DESCRIPTION HE LAND REFERRED TO HEREIN BELOW JS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF ALIFORNfA, AND IS DESCRIBED AS FOLLOWS: hat portion of Tract 7 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, according to ap thereof No. 1719, filed in the Office of the County Recorder of San Diego County, more particularly described as ollows: ommencing at a concrete monument marking the Southwest comer of said Tract 7; thence along the Westerly line of said ract 7, North 00°02'00' West a distance of 603.37 foet to a point; thence North 00°02'00" West a distance of 92.00 feet; ence North 89°58'00" East a distance of 195.51 feet to the True Point of Beginning; thence North 00°02'00' West a distance f 193.00 feet, more or Jess, to an intersection with the Westerly prolongation of the Northerly line of the land described in eed to Joseph C. Gaus, et ux, by Deed recorded April 4, 1946 in Book 2088, Page 416 of Official Records; thence Easterly long said prolongation a distance of 90.00 feet, more or less, to the Northwest comer of said Gaus' land; thence Southerly Jong the Westerly line of said Gaus' land to a line which bears North 89°58'00" East from the True Point of Beginning; t ence South 89°58'00 West to the True Point of Beginning. n undivided one-half interest in and to that portion of Tract 7 of Laguna Mesa Tract, in the City of Carlsbad, County of San iego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego ounty, more particularly described as follows: ommencing at a concrete monument marking the Southwest comer of said Tract 7; thence along the Westerly line of said act 7, North 00°02'00" West a distance of 695.37 feet; thence North 89°58'00" East a distance of 195.5 l feet; thence North 0 °02'00" West a distance of 192.00 feet, more or Jess, to the Westerly prolongation of the Northerly line of the land c nveyed to Joseph C. Gaus, et ux, by Deed recorded April 4, 1946 in Book 2088, Page 416 of Official Records, said point ing the True Point of Beginning; thence Easterly along said prolongation and along said North line of said Gaus' land a d stance of 472.00 feet to a point on the Westerly line of Olive Drive; thence North 00°02'00" West along the Westerly line o · Olive Drive a distance of 16.80 feet, more or less, to the Northeast corner of the land conveyed to Clyde 8. Elmer, et ux, b Deed recorded in Book 1901, Page 301 of Official Records, thence South 89°55'45" West along the Northerly line of said E mer's land a distance of 472.00 feet to an intersection with a line which bears North 00°02'00" West from the True Point of 8 ginning; thence South 00°02'00" East a distance of 16.87 feet, more or less, to the True Point of Beginning. A N: 156-351-04-00, 156-351-05-00 Page 9 of 17 A TA Homeowner's Poli of Title Insurance 02-03-10 Co yrlght Arn.rlcan Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA me bers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Titl Association. ~."-_ltlUC.\,'l I ,NIJ IIJU rder No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued By Chicago Title Insurance Company SCHEDULED EXCEPTIONS n addition to the Exclusions. You are not insured against loss. costs, attorneys' fees, and expenses resulting from: 410 Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. The lien of supplemental or escaped assessments of property taxes. if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. Water rights, claims or title to water, whether or not disclosed by the public records. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: South Coast Land Company pipeline March 21, 1929 Book 1601 Page 263, of Deeds said land more particularly described therein The exact location and extent of said easement is not disclosed of record. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities March 17, 1947 Book 2369 Page 109, Of Official Records said land more particularly described therein Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities October 20, 1965 190712, Of Official Records said land more particularly described therein Page 10ofl7 ,TA Homeo'Mler's Polic of Title InsurW1ce 02-03-10) opyrlght American Land Tltle Anocl1tlon. All rights res1rved. The use ofthis Form is restricted to AL TA licensees and AL TA embers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land tie Auoclation. ,'l,",1[RICAN 1.,P.(i:;·-,·1!·1~ •\Hll"l•Jlr,., Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 SCHEDULED (Continued) Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities June 6, 1966 92990, Of Official Records said land more particularly described therein Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recording Date: Recording No: Affects: Thelma A. Kelley, et al. road and utilities April 21, 1969 68438, Of Official Records said land more particularly described therein Said easement has been granted and/or reserved in various instruments of record. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: $496,000.00 June 26, 2014 Karen Elise Gilbert, a married woman as her sole and separate property First American Title Insurance Company Beneficiary: Lender: Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for lender EverBank, A Federal Savings Association Loan No.: 1382002170 Recording Date: June 30, 2014 Recording No.: 2014-0272414, of Official Records END OF SCHEDULE B Page ll of 17 A TA Homeowner's Polic ofTitle Insurance 02-03-10 C pyrlght American Land Title Aaaoclatlon. All right• re11rved. The use of this Form is restricted to Al TA licensees and Al TA m mbers in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land T Association. /IMfR\1'.\N ,,,N·1; 1·1ri ~ ,Htlr ,~11••'< Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs. attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: 5 6 a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and 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. 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. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 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. Failure to pay value for Your Title. 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 transfor 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. 72 JO Page 12 of 17 A TA Homeowner·s Polic of Title Insurance 02-03-10 Co yrtghtAmertcan Land Title Aaaoclatlon. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA me bera in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Ti Association. .~~~_R\t:~N HNI) 1!Tlf- H\f!t.lHHl"'1 Order No.: 00234087-995-CCl Policy No.: CA-FASD-IMP-72420-1-14-00234087 I. DEFINITIONS HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Issued By Chicago Title Insurance Company CONDITIONS a. Easement -the right of someone else to use the Land for a special purpose. b. Estate Planning Entity -A legal entity or Trust established by a Natural Person for estate planning. c. Known -things about which You have actual knowledge. The words "Know" and •·Knowing" have the same meaning as Known. d. yng -the land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property. e. Mortgage -a mortgage, deed of trust, trust deed or other security instrument. f. Natural Person -a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the trustee is not a human being. g. Policv Date-the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Poli<..-y Date is the date and time the instrument is recorded. h. Public Records -records that give constructive notice of matters affecting Your Title, according to the state statutes where the Land is located. i. Title-the ownership of Your interest in the Land, as shown in Schedule A. j. IM!-a living trust established by a Natural Person for estate planning. k. We/Our/Us -Chicago Title Insurance Company. I. You/Your-the insw-ed named in Schedule A and also those identified in Section 2.b. of these Conditions. 2 CONTINUATION OF COVERAGE a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else. b. This Policy also insures: (I) anyone who inherits Your Title because of Your death; (2) Your spouse who receives Your Title because of dissolution of Your marriage: (3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the Policy Date; (4) the beneficiaries of Your Trust upon Your death; or (5) anyone who receives Your Title by a transfer effective on Your death as authorized by law. c. We may assert against the insureds identified in Section 2.b. any rights and defenses that We have against 11ny previous insured under this Policy. 3. HOWTOMAKEACLAIM a. Prompt Notice Of Your Claim (I) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing. Page 13 of 17 A TA Homeowner's Poli of Title Insurance 02-03-10 Co yrlght American Land Tltle Anoclatlon. All rights 1'8served. The use of this Form Is restricted to AL TA licensees and ALTA me ber& In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tit A11oclatlon. A"1[R.ICMJ l,\NI} Hllf- ·•'~OI HIION Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 (2) Send Your notice to Chicago Title Insurance Company, Attention: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Please include the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy, if available. (3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or defend You. b. Proof Of Your Loss (1) We may require You to give Us a written statement signed by You describing Your loss which includes: (a) the basis of Your claim; ( b) the Covered Risks which resulted in Your loss; ( c) the dollar amount of Your loss; and (d) the method You used to compute the amount of Your loss. (2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may make copies of these papers. ( 3) We may require You to answer questions about Your claim under oath. ( 4) If you fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. OUR CHOICES WHEN WE LEARN OF A CLAIM a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following: ( 1) Pay the claim; (2) Negotiate a settlement; (3) Bring or defend a legal action related to the claim; (4) Pay You the amount required by this Policy; (5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk. and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; ( 6) End the coverage described in Covered Risk 16, 18, 19 or 21 by paying You the amount of Your insurance then in force for the particular Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (7) End all coverage of this Policy by paying You the Policy Amount then in force, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (8) Take other appropriate action. b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend, any legal action. c. Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up any rights. 5. HANDLING A CLAIM OR LEGAL ACTION a. You must cooperate with Us in handling any claim or legal action and give Us all relevant infonnation. b. If You fail or retuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance. 72 IO Page 14 of 17 A TA Homeowner's Polic of Title Insurance 02-03-10 right American Land Tltle Aaaoclatlon. All rights reaerved. The use of this Form is restricted to ALTA licensees and ALTA bers In goad standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Association. IMFllli.'..\N 1.,.r,,:n·1·i·11t •I\Ol •111\''< Order No.: 00234087-995-CCI Policy No.: CA-FASD-IMP-72420-1-14-00234087 d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not have to pay Your claim until the legal action is finally decided. e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other approp1iate action under this Policy. By doing so. We do not give up any rights. LIMITATION OF OUR LIABILITY a. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of: ( I) Your actual loss; (2) Our Ma"<imum Dollar Limit of Liability then in force for the particular Covered Risk. for claims covered only under Covered Risk 16, 18, 19or2l;or (3) the Policy Amount then in force. and any costs, attorneys' fees and expenses that We are obligated to pay under this Policy. b. If We pursue Our rights under Sections 4.a.(3) and 5.e. of these Conditions and are unsuccessful in establishing the Title, as insured: (l) the Policy Amount then in force will be increased by 10% of the Policy Amount shown in Schedule A, and (2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it is settled and paid. c. (l) If We remove the cause of the claim with reasonable diligence after receiving notice of it. all Our obligations for the claim end, including any obligation for loss You had while We were removing the cause of the claim. (2) Regardless of6.c.(I) above, if You cannot use the Land because ofa claim covered by this Policy: (a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the earlier of: (i) the cause of the claim is removed; or (ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18. 19 or 21, that payment is the amount of Your insurance then in force for the particular Covered Risk. (b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that personal property for up to twenty-five (25) miles from the Land, and repair of any dwnage to that personal property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal property before You relocate it. d. All payments We make under this Policy reduce the Policy Amount then in force except for costs, attorneys' fees and expenses. All payments We make for claims which are covered only under Covered Risk 16, 18. 19 or 21 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees and expenses. e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any coverage against the Mortgage, then: (I) We have the right to pay any amount due You under this Policy to the owner of the Mortgage. and any amount paid shall be treated as a payment to You under this Polky, including under Section 4.a. of these Conditions: (2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force; and (3) If Your claim is covered only under Covered Risk I 6, 18, l 9 or 21, any amount paid to the owner of the Mortgage shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk. f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the value ofthut right. 7. TRANSFER OF YOUR RIGHTS TO US Page 15 of 17 A TA Homeowner's Polic of Title Insurance 02-03-10 Co yrtght Amert can Land Tttt. Aaaoclatlon. All rlghta reHrved. The use of this Form is restricted to AL TA licensees and ALT A bers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Association. ,\MfW.1(;.-,N IA"-IJ run Order No.: 00234087-995-CCl Policy No.: CA-FASD-IMP-72420-1-14-00234087 a. When We settle Your claim. We have all the rights and remedies You have against any person or property relatl.-d to the claim. You must not do anything to affect these rights and remedies. When We ask, You must execute documents to evidence the transfer to Us of these rights and remedies. You must let Us use Your name in enforcing these rights and remedies. b. We will not be liable to You if We do not pursue these rights and remedies or if We do not recover any amount that might be recoverable. c. We will pay any money We collect from enforcing these rights and remedies in the following order: (1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights and remedies: (2) to You for Your loss that You have not already collected; (3) to Us for any money We paid out under this Policy on account of Your claim; and (4) to You whatever is left. d. If You have rights and remedies under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to recover all or part of Your loss, then We have all of those rights and remedies, even if those l.-ontracts provide that those obligated have all of Your rights and remedies under this Policy. THIS POLICY rs THE ENTIRE CONTRACT is Policy, with any endorsements, is the entire contral-1 between You and Us. To determine the meaning ofany part of this Policy, ou must read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim ou make against Us must be made under this Policy and is subject to its terms. INCREASED POLICY AMOUNT he Policy Amount then in force will increase by ten percent ( I 0%) of the Policy Amount shown in Schedule A each year for the rst five years following the Polk;-Date shown in Schedule A, up to one hundred fifty percent ( 150%) of the Polk.-y Amount s own in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A. l . SEVERABILITY I any part of this Policy is held to be legally unenforceable. both You and We can still enforce the rest of this Policy. I . ARBITRATION a. Ifpennitted in the state where the Land is located, You or We may demand arl>itration. b. The law used in the arbitration is the law of the state where the Land is located. c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). You can get a copy of the Rules from Us. d. Except as provided in the Rules, You cannot join or consolidate Your claim or controversy with claims or controversies of other persons. e. The arbitration shall be binding on both You and Us. The arl>itration shall decide any matter in dispute between You and Us. f. The arbitration award may be entered as a judgment in the proper court. CHOICE OF LAW e law of the state where the Land is located shall apply to this policy. 72 IO Page 16 of 17 A TA Homeowner's Polic of Title Insurance 02-03-10 Co yrtghtArnerican Land Thie Auoclatlon. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA me bers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land TIU Auoclatlon. -'Ml'~!C:\N 1.,;,,,:n flJlf Order No.: 00~34087-995-CCl Policy No.: CA-l<'ASD-IMP-72420-1-14-00234087 ~- ~' ~-'O (/, ~I; u :1; fli' -II 8 .. ~It ,n .I~ l'llli Ill• '<-: lia II CB ij'~ ~ : : ra: .. ,_.. tr, •~' ..,,1. ~\ \ l I I l t -+·· I l i I I I i ! ' i l i I I a: Cl Cll l,J (%'. 3 .... CL <( I::! Pagel7ofl7 A TA Homeowner's Polic of Title Insurance 02-03-IO C pyrlght American Land Title Aasocletlon. All rights reserved. The use of this Fonn Is restricted to AL TA licensees and AL TA mbers In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Association. ,A~l~-~-l<_::'._~l t-lfl!U l!_T_tf .~1\0( Hl\O>i