HomeMy WebLinkAboutCDP 2022-0071; EWING ADU; Coastal Development Permit (CDP)• ,;-0:•,
,l_cityof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
D ,e v ,e CO t:Hm~ rrii Se n1 Jee s
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES}
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) Development Permits
~oastal Development Permit
0 Conditional Use Permit
~inor rr)9?f\l1-007\ D General Plan Amendment
D Minor D Extension
D Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit
D HIiiside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Pennit D Minor
0 Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
OMinor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance 0 Minor
f---------j
f--------,
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
D Amendment
D Zone _Code Amendment
South carl§bad Coastal Review Area
Permits
D Review Pennit
D Administrative D Minor D Major
Village Review Area Permits
D Review Pennit
D Administrative D Minor O Major
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-339-2600 TO MAKE AN
APPOINThlENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
'Lo?. '2.°80 ·O"Z..
Eu.l IIJ <Sr /',, P v
PROJECT VALUE t2..
(SITE IMPROVEMENTS) -11, 2aJ \c,00
FOR CITY USE ONLY
Development No. QE\/2012-OL18
P-1
~ME DAY APPOINTMENTS ARE NOT AVAILABLE
(STREET ADDRESS)
ESTIMATED COMPLETION DATE ~1¼11-2.c) 2-:,
Lead Case No. CDVZ.02.'1-• 0011
,rage 1 of 6 Revised 3/22
OWNERHAIE tl'l.t.l.Sir Jl'f<IHlJ Aff'UCANT NAME !PLD'.s.EPAIITT,
lNOtVIOO,U NAME /N!}l\f!IJUAL NAMf
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I CffiTtf'1 THAT I Mio 11-<f lEGltl O'AfiE!! ~D TH.\T All THE "'60VE I CERtlFI' TW,.T i A/,1 TI-!iE lECl\l 1!EPRESIEffi'AllVE OF THE O'MIER
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l<NO.\tEOGE. I CfR TIFV A5 lEGA1 ~ETC THAT THE lll'Pt.lCNfl AS SET f"ORTH ~EIN-IS MV' A'J'lllQffllEO FtEP!tt;SE'NfAfM I'~ lt!E ef:.ST Of MW KNOl'll.EOOc
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MA!UNG AODRESS. \ 1..\-(\..u> ~--= ...
CITY. STATE, ZIP. ~)',.) 01GA?:Q f6 C/.w:z.,,Q
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fMA/\..A(l(;J,-fSS. ~l--l!:,l~Jd.ct\L~C--1' ® m,r IAI\LL-. """"-'
I CERT~ 'IWIT 1AM TilE'. REPRES9tfATIVE OF Tl£J\PPLIC/IKTFOR
PURPQ!j;~S or THIS APPL.µliON ANO Tl"-T AU. Tlll, ABOYE
llil'ORMAlK.'N tS TRI.IE Mil CQftRECT TO lHi,: 86ST o~ ~
'""'"""' \~ J \ 0, I-,,.\ • ~ 1-~~. Z,'7,
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IN THE PROCESS OF RE\r'IEWIHG THIS APl'U-CATION IT MAY BE KECESSARY fOR MEMBERS Of CITY STAFf, PI.AJ,/NING
COWIIISSIONERS OR CfTY COUNCIL MEM'8ER5 TO INSPECT AND ENTER THE PROPERTY THAT IS 1"E SIJSJECT Of THIS
APPLICATION. WE. CONSENT TO ENlltV FOR lHJS PUR<'OSE.
NOTIC£ OF RESTRlCT10N; PROPERTY O'hNER ACKNOIM.EDGES AND CONSIWTS TO A NOTICE OF RESTRICTION BEING
RECORD£O ON TtE TITLE TO HIS, PROPERTY )f CONDITIONED f-OR Tffl: APf't.lCA."fT. NOTIC5 Of R~STRI-CTIONS RUN \'\HH
THE LAND ANO IHNOffl'f SUCCESSORS 1N 1NTEREST.
a,.. 7-
FROPERTYCWNER SIGNATURE
FOR CITY USE. CNL Y
uu: ~ 2 1011
DA'JE STMIP-APP'LtCATJON RECEIVED
( City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
DEC ~ 2 2022
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person A1en Ewing Corp/Part ___________ _
Title ___________ _ Title --------------
Address 4904 Park Drlva Car1sbad, CA 92008 Address, ___________ _
2. OWNER (Not the owner's agent)
P-1(A)
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 Aren Ewing Corp/Part~-----------
Title ___________ _ Title _____________ _
Address -----------
4904 Part; Drive Carlsbad, CA 92008 Address, ____________ _
Page 1 of2 Revised 3/22
✓
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust ·--------Non Profit/Trust ----------
Title __________ _ Ti tie ____________ _
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 0 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.
Signature of owner/date Signature of applicanUdate
Aran Ewing Aren Ewing
Print or type name of owner Print or type name of applicant
Signature of own ent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2of2 Revised 3122
( City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: fLAlll'-\Gi Avu
APPLICANT NAME, Aa.oJ Ew, tJ Gi
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carJsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
P-1(B) Page 1 of1 Revised 3/22
Project 8.u \t,, )(:1 "'. D • I.)
Date I 'b !)e,e, , 2--0 2. 2
&-6£,,, 2-o Z.'2.. -~?l?,lo
Date Filed:
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
___________ (To be completed by City)
Application Number(s): __ c.---',;,=R.__,_'2-«>~_'2-_7.._-_'>"--'-1~f>c_(pc.._ ______________ _
General Information
1. Name of project: ~51~-~L"l~\t,.,l=Gl~~'-=· P~.~u~------------------
2. Name of developer or project sponsor: -~,.._~-p._~e.~N__,_~<-,,,-.cu:>=•cc"--'=c,,"----------
Address: "\-<\04 \''<\2-IC-Di2-I\/E.
City, State, Zip Code: CAlL<...-&'b";D CAc C\.a::>6
Phone Number: 4-tS • 9.S 2-• 1,t,. !,(p
3. Name of person to be contacted concerning this project: ~'-t-,t':::\:: .. u,J.UE.."(
City, State, Zip Code: -~""="'~()~1~=="°=~cA=--"-~'-'='-~il ____________ _
Phone Number: --~fGB=L"'l~-e~sL·~i!,£,=~=----------------
Assessor's Parcel Number: ______________________ _
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
"i\1'-lDI'-€ C-1!,A<,·V,<-peiaewe'V\Eµ"T p81<w-vt·
6. Existing General Plan Land Use Designation: __ .!IL=-='-------------
7. Existing zoning district: _ _,_f'._-~l-_,~"'---="c:o~o~----------------
8. Existing land use(s): -~""=·"'~-~P~c_• __________________ _
9. Proposed use of site (Project for which this form is filed): __ S~l=~r.>~(~"-~-~O~-c:'--'~------
Project Description
10. Site size: --•-=£:,"-'--'7c:Ce=c'.J_SG\_-'--'i''--'T--'-r=-----------------
11. Proposed Building square footage: _ __,1_.,oe'o"--"'------------------
12: Number of floors of construction: __ _,-Z.,-_ _________________ _
13. Amount of off-street parking provided: __ ,\-_,_ _______________ _
14. Associated projects: _ _Jl'lc:,_._.LI',_,_. ____________________ _
P-1(0) Page2of4 Revised 3/22
15. If residential, include the number of units and schedule of unit sizes:
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _ _lOs..c-D~-----------------
17. If industrial, indicate type, estimated employment per shift, and loading facilities: t---1. _,A •
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: -b,\ .A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _ _Jb.L.,_tle-, _______________ _
P-1(0) Page 3 of4 Revised 3/22
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 titled 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 ~ □
□ g-'
□ 51'
□ g--
□ rr
□ B'
□ ff
□ 0'
□ lid---
□ ~
□ 0'
□ &'
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:
P-1(□)
Signature: _ __,M,....,==.b1-'-~'-----'"'----=-='--· f--
For:
Page 4 of4 Revised 3122
,y--
(_ City of
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
P-6
Development ServJc'es
Planning Division
1635 Faraday Avenue
{442) 339-2610
www .ca rlsbadca .gov
A proposed project requiring application submittal must be submitted by appointmenr.
Please call 442-339-2600 to make 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 Pennit.
The City Planner shall make the final determination regarding a project's cost of development.
• The primary basis for detennining 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 ln the detennination 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 Residential Square Footage:
______ square feet x $ ___ ~/sq. ft. = $. ________ _
⇒ Residential Addition Square Footage:
~ooe, square feet x $ loo /sq. ft.= $ __ :2.~0~I ,,.1..,,~c,~o~.0~..':~-
⇒ Any Garage Square Footage:
______ square feet x $, ____ /sq. ft.=$ ________ _
⇒ Residential Conversion Square Footage:
______ square feet x $ ____ /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: $ ____ __.2,.,o~I -..,wecCO=-_"° __ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
4:'!o4 {lAj2.\<.. O@.\Vc. ~ CY\ q Z Q::S
Page 1 of7 Revised 3/22
,,
D. Assessor's Parcel Number of proposed development
2.0'). Z.'zl,c,, 02,.
E. Development Description:
Briefly describe project: 2. <,fOi'-'-f A~~eo Pc. o. tJ.
F. Describe the present land uses (i.e. vacant land, single family homes, aparbnents, offices,
etc.) that surround the proposed development to the:
North: "!> 1"-lG\L-e rJ\M\'---'{ r\QME'C>
South:. ___ ,_, _____ ,, _____ ,, _________________ _
East: ___ _:'_' _____ ,, _____ " ________________ _
West:. ____ "-----"----''-'-----------------
G. Is project located within a 100-year flood plain? OYes ~o
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? lY(ves D No
If yes, please describe.
\7 'l,Q ":>6l E:I-S-F.-O .
B. Will any existing structure be removed/demolished? D Yes 0No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
Ill. LOT COVERAGE
P-6
A. Existing and Proposed
Building Coverage
Landscaped Area
Hardscape Area
Unimproved Area (Left Natural)
Existing
\77,\ sq. ft.
___ sq.ft.
___ sq.ft.
_-__ sq.ft.
Page2of7
Proposed
z.'2--2....\ sq. ft.
___ sq.ft.
___ sq.ft.
___ sq.ft.
Total
sq fl (t) "I
sq. fl.
sq. fl.
sq. ft.
Revised 3/22
%
%
%
%
P-6
B. Parking: Number of existing spaces
Number of new spaces proposed ______ _
Existing/Proposed TOTAL:
Number of total spaces required ______ _
Number of covered spaces
Number of uncovered spaces _ __c2.,,,_ ____ _
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
Bves# __ D No
0'Yes# __ D No
C. Grade Alteration:
Is any grading proposed? D Yes
If yes, please complete the following:
1. Amount of cut ___________________ cu. yds.
2. Amount of fill cu. yds.
3. Maximum height of fill slope feet
Maximum height of cut slope ______________ feet 4.
5. Amount of import or export cu. yds.
6. Location of borrow or disposal site ________________ _
Page 3 of7 Revised 3/22
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right~hand corner of plan visible.)
A SITE PLAN -Four 4 co ies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x s ee s . ive (5) copies if landscape
review is required. Each site plan shall contain the following information:
1. GENERAL INFORMATION
~-Name, address, and phone number of registered civil engineer, licensed surveyor,
r-L landscape architect or land planner who prepared the maps/plans.
~b. Location, size and use of all easements.
0c. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
l":"71" location, number and typical dimension of spaces, and wheel stops.
~d. Distance between buildings and/or structures.
G?e. Building setbacks (front, rear and sides).
@f. Location, height and materials of walls and fences.
(iJ'g. Dimensions/location of ground-mounted signs.
µA. -Qh. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No.
CS-347. Show locations for roof mounted and ground mounted systems and include power
(KWdc) of each separate PV system.
Ni A . Bi. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout
EV Charging Stations, EV Ready, EV Capable as required per CMG Title 18.21.120-150.
N.-F\. Bj. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per
Ordinance No. CS-347.
"-' .P--Bk. A summary table of the following (if applicable to the application):
P-6
• 0(1) Street address and assessor's parcel number.
0(2) Site acreage.
0(3) Existing Land Use Designation and Zoning.
0(4) Proposed land use.
0(5) Total building coverage (in square feet and as a percent).
0(6) Percent of site to be landscaped.
0(7) Number of parking spaces required/provided.
0(8) Square Footage of open or recreational space (if applicable).
0(9) Cubic footage of storage space (if applicable).
0(1 O) Climate Action Plan (CAP) Compliance (results from Section I1.D below)
(a) Consistent with existing General Plan Land Use and Zoning -yes/no
i. GHG Study required? -yes/no
(b) Energy Efficiency requirement -yes/no
(c) Photovoltaic requirement -yes/no
i. ___ KW-de roof mounted
ii. ___ ,KW-de ground mounted
iii. ___ KW-de total project
(d) Electric Vehicle Charging requirement yes/no
i. ____ # EV Chargers
ii. ___ _;# EV Ready
iii. ___ _;# EV Capable
(e) Hot Water Heating requirement yes/no
(f) Traffic Demand Management Required yes/no
Page 4 of7 Revised 3/22
N . .fl\., 81. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please
consult the Planning Division and Land Development Engineering Division representatives for
a detem,ination on any grading plan geotechnical requirements if the project is in an overlay
zone. The following information shall be submitted at a minimum:
\.J.. Ps... B 1. Approximate contours at 1 ' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the boundaries
of the site. Extend contours sufficiently out from the site to adequately show the adjacent
floodplain (if applicable).
t--1 A. 82. Earthwork volumes: cut, fill, import and export.
8"3. Spot elevations at the corners of each pad.
0"4. Method of draining each lot. Include a typical cross section taken parallel to the frontage
for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
N./'. IY'l6. Clearly show and label the 100 year flood line for the before and after conditions for any
• project which is within or adjacent to a FEMA flood plain.
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Pemiit and four (4) copies a Single Family Coastal Development Permit prepared
on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
information:
81. Location and size of storage areas.
~-All buildings, structures, wall and/or fences, signs and exterior lights.
GJ1. Existing and proposed construction.
~. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable). IY'l5. Building Heights of all structures (top of roof and top of roof projections)
D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if
applicable. To detemiine if a landscape plan is required, consult Chapter 1-Applicability in the
Landscape Manual.
COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's
responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the
Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do
not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
0A ~.
P-6
A completed Land Use Review Application Forni.
Completed Coastal Development Permit Application.
Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Pemiits and Single Family Coastal
Development Pemiits for any environmental review requirements.
Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project
compliance with the CAP. Applicable measures identified in checklist must be incorporated into
project design features and data incorporated into the Summary Table.
1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a
Transportation Demand Management (TOM) Plan with submittal. Refer to
http://carlsbadca.gov/services/bui1ding/tdm.asp for infomiation, guidelines and templates.
Page 5 of7 Revised 3122
Disclosure Statement.
Two (2) copies of the Prelimina current within the last six 6) mont s .
Completed "Project escription/ExplanationD sheet.
Two copies of a completed and signed ~storm Water Standards QuestionnaireD (form E-34).
This form can be found on the City's website. (Distribute copy to Land Development
Engineering).
If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Proiect
Reguirement Checklist" (form E-36) in accordance w~h the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version.
If, when completing the Storm Water Standards Questionnaire, the project is defined as a
"Priority Development Project," submit a preliminary Storm Water Quality Management Plan
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35).
Property Owner's List and Addressed Labels:
Minor Coastal Development Permit-required with application submittal
P-6
A typewritten list of the names and addresses of all property owners within a 100' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The
list shall include the San Diego County Assessor's parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject
property, all occupants within a 100' radius and the applicable HOAIPOA The list must be typed
in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-
family residence, an apartment, suite or building number must be included on a separate line -DO
NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY.
Sample labels are as follows:
UNACCEPTABLE
Occupant
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Occupant
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
OCCUPANT
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
100' Radius Map: A map to scale not less than 1"=200' showing each lot within 100' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
Page 6 of7 Revised 3/22
Coastal Development Permit -Single-Family Residence/Appealable Area -When the application
is tentatively scheduled to be heard by the decision-making body, the project planner will contact the
applicant and advise him to submit the radius map, two sets of the property owners list and labels.
The applicant shall be required to sign a statement certifying that the information provided
represents the latest equalized assessment rolls from the San Diego County Assessor's Office.
The project will not go forward until this information is received.
1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Occupant Occupant OCCUPANT
123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT3
Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE
Carlsbad, CA 92008 CARLSBAD CA 92008
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Mrs. Jane Smith Mrs. Jane Smith MRS. JANE SMITH
123 Magnolia Ave., Apt. #3 123 Magnolia Ave. APT3
Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE
Carlsbad, CA 92008 CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
P-6 Page7of7 Revised 3/22
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
DEC 2 2 2022
(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 require discretionary review. The specific applicable
requirements outlined in the checklist shall be required as conditions of project approval for CAP
compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is
complementary to the checklist provided in Form B-50, which is specific to building permits and required
for building permit applications.
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 Revised 6/22
/
City of Carlsbad Climate Action .,..1"'1 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 t he CAP screening threshold of 900 metric
tons of CO 2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
I STEPl Land Use Consistency
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If "Yes', proceed to Step 2 ofthe checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designatlon(s) for comparison. GHG emissions must be estimated in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the
Oimate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO2e/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: SO dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,00J square feet
• Retail Store: 11,00J 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 MTCOie/year screening threshold.
If "Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with california Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Olecklist
I
P-30 Page 2 of 7 Revised 06/22
ti
... City of Carlsbad Climate Acti , ,Jlan 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
Addre.ss/APN :
Applicant Name/Co.:
Applicant Address:
Contact Phone: Contact Email:
Contact information of per.son completing this checklist (if different than above):
Name:
Company
name/address:
Contact Phone:
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Ill,/) /'l99°_.Q. Estimated Building Permit Valuation (BPV): $--~--'-'"'-'-+,-~'-~-_._ __ _
Constndlanlp
□ New construction 2A, 3A and 4A
Alterations:
□ BPV < $60,000 N/A All residential alterations
rsY BPV ~ $60,000 lA and 4A 1-2 family dwellings and townhouses with attached
□ Electrical service panel upgrade 4A garages only
Multi-family dwellings only where interior finishes are
□ BPV ~ $200,000 lA and 4A removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
I □ Norvesidential
□ New construction 18, 2B, 3B, 4B and
5
□ Alterations:
P-30 Page 3 of 7 Revised 06/22
I
City of Carlsbad Climate Action .... n Consistency Checklist
□ BPV 2: $200,000 or additions 2: 18,5 1,000 square feet
D BPV 2: $1,000,000 18, 28 and 5 Building alterations of 2: 75% existing gross floor area
□ 2: 2,000 sq. ft. new roof addition 28 and 5 18 also applies if BPV 2: $200,000
CAP Ordinance Compliance
Checldlstltem
Check the appropriate bClces, explain all not applicable and eaptiorl Items, and provide supporting cala,lallons and daaunentadon as
necessary.
1. EneflY Eftldwy
Please refer t Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A.
Year Built _,,
Residential addition or alteration i!: $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Single-family Requirements
hfore1978 Select one:
D IA.let sealing D Attic insulation
D 1978 and later Select one:
□Cool roof
D lighting package D Water heating package
D Between 1978and 1990
□ 1991 and later
B. D Nonresidential• new oonstruction or alterations i!: $200,000 building permit valuation,
or additions 2: 1,000 square feet
See CALGreen Appendix AS, Disa.assion AS.2, as amended In CS-347, Section 3.
AS.203.1.1.1
D Outdoor lighting: .~ Allowed Outdoor lighting Power
AS.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.12.1
Choose one as applicable: D .95 Energy budget □.~Energy budget
AS.2111.0
D On-site renewable energy
AS.211.3°
D Green power (if offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
AS.213.1
D Steel framin
P-30 Page 4 of 7
0 N/A ________ _
D Exception: Home energy score 2 7
(attach certification)
Multi-family Requirements
~nsulation
Select one:
0 Attic insulation D !Net Sea ling □Cool roof
Select one:
D lighting package □ Water heating package
0 N/A _________ _
0 N/A
□ N/A
0 N/A
0 N/A
0 N/A
0 N/A
Revised 06/22
City of Carlsbad Climate Actio. ,Jlan Consistency Checklist
0 N/A
• lndudes hotels/motels and higlHise residential buildings
•• For alterations~ $1,CXXl,CXXl BPV and affecting> 75% existing gross floor area, or alterations that add 2,CXXl square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 califomia Energy Code section 150.l(c) 14 for
requirements. Note: If project includes installation of an electric heat pump water heater pursuant to cartsbad ordinara CS-348, ilcrease system size by
.3kWdc If PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Tota I System Size:
kWdc = (0:Ax.572) / 1,CXXl+ (115 x #du.)
•Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type
If proposed system size is less than cak:ulated size, please explain.
Exception
D
D
D
D
kWdc
B. 0 Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~75% existing floor area, or addition that inaeases roof area by ~,000
square feet. Please refer to carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
0 Gross Floor Area (GFA) Method
GFA:
□ If< 10,000s.f. Enter: S kWdc
Min. System Size: ___ kWdc
0 If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
D Time-Dependent Valuation Method
Annual TDV Energy use:• .. x .80= Min. system size: ____ kWdc
••• Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of7 Revised 06/22
City of Carlsbad Climate Action ,..n Consistency Checklist
3. Water Heatlnl -A. 0 Residential and hotel/motel new construction
Please refer to carlsbad Ordinance CS-347 and CS-348 when completing this section.
D For systems serving individual dwelling units choose one:
D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
D Exception:
D For systems serving multiple dwelling units, install a central water-heating system with all of the following:
D Gas or propane water heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
D Solar water heating system that is either:
□ .20 solar savings fraction
D .15 solar savings fraction, plus drain water heat recovery
D Exception:
B. 0 Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal D Photovoltaics □ Recovered energy
D Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
'. 4. Elec:trfc Vehlde Chafllnl ,,
A. ~esidential New construction and major alterations•
Plea refer to Carlsbad Ordinance CS-349 w hen com letin this section.
One and two-family residential dwelling or townhouse with attached garage:
l:i=t6ne EVSE ready parking space required D Exception :
D Multi-family residential: D Exception •
Total Parking Spaces EVSESpaces
Proposed Capable I Ready
I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces-EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
I
I
Installed Total
P-30 Page 6 of 7 Revised 06/22
.,
.. City of Carlsbad Climate ActiL lan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $Ei0,000 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 SO percent of Required EV Spaces
[ s. D TraalSpClftallan DefMlld ~ITDM)
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,f:IXJ S.F. Total Employee ADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a IDM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle 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 □
LOE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 06/22
I •
C cityof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
DEC ~ 2 2022
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
j INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer
to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water
standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your
project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP)
requirements or not considered a development project. This questionnaire will also determine if the project is subject to
TRASH CAPTURE REQUIREMENTS.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff determines
that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed
by you, this will result in the return of the development application as incomplete. In this case, please make the changes to
the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one completed
and signed questionnaire is required when multiple development applications for the same project are submitted
concurrently
PROJECT INFORMATION
PROJECT NAME: (2,.,\.)(1\J.Ce A.ov APN:
ADDRESS: 49.o4 p~~ Cf-. .
2..u7 . 2..'Bo .o 2.
The project is (check one): D New Development Redevelopment
The total proposed disturbed area is: ~~ ft2 ( ,Ol ) acres
The total proposed newly created and/or replaced impervious area is: ~.,, 1:::-ft2 ( ·OI ) 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:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
This Box for City Use Only
YES NO Date: Project ID:
City Concurrence:
□ □ By:
E-34 Page 1 of 4 REV 08/22
-.
0 0
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question: YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
□ ~
If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project
is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3. b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR □ [if
b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance?
□ [S
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ r1
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, 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):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 08/22
I •
8TBP3
TO ECOIIPleTEDFORALL,_OII IEDIM!LOPIIENTPRDIEC18
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1}}:
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ 0" collectively over the entire project site? This includes commercial, industrial, residential, mixed-use,
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious
surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ g
impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ jg 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 □ ITJ" surface collectively over the entire project site and supports a hillside development project? A hillside
development proiect includes development on anv natural slooe that is twentv-five oercent or areater.
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 □ 0' 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 M 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
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally □ ~ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200
feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ B 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 (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ [9'
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a POP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the
trash capture question.
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): water 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 which have been identified by the City.
E-34 Page3 of 4 REVOS/22
0 0
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
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) = l"o~ sq. ft. ~ □
Total proposed newly created or replaced impervious area (B) = {R ~'; sq. ft.
Percent impervious area created or replaced (B/A)*100 = . 01 %
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, complete the trash capture question.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, complete the
trash capture question.
STEPS
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077):
YES NO
Is the Project within any of the following Priority Land Use (PLU} categories and not exempt from trash
capture requirements per section 4.4.2.2 of the BMP Manual?
R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial}, CF (Community Facilities}, GC (General □ ~
Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor
Commercial}, O (Office), VC/OS (Visitor Commercial/Open Space}, Pl/O (Planned Industrial/Office), or
Public Transportation Station
If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first
box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as
determined in step 3.
If you answered "no", Go to step 6, check the second or third box as determined in step 3. List exemption if applicable
for 'no' answer here:
STEP6
CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION
□ My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE
REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP).
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. I will submit a "Standard Project Requirement Checklist Form E-36". If my
project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality
Management Plan (TCSWQMP) per E-35A.
□ My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
O My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: 'fil!ti2-¥-~'\% ~ "-.\ t---1 e.+ Applicant Title: A 'i C t:h n:az:...t:
Applicant Signature: ~~ ~~~_/\ j Date: \ L -V~·Z7-
E-34 Page 4 of 4 REV 08/22
r
{Cityof
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Project Name: B.>J\tJ6:f /'tr.:. PL>
Project ID:
DWG No. or Building Permit No.: c.~ C2.... 2.0'Z,..l'L -~7~t-.
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
Baseline BMPs for Existing and Proposed Site Features
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.
Table 1 -Site Design Requirement
A. Existing Natural Site Features (see Fact Sheet BL-1)
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
□ Natural waterbodies □ □
□ Natural storage reservoirs & drainage corridors □ -
□ Natural areas soils & vegetation (incl. trees) □ -
B. BMPs for Common Impervious Outdoor Site Features (see Fact Sheet BL-2)
1. Check the boxes below for each 2. Select the BMPs to be implemented for each proposed feature. If neither BMP SD-8 nor
proposed feature. 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 perv1ous Construct surfaces from impervious areas
areas oermeable materials I
□ Streets and roads □/ □ ~ Check this box to confirm
E;;rSidewalks & walkways lld" □ that all impervious areas on
the site will be minimized
□ Parking areas & lots □ □ where feasible.
□ Driveways u □ If this box is not checked,
□ Patios, decks, & courtyards □ □ identify the surfaces that
cannot be minimized in area
□ Hardcourt recreation areas □ □ below, and explain why it is
E-36 Page 1 of4 Revised 02122
• □ Other: ______ _ □ □ ) infeasible to do so.
c. 0' BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP
below.
(see Fact
Sheet BL-3)
If no BMPs are selected, explain why they are infeasible in the·area below.
@SD-8
Direct runoff to pervious areas
o so-e
Install green roofs
O SD-E
Install rain barrels
D. □ BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below
□ SD-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):
Baseline BMPs for Pollutant-generating Sources
All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements 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 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.
Table 2 -Source Control Requirement
A. Management of Storm Water Discharges
1. Identify all proposed outdoor
work areas below
□ Check here if none are proposed
[Y[rash & Refuse Storage
19'Materials & EQuipment Storage
E-36
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
Overhead
covering
□
□
Page 2 of 4
SC-8
Separation
flows from
adjacent
area.?-
SC-C
Wind
protection
□
□
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
Sanitary
sewer
□
□
SC-E
Containment
system
□
□
Revised 02/22
Other
□
□
I
•
□ Loadinn & Un/oadino ,~ □ I □ □ □
□ Fueling ' □ □ □ □ □ □
O Maintenance & Ret:air □ / □ □ □ □
□ Vehicle & Eouicment Cfeanina ., □ □ □ □ □
□ Other: Li □ □ □ □ □
e. Management of Storm Water Discharges {see Fact Sheet BL-7)
Select one on lion for each feature below:
• Storm drain inlets and catch basins ... {IJ-'Sre not proposed D will be labeled with stenciling or signage to
discoura□e dumr in□ ISC-Ft
• Interior work surfaces, floor drains & Ld are not proposed □ will not discharge directly or indirectly to the MS4
sumps ... or receiving waters
• Drain lines (e.g. air conditioning, boiler, lid are not proposed O will not discharge directly or indirectly to the MS4
etc.), ... or receiving waters
• Fire sprinkler test water ... 1B' are not proposed □ will not discharge directly or indirectly to the MS4
or receivinc waters
Provide discussionljusfificaiion for source control BMPs that will not be implemented (either parlially or fully):
E-36 Page 3 of4 Revised 02122
•. < ·:a::_-~:,.
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 review of this 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.
E-36 Page 4 of 4 Revised 02/22
■■NORTH"
.AMERICAN
•TITLE ■■COMPANY
Corcoran Global Living
1980 Festival Plaza Drive, Suite 460
Las Vegas, NV 89135
Attn: Carolyn Kernberger
Your Ref:
Our Order No.:
Property Address:
I Preliminary Report Dated as of June 30, 2021 at 12:00 AM.
711 W. Kimberly Avenue, Suite 200
Placentia, CA 92870
Office Phone: (949)419-9400
Office Fax: (800)464-6282
Email: sgteam@nat.com
92002-21-20706
4904 Park Drive, Carlsbad, CA
92008
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Insurance Company
Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title
Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which
may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or
not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or
Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the
amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered
risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible
amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A Copies of the
Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The form of Policy of title insurance contemplated by this report is:
ALTA Loan Policy
America First Homeowner Policy (ALTA/Cl TA Homeowner's Policy of Tttle Insurance)
Please note that the America First Homeowner's Policy (Cl TA/ ALTA Homeowner's Policy) can only be issued on
transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America
First Homeowner's Policy (Cl TA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet
these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy.
Scott Enda & Greg Woodbury, Title Officer
Prelim 92002-21-20706
SCHEDULE A
1. The estate or interest in the land herein after described or referred to covered by this report is:
A Fee.
2. Title to said estate or interest at the date hereof is vested in:
REN M. EWING and SERAFINA M. KERNBERGER, husband and wife, as community property with
i ht of survivorshi
3. Real Property in the City of Carlsbad, County of San Diego, State of California, described as follows:
See attached Legal Description
Prelim 92002-21-20706
I LEGAL DESCRIPTION I
Real Property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 2 OF CARLSBAD TRACT NO. 71-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. ~FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 31, 1972.
EXCEPTING THEREFROM THAT PORTION OF LOT 2 LYING WESTERLY OF THE EASTERLY LINE OF
RECORD OF SURVEY MAP N0.(5289(AS SHOWN AND DELINEATED ON SHEET 3 OF SAID MAP NO.ffi];I,
ALL OIL, GAS AND OTHER HYDROCARBONS LYING 500 FEET BELOW THE SURFACE OF SAID LAND, BUT
WITHOUT RIGHT OF ENTRY TO REMOVE THE SAME, AS GRANTED TO CARLSBAD BAY PROPERTIES,
LTD A LIMITED PARTNERSHIP. BY DEED RECORDED JUNE 10, 1968 AS FILE NO. fj968-9638jOF OFFICIAL
RECORDS.
APN: 207-280-02-00
Prelim 92002-21-20706
!SCHEDULE Bl
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form
designated on the face page of this report would be as follows:
NOTE: IT IS THE RESPONSIBILITY OF ALL PARTIES INVOLVED TO REVIEW EVERY ITEM
CONTAINED IN THIS PRELIMINARY REPORT, INCLUDING BUT NOT LIMITED TO THE
ITEM(S) HIGHLIGHTED HEREIN FOR YOUR IMMEDIATE ATTENTION TO BE PAID AND/OR
RESOLVED AT OR BEFORE CLOSING, BEFORE A TITLE POLICY IS ISSUED.
1. General and special taxes and assessments for the fiscal year 2021 -2022, a lien not yet due or payable.
2. Taxes for proration purposes only for the fiscal year 2020-2021.
First Installment: $4,220.37 PAID
Second Installment: $4,220.37 PAID
Tax Rate Area: 09000
APN:i207-280-02-00I
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of
the California Revenue and Taxation Code.
4. An easement for Public Utilities and incidental purposes, recorded April 22, 1953 as/in[Book 4830 Page!
216, Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: As shown in said document
Reference is hereby made to the record for further particulars.
5. An easement for Public Utilities and incidental purposes, recorded October 4, 1967 as/in Instrument/File
No.11523951 Official Records.
6.
7.
8.
Prelim
In Favor of: San Diego Gas and Electric Company
Affects: As shown in said document
Reference is hereby made to the record for further particulars.
An ~t for Public Utilities and incidental purposes, recorded December 2, 1968 as/in Instrument/File
No.~ Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: As shown in said document
Reference is hereby made to the record for further particulars.
Covenants, conditions restrictions and easements in the document recorded May 31 , 1972 as/in
Instrument/File No.1137,736I of Official Records, which provide that a violation thereof shall not defeat or
render invalid the lien o any first mortgage or deed of trust made in good faith and for value, but omitting
any covenants or restrictions, if any, including but not limited to those based upon race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, veteran or military status, genetic information,
medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or
federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set
forth in the document.
A financing statement recorded April 6, 2020 as/in Instrument No 2020-0175571 f Official Records.
92002-21-20706
9.
10.
Debtor: Aren M, Ewing
Secured Qaffi'.: MyPoint Credit Union
Any claim by MyPoint Credit Union that any portion of the solar energy system is personal property rather
than a fixture constituting a ~rt of the real perty Land") covered b this i .
A Deed of Tru~to !W,tt~mu,riginal i~debtedness of $590,000.00 recorded December 31 2020 as/in
Instrument No.!'JO~Q:Q~~~of Official Records.
Dated: December 28, 2020
Trustor: Aren M. Ewing and Serafina M. Kembe~r. husband and wife as communi Qro~~ with right
of survivorship
Trustee: BNT Title Company of California __ _
Beneficiary: Mortgage Electronic Registration ~stems Inc., as nominee for
Lender: Finance of America Mortg~e LLC.
Please obtain written verification from the borrower that no forbearance or modification agreement is in
effect.
11. This transaction may be subject to the current FinCEN Geographic Targeting Order issued by the Director
of FinCEN pursuant to 31 U.S.C § 5326(a); 31 C.F.R. § 1010.3760; and Treasury Order 180-01. The
policy issuing agent must be provided with certain information prior to closing pursuant to the GTO. This
transaction will not be insured, and this issuing agent and/or its underwriter will not be involved in the
closing and settlement until this information is reviewed by the issuin a ent and submitted to FinCEN via
the BSA E-Filin through thEI FinCEN e-fild.P.latform
Prefim 92002-21-20706
A NOTICE OF RECORDING PROCEDURE
Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in
ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the
transferee. If this special report is not presented at the time of recording, an additional recording fee of
$20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how
to complete them, and a nonexclusive list of documents that are affected by this change, are available
from the County Recorder's Office or the Office of the County Assessor.
Effective January 1, 2018, CallGovernment Code §27388 ] imposes an additional fee of $75.00 to be
paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law
to record, except those expressly exempted from payment.
B. GOOD FUNDS LAW
Prelim
Under Section 12413.1 of the California Insurance Code, North American Title Company may only make
funds available for disbursement in accordance with the following rules:
Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to
North American Title Company by Cash or Electronic Transfer (Wire). Cash will be accepted only under
special circumstances and upon approval by management.
Next business day availability. If funds are deposited to North American Title Company by cashier's
checks, certified checks or teller's checks, disbursement may be on the next business day following
deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial
institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank).
Second business day availability. If the deposit is made by checks other than those described in
paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to
depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the
second business day following deposit. (For further details, consult California Insurance Code Section
12413, et seq. and Regulation CC).
These are the minimum periods before funds will be made available. North American Title Company is
not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the
right to require additional time before disbursing on deposited funds. Close of escrow and final
disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit
union checks, money market checks, travelers checks and official checks until confirmation of final
clearance of the funds.
North American Title Company will not be responsible for accruals of interest or other charges resulting
from compliance with the disbursement restrictions imposed by state law.
North American Title Company charges for recording the transaction documents include charges for
services performed by North American Title Company, in addition to an estimate of payments to be made
to governmental agencies.
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you
desire to review the terms of the policy, including any arbitration clause that may be included, contact the
office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to
be issued in connection with your transaction.
92002-21-20706
,
C. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title
Company expressly disclaims any liability for loss or damage which may result from reliance on this map
except to the extent coverage for such loss or damage is expressly provided by the terms and provisions
of the title insurance policy, if any, to which this map is attached.
Prelim 92002-21-20706
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
Referring Party: North American Title Company, North American Title Company,
!nc., North American Title Company of Colorado, North American Title, LLC, North
American Title Agency, Inc., or North American Title Company, LLC, as applicable
("NAT")
This is to give notice that NAT has a business relationship with North American Title Insurance Company
("NATIC"). NAT and NATIC, directly or indirectly, are wholly owned subsidiaries of States Title Holding, Inc.
Because of this relationship, this referral of services may provide NAT a financial or other benefit
Set forth below are the estimated charges or range of charges for the settlement services provided by NATIC.
You are NOT required to use NATIC as a condition for closing your transaction.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR
SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST
SERVICES AND THE BEST RATE FOR THESE SERVICES.
Title Insurance Fees
NAT provides closing services and title insurance through numerous title insurance underwriters, one of which is
NATIC. If NATIC is selected as the title insurer, the following fees apply:
10% -40% of costs for lender's and/or owner's title insurance, as applicable, depending on the property
state, and as shown on the Loan Estimate and/or Closing Disclosure provided by your lender.
Contact your local NAT representative for a more detailed title insurance quote based on your specific
transaction.
ACKNOWLEDGMENT
I/we have read this disclosure form, and understand that NAT is referring me/us to purchase the above-described
settlement service and may receive a financial or other benefit as the result of this referral.
Buyer/Borrower: Seller:
Date: ____________ _ Date: ____________ _
Prelim 92002-21-20706
NORTH AMERICAN TITLE COMPANY
711 W. Kimberly Avenue, Suite 200, Placentia, CA 92870
Office Phone: (949)419-9400 Office Fax: (800)464-6282 Email:
Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your tltle order
number and property address.
Attention:
Your Ref:
Our Order No.: 92002-21-20706
LENDERS SUPPLEMENTAL REPORT
Dated as of June 30, 2021 at 12:00 AM.
Title Officer: Scott Enda & Greg Woodbury
The above numbered report {including any supplements or amendments thereto) is hereby modified and/or
supplemented in order to reflect the following additional items relating to the issuance of an American Land Title
Association loan form policy of Title Insurance:
Our ALT A Loan Policy, when issued, will contain Endorsement Nos. 100 and 116.
There is located on said land a Single Family
Known as: 4904 Park Drive, Carlsbad, CA 92008
City of Carlsbad
County of San Diego
State of California.
According to the public records, there has been no conveyance of the land within a period of twenty-four
months prior to the date of this report, except as follows:
None
Prelim 92002-21-20706
Privacy l'olir:, Rev. 03/22/2021
The Doma Fa mil of Com anies
FACTS WHAT DOES THE DOMA FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit
some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal
information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This
information can include:
• Social Security number and income
• Transaction history and payment history
• Purchase history and account balances
All financial companies need to share customers' personal information to run their everyday business. In the section
below, we list the reasons financial companies can share their customers' personal information, the reasons the
Ooma Family of Companies chooses to share, and whether you can limit this sharing.
Reasons we can share your personal mformat1on Does Dom a share-., Can you llm11 this sharmg1
For our everyday business purposes Yes No
Such as to process your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
For our marketing purposes Yes No
To offer our products and services to you
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes Yes No
Information about your transactions and experiences
For our affillates' everyday business purposes No We don't share
Information about your creditworthiness
For our affiliates to market to you No We don't share
For nonaffiliates to market to you No We don't share
Call 1 (650) 419-3827
Other important information
*California Residents -Effective January 1, 2020, the California Consumer Privacy Act allows California residents, upon a verifiable
consumer request, to request that a business that collects consumers' personal information give consumers access, in a portable and (if
technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected
about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information,
and the categories of third parties with which the information was shared. (alifornia residents also have the right to submit a request for
deletion of information under certain circumstances. If a business does not produce the information or delete the consumer's personal
information as requested, it must provide an explanation in terms of the exemptions and exceptions provided under the CCPA. To contact
us with questions about our compliance with the CCPA, call 1 (650) 419-3827 or email info@statestitle.com.
Prelim 92002-21-20706
How does Doma protect my penonal
information?
How does Doma collect my penonal
information?
Why can't I limit all sharing?
To protect your personal information from unauthorized access and use, we use security
measures that comply with federal law. These measures include computer safeguards and
secure files and buildings.
We collect your personal information, for e~ample, when you
• Apply for insurance;
• Apply for financing;
• Give us your contact information
• Provide your mortgage information
• Show your government-issued ID
We also collect your personal information from others, such as credit bureaus, affiliates, or
other companies.
Federal law gives you the right to limit only
• Sharing for affiliates' everyday business purposes -information about your
creditworthiness
• Affiliates from using your information to market to you
• Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
What happens when I limit sharing for an Your choices will apply to everyone on your account-unless you tell us otherwise.
account I hold jointly with someone else?
Affiliates
Non affiliates
Joint marketing
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• Nonaffiliates we share with can include collection agencies, lT service providers,
companies that perform marketing services on our behalf, and consumer
reporting agencies.
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
• Dama doesn't jointly market.
The Dama Family of Companies consists of the following entitles:
Dama Holdings, Inc.
States Title, LLC
States Title Agency, Inc.
Spear Agency Acquisition Inc.
Title Agency Holdco, LLC.
States Settlement Services, Inc.
NASSA LLC
Prelim
North American Title Insurance Company
North American Title Agency, Inc.
North American Title Company, Inc.
North American Title Company
North American Title Company, LLC
North American Asset Development, LLC
North American Services, LLC
North American Title, LLC
North American Title Company of Colorado
92002-21-20706
CLTA Preliminary Report Form -Exhibit A {Rev. 05-06-16)
CL TA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1 {a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii)
the character, dimensions or location of any improvement now or hereafter erected on the land; {iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv}
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the
extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
{a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
{b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate
or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable doing business Jaws of the state in which the land is
situated.
5. Invalidity or unenforceability of the 1Ien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1.
2.
3.
4
5.
6.
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
(a) Unpatented mining claims; (b) reservations or excepbons in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Any lien or right to a lien for services, labor or material not shown by the public records.
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1 Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building:
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.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
Prelim 92002-21-20706
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 limil: the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Tille.
6. lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title lo You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows·
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar limit of liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1% of Policy Amount Shown in Schedule A or $5,000
{whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar
limit of liability
$10,000
$25,000
$25,000
$5.000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
{a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the land;
(Ii) the character, dimensions, or location of any improvement erected on the land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed lo by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy:
(c) resulting in no loss or damage to the Insured Claimant:
(d) attaching or created subsequent lo Date of Po/icy (however, this does not modify or limit the coverage provided under Covered Risk
11, 13,or14):
oc
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the land is situated.
5. Invalidity or unenforceability in whole or in part of the 1Ien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11 (b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage po/icy will also include the following Exceptions from Coverage:
Prelim 92002-21-20706
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part 11,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PARTI
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1 (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land suivey of the Land and not shown by the Public Reco!ds.
5. (a) Unpatented mining claims: (b) reseivations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights,
claims or title to waler, whether or not the matters excepted under (a), {b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for seivices, labor or material not shown by the Public Records. ]
PARTII
In addition to the matters set forth in Part I of this Schedule, the Title is subject lo the following matters, and the Company insures against
loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
{ii) the character, dimensions, or location of any improvement erected on the Land;
{iii) the subdivision of land: or
(iv) environmental protection:
or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk. 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
1 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
2. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant:
(b) not Known to the Company, not recorded in the Public Records at Dale of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c} resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
9and 10):or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tille.
3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Tille as shown in Schedule A, is
{a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
4 Any lien on the Tille for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule
A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in possession of the Land.
3. Easements. liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land suivey of the Land and that are not shown by the Public Records.
5. {a) Unpatented mining claims; {b) reseivations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for seivices, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
Prelim 92002-21-20706
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay !oss or damage, costs, attorneys'
fees or expenses which arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land;
(ii) the character, dimensions, or location of any improvement erected on the land;
(iii) the subdivision of land: or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage pro11ided under Co11ered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage pro11ided under Co11ered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known lo the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting m loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or
limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after
the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.
This Exclusion does not moclffy or limit the coverage provided in Covered Risk 11
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, lo have been constructed before, on or after Date of Policy in accordance with
applicable buildrng codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11 Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Prelim 92002-21-20706
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