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CDP 2022-0033; 3450 GARFIELD ADU; Coastal Development Permit (CDP)
{'city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) pevelopment Permit§ (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) I&] Coastal Development Permit IR] Minor c.Q-Y ,.,"v....,..-O0., D General Plan Amendment □ Condltlonal Use Permit D Minor D Extension □ Day Care (Large) □ Environmental Impact Assessment □ Habitat Management Permit D Minor □ HIiiside Development Permit D Minor 0 Nonconforming Construction Pennit 0 Planned Development Pannit D Min'or 0 Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation 0 Site Development Plan D Special UH Permit 0Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdjyision) D Variance D Minor 0 Local Coastal Program Amendment D Master Plan D Specific Plan 0 Zone Change 0 Amendment D Amendment D Zone Code Amendment South Csrlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor D Major VIiiage Review Area Permits 0 Review Pennlt 0 Administrative D Minor D Major NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-331-2&00 TO MAKE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR C1TY USE ONLY •SAME DAY APPOINTMENTS ARE NOT AVAILABLE 204-240-1100 3540 Garfield Street (STREET ADDRESS) 3540 Garfield ADU Proposed 440 SF detached ADU in backyard of existing residential lot 62,374.40 ESTIMATED COMPLETION DATE Development No. a:v 'lo'/}_· 1)1() 'j LoedCasoNo. C,PP2JJ27 ·0l)s:> p.1 Paoe 1 or6 Revised 3122 • OWNER NAME (PLEASE PRtNT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (If applicable): (if applicable): Kirk Moeller COMPANY NAME Rincon Homes COMPANY NAME ~f applk:able): (lf applicable): Kirk Moeller Architects, Inc. MAILING ADDRESS: 5315 Avenida Encinas Suite 200 MAILING ADDRESS: 2888 Loker Ave E, Suite 220 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 888-357-3553 TELEPHONE: 760-814-8128 EMAIL ADDRESS: cstclair@rinconjilrp.com EMAIL ADDRESS: klrk@kmarchitectsinc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATNE FOR PURPOS.k :THIS APPUCA TION. 5-0·)':l ~ 6-6•&d-;;-:-_ ----. SIGNA,urcc:: J DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): ( ._ ~-., ... -....) -....:...;\.t \ ' ..... MAILING ADDRESS: ~b1'"~f~ c,;f;;~•~ $",:Le atO CllY, STATE, ZIP: TELEPHONE: 4'-\C\ • ~.S-1 • "It JI EMAIL ADDRESS: /'<.+ c..\.= \ I' ,a f' I ,v<C0>,-l 4 't..., .co J-'\ 1 CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION lS TRUE AND CORRECT TO THE BEST OF MY ~OME~ S-b ·,;;!"2 SIGNATIJRE DATE IN THE. PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT JS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRJCTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND Bl ';f SUCCESSORS IN INTEREST. ER SIGNATURE FOR CITY USE ONLY P-1 Pago2of6 JUN O 7 2022 CITY Oc •~ARLSBAi 1 PLANNl1·JG 0\\/ISI"., DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 3/22 • >----------- Catyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note· . . . Pers;,., 1s'defined as·. "Any indMd-\.1al, Jtrm,-_OO•pai:tnershlp, joint' ventuat,. asspciatfon•, Sociafctub. fratSma1i wg~hlzatlon, cor-porat-ioi:,i, ·estate, 1rust receiver, syndicate-, in th I$ .al'ltd· any oth~r" c_olM!f;y, city e.rt.d-c:01;1nty, 1 olty munfcipafity, distrJct ·Or' ott,er.pOlitical ®bdMsion or any other-grol.ip·:rir :OOniliifla_ti?A. actlflg as ~ Uhit." ] .-• ' Agents n'l8Y slgn· thJs document; how~¥Sr, the legal nam& and er'ltlty of_ the 8pp~_~ni. and .pr-Operty own~ must -be pfQVldi,d·belQW: -.. , -_ . . • ' -i 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) )..µ_~ yr. PersonCu.,..e r,.c,) S\ C\c,,i--Corp/Part flQE 6 IAJvdio,$'7eM tl_c_~ :)'J --;, , • ' ~ ..,_O,(.,. Title Y"lh->CIPe.' ·\ Title _ _.V..L'W=A,~v-.-~~------ dress 9,t< Au,:,d-. G,,..c,~ ,;.;~£ Address5)/f /4,,,.,,,d',, ~'.',"1,:--'.PO ,i.,~,._.e. "A-"~ ¢!' Ctinl.,/,..,/2 0'4 -r1110t; NER (Not the owner's agent) . Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non~profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersonA),>1 SJ Lki, {;e,..,,v D,,,,-.1 Corp/Part. ________ _ Title )/c-,',,_,,,/7,,/ ~ Title. ___________ _ Address>3{S'-A.-eNd5 W~J Address __________ _ ¾le 1ro dt/Jwta'PV► ______ _ 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 ProfiVTrust~-------Non Profit/Trust, _________ _ Title ___________ _ Title _____________ _ Address. _________ _ Address __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person{s):. __________ _ NOTE: Attach additional sheets if necessary, I certify that all the above information is true and correct to the best of my knowledge. Signature Print or type name of owner Print or type name of applicant licant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 3/22 Ccityof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: 3540 Garfield ADU APPLICANT NAME: Kirk Moeller, Kirk Moeller Architects, Inc. Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.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 infonnation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Proposed 440 SF one-bedroom detached ADU in rear yard of existing residential lot. Includes new construction of interior and exterior walls/partitions, plumbing, electrical, mechanical, and finishes. The existing residence contains two residential units and an efficiency unit (2,187 SF total). P-1(B) Page 1 of 1 Revised 3-'22 (cityor Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application!!.!'.! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Kirk Moeller, Kirk Moeller Architects, Inc. Address: 2888 Loker Ave E, Suite 220 Carlsbad, CA 92010 Phone Number:_c7..c6.c.0·..c8..c14-'---'8-"12=8'----------- Address of Site: 3540 Garfield Street PROPERTY OWNER Name: Rincon Homes Address; 5315 Avenida Encinas, Ste 200 Carlsbad, CA 92008 Phone Number: 888-357-3553 Local Agency (City and County).: __ ..cCa=rls::b:=•.cd·c.:S::•::.nc:D=i.c•ga:o:...C::.o::u::.n::,ty ____________ _ Assessor's book., page, and parcel number:.__c2cc0_4•..c2'-40:...·_1_10:...0 ______________ _ Specify lis~s):. __________________________ _ Regulatory Identification Number.: ______________________ _ Date of List .. : _____________________________ _ Property OwneignatUre/Date The Hazardous Waste and Substances Sites List {Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. ?-1(C) Page 1 of2 Revised 3/22 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1 _ Name of project: 3540 Garfield ADU 2. Name of developer or project sponsor: _R_i_n_c_o_n_H_o_m_e_s ___________ _ Address: 5315 Avenida Encinas, Suite 200 City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 888-357-3553 3. Kirk Moeller Name of person to be contacted concerning this project: ____________ _ Address: 2888 Loker Ave E, Suite 220 City, state, Zip Code: Carlsbad, CA 92010 Phone Number: 760-814-8128 4_ Address of Project: _3_5_4_0_G_a_rfi_1e_ld_S_t_re_e_t _____________ _ Assessor's Parcel Number: 204-240-11 OO -------------------- 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: Building Permit 6. R-23 Existing General Plan Land Use Designation: _______________ _ 7. Existing zoning district: _R_-_3 ____________________ _ a. Existing land use(s): Residential (single-family) 9. Proposed use of site (Project for which this form is filed): with proposed detached ADU Existing 3 residential units Project Description 10. 11. 12: 13. 14. P-1(□) Site size: Approx. 6054 SF/ .14 ac Proposed Building square footage: _4_4_o_s_F_A_D_U _____________ _ Number of floors of construction: _1 __________________ _ Amount of off-street parking provided: _1__:_(d_r_iv_e_w_a_:_y:...) ____________ _ Associated projects: 3540 Garfield Renovation (CBR2021-3058 Page 2 of 4 Revised 07/10 15. 16. 17. 18. 19. P-1(D) If residential, include the number of units and schedule of unit sizes: Single family house existing to remain (approx. 2264 SF) with proposed 505 SF detached ADU If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: If industrial, indicate type, estimated employment per shift, and loading facilities: If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clear1y why the application is required: ____________________ _ None Page 3 of 4 Revised 07110 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No D IZl D IZl D IZl D IZl D IZl D IZl D IZl D IZl D IZl D IZl D IZl D IZl 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. Signature: --~-"'-· ~--,,-/_·_· --~=-•~----Date: 5-9-22 For: Kirk Moeller P-1(0) Page 4 of4 Revised 07/10 Site Photographs 5-5-2022 View of Site from West (Garfield Street) View of Site from Southwest Corner (Garfield Street) and South neighbor Neighboring property to the North with view of North wall and driveway Neighboring property to the South • I West neighboring properties across Garfield Street May 5, 2022 City of Carlsbad (Planning Department) 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4610 Kirk Moeller Architects, Inc. 2888 Loker Ave. East Suite 220 Carlsbad, California 92010 Phone: 760-814-8128 kirk@kmarchitectsinc.com KIRK MDELLrn ~'ICHITECT; '~C Re: 3540 Garfield ADU responses to EIA information fonm P-1(D) questions 32 and 33. 32. The existing property site has an existing 1-story house containing 2 residential units and an efficiency unit, and landscaped backyard. No significant landscaping, historic, cultural, or scenic aspects to the property. See attached photos. 33. Surrounding properties are all existing 1-2 story single and multi-family residences with backyards and no significant landscaping, historic, cultural significance. Proposed single story ADU will be located in the Southeastern comer of the lot where the fence abuts 2 other yards but will not impact views, noise, etc. Ccityof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (442) 339-2610. Applicant Signature: -~,,-=.,,.,· c_/:::....:==~--~=---------- Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 3/22 {'city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: detached ADU 440 square feet x $ 141.76 /sq. ft. = $ 62,374.40 ⇒ Residential Addition Square Footage: -,--,,----.,,.-squarefeetx$. ___ -/sq.ft.=$. ________ _ ⇒ Any Garage Square Footage: ______ squarefeetx$ ___ -/sq.ft.=$. ________ _ ⇒ Residential Conversion Square Footage: ______ squarefeetx$. ___ -/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:$. ____________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~ detached ADU 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development 3540 Garfield Street P-6 Page 1 of7 Revised 08/19 D. Assessor's Parcel Number of proposed development 204-240-11-00 E. Development Description: Briefly describe project: Detached new ADU in backyard of existing residential lot. 440 SF. F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: single family home South: multi-family homes East: single family home/ lot west: single family homes across Garfield Street G. Is project located within a 100-year flood plain? 0Yes [g)No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? [Kl Yes D No If yes, please describe. 2 residential units+ efficiency unit (one structure-to remain) B. Will any existing structure be removed/demolished? D Yes [Kl No 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) Existi□g 2 187sq. ft. sq. ft. sq. ft. sq. ft. Page 2 of 7 Progosed Total 44Q sq. ft. 2,627 sq. ft. 43.9 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Revised 08/19 % % % % B. Parking: Number of existing spaces 4 driveway P-6 Number of new spaces proposed none new, but 1 driveway will be alotted for ADU Existing/Proposed TOTAL: 4 total (existing) Number of total spaces required 2 exist. 1 ADU Number of covered spaces ___ a.:._ ___ _ Number of uncovered spaces _ _c4,__,,d,,ri.,_ve,,w=aciy __ Number of standard spaces ___ .....:4L-__ _ Number of compact spaces 0 Is tandem parking existing? 0 Yes # __ D No Driveway-see site plan Is tandem parking proposed? D Yes# __ ~ No C. Grade Alteration: Is any grading proposed? D Yes ~ No lf yes, please complete the following: 1. 2. 3. 4. 5. 6. Amount of cut ___________________ ,cu. yds. Amount of fill cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. Location of borrow or disposal site ________________ _ Page 3 of 7 Revised 08/19 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.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permi~ four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. 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 location, number and typical dimension of spaces, and wheel stops. Od. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of ground-mounted signs. Oh. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-34 7. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Di. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21.120-150. O. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Ok. A summary table of the following (~ applicable to the application): 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(10) Climate Action Plan (CAP) Compliance (results from Section 11.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 1. ___ 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 of 7 Revised 08/19 01. 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 determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. 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). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. 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. 06. 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 Permit 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: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. 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 determine 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 DA A completed Land Use Review Application Form. OB. Completed Coastal Development Permit Application. DC. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. OD. 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. P-6 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/building/tdm.asp for information, guidelines and templates. Page 5 of 7 Revised 08/19 Disclosure Statement. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). Completed "Project Description/Explanation" sheet. Two copies of a completed and signed "Storm Water Standards Questionnaire" (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 Pro/ect Requirement Checklist" (form E-36) in accordance with 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 (fem, E-35). Property Owner's List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. 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 (HONPOA). 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 100' radius of the subject property, all occupants within a 100' radius and the applicable HONPOA. 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 3. 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. P-6 Page6of7 Revised 08/19 Coastal pevelopment Permit-Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner wm 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 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 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. Page 7 of7 Revised 08/19 De\oelopment Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {'city of Carlsbad In July 2020, the City of Carlsbad adopted an amended 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 CEOA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of7 Revised 07120 City of Ca rlsbad Climate Acti ilan 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 w ith the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening t hreshold of 900 metric tons of CO2 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. STEP 1 Land Use Consistency Cheddist 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 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If NNo", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If "Yes#, proceed to Step 2 of the checklist. □ □ If HNo", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with california Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 07/20 City of Carlsbad Climate Acti 'Ian Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQU IREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Application Information 3540 Garfield ADU 3540 Garfield Street/ 204-240-11-00 Kirk Moeller/ Kirk Moeller Architects, Inc. 2888 Loker Ave E, Suite 220 Carlsbad, CA 92010 Contact Phone: 760-814-8128 Contact Email: kirk@kmarchitectsinc.com Contact information of person completing this checklist (if different than above): Name: Company name/address: same as above Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ __________ _ Construction Type Complete Section(s) Notes: D Residential □ Alterations: □ BPV ~ $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 □ New construction □ Alterations: P-30 1A 1A and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 07/20 City of Carlsbad Climate Acti i lan Consistency Checklist □ BPV;::: $200,000 or additions;::: 1B, 5 1,000 square feet □ BPV;::: $1,000,000 1B, 2B and 5 Building alterations of;::: 75% existing gross floor area □ ;::: 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV;::: $200,000 CAP Ordinance Compliance Checklist Item Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration i!: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing D Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. D Nonresidential* new construction or alterations i!: $200,000 building permit valuation, or additions i!: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.l Choose one as applicable: D .95 Energy budget D .90 Energy budget AS.211.1.0 D On-site renewable energy AS.211.3° □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalator5 AS.213.l D Steel framing P-30 Page4 of 7 □ N/A _________ _ □ Exception: Home energy score i!: 7 (attach certification) Multi-family Requirements D Attic insulation Select one: □ Attic insulation □ Duct Sealing Select one: □Cool roof □ Lighting package D Water heating package 0 N/A _________ _ 0 N/A 0 N/A □ N/A 0 N/A 0 N/A 0 N/A Revised 07/20 City of Carlsbad Climate Acti >Ian Consistency Checklist 0 N/A • Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. [xi Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID ( use additional CFA #d.u. Calculated kWdc* sheets if necessary) 440 1 1.4 Total System Size: 1.7 kWdc = (CfAx.572) / 1,000 t (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. 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 increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area {GFA) Method GFA: 0 If< 10,000s.f. Enter: 5 kW de 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. 0 Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc 0 * Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5of 7 Revised 07/20 • City of Carlsbad Climate Act i Ian Consistency Checklist 3. Water Heating A. 00 Residential and hotel/ motel new construction Please refer to Cartsbad Ordinance CS-347 and CS-348 when completing this section. Ga For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) 00 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) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s. f. solar collectors D Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics □ Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: 4. Electric Vehicle Charging A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception • Total Parking Spaces EVSESoaces Proposed Caoable Readv Calculations: Total EVSE spaces= .10 xTotal parking (rounded up to nearest whole number) EVSE Installed =Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") Installed I 1 Total P-30 Page 6 of7 Revised 07 /20 • City of Carlsbad Climate Acti '>Ian Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ~ $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) D 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 D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total EmployeeADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement IDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No D LDE Staff Verification: □. _____ (staff initials) P-30 Page 7 of 7 Revised 07120 Ccicyof Carlsbad STORM WATER STANDARD· QUESTIONNAIRE Development Se r vices Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 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 stonn water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff detennines 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. ii!: 'If ,iji,, PROJECT INFORMATION ' PROJECT NAME: 3540 Garfield ADU PROJECT ID: ADDRESS: 3540 Garfield Street APN : 204-240-11-00 The project is (check one): 00 New Development D Redevelopment New ADU on existing res. lot The total proposed disturbed area is: 440 ft2 ( 0.01 ) acres The total proposed newly created and/or replaced impervious area is: 440 ft2 ( Q.Qj ) 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 fonn at the end and submit this with your application to the city. E-34 Page 1 of 4 REV02/16 0 " • ~, • STEP 1 '""41l!', " ❖ TO BE COMPLETED FOR ALL PROJEG1f I Ill 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)? □ IRl If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above auestion, the oroject is a 'development project', go to Step 2. STEP2 '""' . ·I,~· TO BE COMPLETED f OR ALL DEVELOPMENl,.:PllOJJaOtS 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; □ Ix] b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets auidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ Ix] If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, vour project is not exempt from PDP, go to Steo 3. E-34 Page 2of 4 REV 04117 TOB To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and ublic develo ment ro ·ects on public or rivate 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 impervious surface? This includes commercial, industrial, residential, mixed-use, and public develo ment ro ·ects on public or rivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification SIC code 5812 . 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a pari<ing lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the 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 ro ·ect to the ESA i.e. not com min led with flows from ad·acent lands . * 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013 5014, 5541 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic AD of 100 or more vehicles 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 21.203.040 YES NO □ 00 □ □ 00 □ 00 □ 00 □ □ □ 00 □ 00 □ 00 □ [81 If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information. E-34 Page 3of 4 REV 04/17 w :~ h 1\!B&JA:P 4 .. ·~ TO BE COMPLETED FOR REDEVELOPMENT PROJECT$JHAT ARE PRIORlTY DEVELOPt.1ENT PROJECTS (PDP) -ONtY 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) = sq. ft. □ □ Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the fi rst box statina "My project is a PDP ... " and complete applicant information. STEP 5 "~':J;·. . '!ti, "'' * CHE~K THE APPROPRIA~ BQX AND COMPLETE APPLtcANTJNFotWATION 0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. Ix] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Kirk Moeller Applicant Title: Architect Applicant Signature: ~ Date: 5-4-22 .. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red 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. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV04/17 Ccityof Carlsbad Project Name: 3540 Garfield ADU Project ID: DWG No. or Building Permit No.: @ii! "' ,. STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Pt~Jnfonnation , ... Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www .ca rl sbadca .gov *" m "'·-. ~ All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion~ustification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be orovided. ,,, Sour:ce Control Requirement , i~ Applied? SC-1 Prevention of Illicit Discharges into the MS4 Ill Yes □No ON/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes Ill No 0 N/A Discussion/justification if SC-2 not implemented: No proposed or impacted storm drain on site. SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ■Yes ONO ON/A Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 .. ~source c roJ~RMuiremeot (continued) , T irinltt!(I? '· ·11 SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Iii Yes □ No 0 N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ll)Yes □ No □ N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for Quidance). □ On-site storm drain inlets □Yes □No ■ N/A □ Interior floor drains and elevator shaft sump pumps □Yes □No 1!!!1 N/A □ Interior parking garages □Yes 0 No ■ NIA □ Need for future indoor & structural pest control □Yes □No ■ N/A □ Landscape/Outdoor Pesticide Use □ Yes □No 1!!!!1 N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes □No Iii N/A D Food service □Yes ONo 1!!!!1 N/A □ Refuse areas D Yes □No 1!!!1 N/A □ Industrial processes □Yes □No ■NIA □ Outdoor storage of equipment or materials □ Yes □ No Iii N/A □ Vehicle and Equipment Cleaning □Yes □ No ■NIA □ Vehicle/Equipment Repair and Maintenance □Yes 0 No MN/A □ Fuel Dispensing Areas □Yes □No ■NIA □ Loading Docks □Yes □No ■ N/A □ Fire Sprinkler Test Water □Yes □No ■ NIA □ Miscellaneous Drain or Wash Water □Yes □No ■ N/A □ Plazas, sidewalks, and oarkina lots D Yes □No ■ NIA For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 Site Design BMPs ~ All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I □Yes I □No I l!!!I NIA Discussion/justification if SD-1 not implemented: Property has been previously graded and developed per City of Carlsbad Grading Plan. SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I 0 No 1111 NIA Discussion/justification if SD-2 not implemented: No natural areas of vegetation/soil exists as property has been previously graded and developed. Project will impact existing developed backyard landscaping very little. SD-3 Minimize Impervious Area I ■ Yes I □ No I □ NIA Discussion/justification if SD-3 not implemented: Only the area for the new ADU is proposed new impervious surface. SD-4 Minimize Soil Compaction I II Yes I D No l □ N/A Discussion/justification if SD-4 not implemented: Soil compaction only proposed where necessary for ADU. SD-5 Impervious Area Dispersion I D Yes I □ No I ■ N/A Discussion/justification if SD-5 not implemented: Footprint of impervious areas is as compact as possible. E-36 Page 3of 4 Revised 09/16 Site Ol i1 Reguirement (continued} I Applied? SD-6 Runoff Collection I □ Yes I □ No I Ill NIA Discussion/justification if SD-6 not implemented: Area has been previously graded and development. No new runoff area created. SD-7 Landscaping with Native or Drought Tolerant Species I □ Yes I □ No I ■ NIA Discussion~ustification if SD-7 not implemented: No new areas of landscaping proposed. Project impacts existing developed landscape very little. SD-8 HarvestinQ and UsinQ Precipitation I □ Yes I □ No I l!!!!I NIA Discussion~ustification if SD-8 not implemented: Water will continue to drain into existing landscape from proposed roof. E-36 Page4 of 4 Revised 09/16 ~ CHICAGO TITLE. Chicago Tit le -SD 2365 Northside Drive, Suite 600, San Diego, CA 92108 Prelim Title Report Title Officer: Richard Moore Email: rnoorer@ctt.com Phone No.: (619)521-3590 Fax No.: (619)521-3690 Title No.: 73722004930 Property Address: 3540 Garfield Street #42, Carlsbad, CA Introducing ----•' -· .. (™VIEW ~ Powered by LiveLOOK CIDCAGO TITLE LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance t ransaction. Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience. To view your new Chi cago Title PreVIEW powered by live LOOK report. Click Here Effortless, Efficient, Compliant, and Accessible CffiCAGO TITLE COMPANY PRELIMINARY REPORT Order No.: Property: 73722004930-RCM 3540 Garfield Street #42 Carlsbad, CA 92008 In response to the application for a policy of title insurance referenced herein, Chicago Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 CL TA and ALT A Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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 policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Countersigned By: Authorized Officer or Agent Brian Olenik CL TA Preliminary Report Fonn -Modified (Adopted: 11.17.2006) Chicago Title Insurance Company By: Michael J. Nolan, President Attest: Ma~orie Nemzura, Secretary Printed: 06.02.22@ 04:43 AM CA-CT-FWD0--02180.055820-SPS-1-22-73722004930 Visit Us on our Website: www.ctic.com CHICAGO TITLE COMPANY ISSUING OFFICE: 2365 Northside Drive, Suite 600, San Diego, CA 92108 FOR SETTLEMENT INQUIRIES, CONTACT: Rincon 5315 Avenida Encinas, Suite 200 • Carlsbad, CA 92008 • FAX PRELIMINARY REPORT Title Officer: Richard Moore Email: moorer@ctt.com Phone No.: {619)521-3590 Fax No.: {619)521-3690 Customer: Cameron St.Clair Email: cstclair@rincongrp.com Phone No.: Title No.: 73722004930-RCM PROPERTY ADDRESS(ES): 3540 Garfield Street #42, Carlsbad, CA EFFECTIVE DATE: May 25, 2022 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: ALT A Homeowner's Policy of Title Insurance 2013 ALTA Loan Policy 2006 1. The estate or interest in the Land hereinafter 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: RREG Investments Series, LLC Series 1046, a Delaware limited liability company 3. The Land referred to in this Report is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Fax No.: Ref. No.: CL TA Preliminary Report Form· Modified (Adopted: 11.17.2006) Printed· 06.02.22@ 04:43 AM CA-CT -FWD0-02180.055820-SPS-1-22-73722004930 For APN/Parcel ID(s): 204-240-11-00 EXHIBIT "A" Legal Description LOT 3 IN BLOCK "O" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 5, 1923. CL TA Preliminary Report Fonn -Modified (Adopted: 11.17.2006) Printed: 06.02.22@ 04:43 AM CA-CT-FW00-02180.055820-SPS-1-22-73722004930 Title No.· 73722004930-RCM AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 204-240-11-00 2021-2022 $676.80 $676.80 None 09000 3. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area.: 204-240-11-00 20212022 $4,350.91, Open $435.09 August 1, 2022 $4,350.91, Open $445.09 November 30, 2022 09000 4. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 5. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named In Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 6. Water rights, claims or title to water, whether or not disclosed by the public records. 7. Any easements not disclosed by the Public Records as to matters affecting title to real property, whether or not said easements are visible and apparent. CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed· 06.02.22 @04 43 AM CA.CT-FWD0-02180.055B20-SPS-1 "22-73722004930 EXCEPTIONS (continued) Title No.: 73722004930-RCM 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: T rustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $1,244,000.00 September 24, 2021 RREG Investments Series, LLC Series 1046, a Delaware limited liability company MTC Financial Inc. dba Trustee Corps First Foundation Bank 40004000 October 1, 2021 2021-0691239 of Official Records 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No.: Hazardous Substances Certificate and Indemnity Agreement September 24, 2021 RREG Investments Series, LLC Series 1046, a Delaware limited liability company, and between First Foundation Bank, October 1, 2021 2021-0691240, of Official Records Reference is hereby made to said document for full particulars. 10. A Notice Entitled: For: Executed by: Recording Date: Recording No: Restriction on Real property Accessory Dwelling Unit public St Clain, Cameron January 21, 2022 2022-0032767, of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Re~rt Form· Modified (Adopted: 11.17.2006) Printed: 06.02.22@ O<l:43 AM CA-CT .fWD0-02160.055820-SPS-1-22· 73722004930 • Title No.: 73722004930-RCM EXCEPTIONS (continued) 11. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: RREG Investments Series, LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) lf the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. 13. Any 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. 14. In order to complete this report, the Company requires a Statement of lnfannation ta be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of lnfannatian is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of lnfonnatian is essential and will be kept strictly confidential to this file. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (Adopted. 11.17.2006) ' Printed: 06.02.22@ 04:43 AM CA-CT-FWOC-02180.055820-SPS-1-22-73722004930 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Title No.: 73722004930-RCM NOTES Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. If a county recorder, title Insurance company, escrow company, real estate agent or association provides a copy of the declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold faced typed and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note: The only conveyances(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Eric C. Englman and Rhonda R. lngelman, Trustees of the Engelman Revocable Family Trust, dated September 18, 1992 Grantee: RREG Investments Series, LLC Series 1046, a Delaware limited liability company Recording Date: October 1, 2021 Recording No.: 2021-0691238, of Official Records Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. ff a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. CL TA Preliminary Repon fom,. Mod~ied (Adopted: 11.17 2006) Pnnted: 06.02.22 @04:43 AM CA..CT-FWD0-O218O.O55020-SPS-1-22-73722004S3O • Title No.: 73722004930-RCM NOTES (continued) Note 7. Note: None of the items shown in this report will cause the Company to decline to attach AL TA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. Note 8. A Preliminary Change of Ownership form is required upon a change in ownership of the Land. Section 480 of the Revenue and Taxation Code of the State of California requires that a grantee of real property complete a Preliminary Change of Ownership statement, which is to be filed at the time that a grant deed is recorded. In the event that the statement is not completed and presented at the time of the recording of the deed, the County Recorder will assess the grantee an additional charge to record the deed. In addition to the additional charge at the time of recording, the County Assessor may assess additional fees and penalties for failure to file the Ownership Statement within the required time. Note 9. Note: The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land a Multiple Family Residence, known as 3540 Garfield Street #42, in the City of Carlsbad, County of San Diego, State of California, to an Extended Coverage Loan Policy. Note 10. The Company and its policy issuing agents are required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing agent must be supplied with a completed ALTA Information Collection Form ("ICF") prior to closing the transaction contemplated herein. CLTA Preliminary Report Form -Mod~1ed (Adopted: 11.17.2006) ' Printed· 06.02.22 @ 04:43 AM CA---CT-FWD0-021 80. 055820-SPS-1-22-73722004930 Title No .. 73722004930-RCM NOTES {continued) Note 11. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies A 2006 ALTA Owner's Policy {06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceabrlity, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance {12-02-13) and CL TA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy-Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. AL TA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing In the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. END OF NOTES CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) ' Pnnted: 06.02.22 @04:43 AM CA-CT-FWOQ..02180.055820-SPS-1-22-73722004930 • • ::~WIRESAFE. I lnquirebeforeyouwire! WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions. use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www_fbi.gov Internet Crime Complaint Center: http:l1www.ic3.gov w.,e Fraud Alert Originel Effective Date. 5111/2017 Current Version Date· 511112017 73722004930--FC-WIRE0016 (OSI Rev. 12107/17) TM and© FK!eli!y National Financial, Inc. and/or an affillate. All rights re:.erved FIDELITY NATIONAL FINANCIAL CALIFORNIA PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or ''we") respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal lnfonnation, when and to whom we disclose such information, and the rights you, as a California resident ("Consumer"), have regarding your Personal Information ("California Privacy Rights"). Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not apply. Collection of categories of Personal Information: In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal lnfonnation from you: • Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver's license number, state identification card, financial information, date of birth, or other similar identifiers; • Characteristics of protected classifications under Caltfornia or Federal law; • Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories; • Internet or other electronic network activrty information including, but not limited to browsing history, search history, and information regarding a Consumer's interaction with an Internet website; • Geolocation data; • Professional or employment information; • Education lnfonnation. This Personal Information is collected from the following sources: • Information we receive from you on applications or other fonns; • Information about your transactions with FNF, our affiliates, or others; • Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others; • Information from the use of our websites and mobile applications. This Personal Information is collected for the following business purposes: • To provide products and services to you or in connection with a transaction involving you; • To perform a contract between FNF and the Consumer; • To improve our products and services; • To comply with legal obligations; • To protect against fraudulent or illegal activity; • To communicate with you about FNF or our affiliates; • To maintain an account with FNF or our affiliates; • To provide, support, personalize, and develop our websites, products, and services; • As described to you when collecting your personal information or as otherwise set forth in the California Consumer Privacy Act. Plivacy Statement SCA0002565_ CTLA.doc Printed: 06.02.22@ 04 43 AM by CA-CT ·FWOC-021 80.055820-73722004930 Disclosures of Personal Information for a business purpose: In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, as directed by you; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service Providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Sale of Personal lpformation: In the preceding twelve (12) months, FNF has not sold Personal Information. FNF does not sell Personal Information. Personal Information of minors: FNF does not knowingly collect the Personal Information of minors. Right to know: Consumers have a right to know about Personal Information collected, used, disclosed, or sold. Consumers have the right to request FNF disclose what personal information it collected, used, and disclosed in the past twelve (12) months. Right to request deletion: Consumers have a right to request the deletion of their personal information. Right tp non--discrjmination: Consumers have a right not to be discriminated against by exercising their consumer privacy rights. We wi1I not discriminate against Consumers for exercising any of their California Privacy Rights. Right to use an Authorized Agent: A Consumer may use an Authorized Agent to submit a request to know or a request to delete his or her information. Should a Consumer utilize an Authorized Agent, FNF will require the Consumer provide the agent written permission to make the request and verify his or her identity with FNF. To exercise any of your California Privacy Rights, please follow the link "California Privacy Request" or call Toll Free 888-413•1748. Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan, escrow number, or other identifying information from the consumer. The above-rights are subject to any applicable rights and obligations including both Federal and California exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements. Privacy Statement SCA0002565_ CTLAdoc Printed: 06.02.22@ 04:43 AM by CA-CT-FW00-021 80.055820-73722004930 FNF website services for mortgage loans: Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage Joan servicer or lender's privacy notice. The sections of this Privacy Notice describing the categories, sources, and uses of your Personal Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Information. FNF does not share Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. California Privacy Notice -Effective Date: This California Privacy Notice was last updated on January 14, 2021. Contact for more information: For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please follow the link "California Privacy," call Toll Free 888-413-1748, or by mail to the below address. We may use your Personal Information for our affiliates (companies owned by FNF) to directly market to you. If you do not want FNF affiliates to directly market to you, visit FNF's "Opt Out Page" or contact us by phone at (888) 934-3354, or by mail to: Pnvacy Statement SCA0002585_ CTLA.doc Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Printed· 06.02.22@ 04·43 AM by CA"CT-FW00-02180.055820--737220049J0 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION 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 lam, 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 wl7ich woiJd be binding on the n'ghts of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) wtiether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not knOVvTI 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 Corll)al"o/ 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 wl7ich 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. Unenforceabilily 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 lam of the state in wtiich the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6. Any claim, wl7ich arises out of the transaction vesting in the insured the estate or 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 credilors' rights lam. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company wlll not pay costs, attorneys' fees or expenses) which arise by reason of: 1 Taxes or assessments wl7ich 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 wl7ich may result in taxes or assessments, or notices of such proceedings, wl7ether or not shOVvTI by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims wl7ich are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. • 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and wtiich are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, wl7ether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (05/06116) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 pawer, 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 v,;1h applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records: b. that are Knov.-n to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Polley Date: c. that result in no loss to You: or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 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 follO'-Ning 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 shov.-n on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount ShOv.fi in Schedule A $2,500.00 (whichever is less) 1.00% of Polley Amount Sho'M1 in Schedule A $5,000.00 ('Mlichever is Jess) 1.00% of Policy Amount ShoVvTI in Schedule A $5,000.00 (whichever is less) 1.00% of Policy Amount ShoVvTI in Schedule A $2.500.00 (whichever is less) oc Our Maximum Dollar Limit of Liability $ 10.000,00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One (05/06116) ATTACHMENT ONE (CONTINUED) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment ofthe 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) Arry governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; {c) resulting in no loss or damage to the Insured Claimant; {d) attaching or created subsequent to Date of Policy {however, this does not modify or limit the coverage provided under Covered Risk 11, 13. or 14); Of (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 taws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the follOwing Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ !(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 shO'M'I as existing liens by the records of any tall:ing authority that levies taxes or assessments on rea\ property or by the Public Records; (b) proceedings by a public agency that may result in tall:es or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof. not shown by the Public Records. 4. Any encroachment. encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (bl reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b), or (c) are shown by the Public Records. 6. Any hen or right to a lien for services, labor or material not shown by the Public Records.] PARTII In addition to the matters set forth in Part\ of this Schedule, the Tille is subject to 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:] Attachment One (05106/16) ATTACHMENT ONE (CONTINUED) 2006 ALT A 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 (1ncludmg those relating to building and zoning) restricting, regulating, prohibiting, or relating to {i) the occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the sulx!Msion of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in Vllriling 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 (h0Vi1ever, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laVIIS, that the transaction vesting the Tille as sho..vn in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: [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, OOSther or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment. encumbrance, violation. variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not sho..vn by the Public Records.) 7. [Variable exceptions such as taxes. easements, CC&R's, etc., shown here.] Attachment One (05/06116) ' ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (0,4..02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company Will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a} Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i} the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limil the coverage provided under Covered Risk 5, 6, 13(c), 13{d), 14 or 16. {b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created. suffered, assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy {ho~ver, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18. 19, 20, 21, 22, 23, 24, 27 or 28); or {e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the slate v.tiere the Land is situated. 5. Invalidity or unenforceability in v.tiole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or {b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 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. Attachment One (05/06116) Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notfce of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Undeiwritten Title Companies CTC -Chicago Title Company Cl TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company Cl TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent {70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts SCA0002565_CTLA.doc I Updated: 12.18 20 Printed: 06.02.22@ 04 43 AM CA-CT-FWD0-02180.05582Q..73722004930 • 09 11115 IIAP WAI PAEP,JUD FOIi ASSESSIIE'NT l'IJIIPOSES ON!.Y. MO UMIIIJfT IS MSUU[l) FOR 'ffiE ACCURACY 0, THE OATA SMOWM. '-SSi:SSOII'$ PAIICRS MA.Y NOT COIIPLY WITII LCt~ S~801YISIO!f DR 81lllDlM(; 0/frJIIIAllC'ES. I . . • 7 ' BLK Q 0 ®@ 0 ... I------' 10 """ • ! I 2 4 5 • BLK. • ••• @ ""' e o.!17AC ® 0 ' ~CHERRY .VE ® 5 2 10 ll LOTZ ••• 1.0Tl "'(.;;:, . ~ ., .. @@@ BU 12 ! I Z 3 5 . -.. ST 2•CONOO CstE SKr3l Clf!IISTU: CM ......... 204-24 '-.. SHT 1 Of 3 "i,j ~#~ ~"""' "'""""""" IIOl,IEOW~RS A'?,'lN. VOID OOC92•31j°'' {Sl'.E 5"l 3 , . ..,. IWIREUI 8EACH 11011!:S """'"'""" (SEE SIil ') I MAP7961-CARLSBAD TCT NO 73-30 MAP 1803-PALISADES NO 2-BLKS Q&R MAP 1747-PALISADES-BLKS N &O ROS 32.l 4, 22050 ' 09 !"' :,O[Gil ,;,.,,rr, •Sl!IIQ!IS ~" CASA DE LA PLAYA DOC74-156932 LDT I MAP7961 ASSESSMENT PAR~ 204-240-55 SUB ID ~-~ MSWl'IA!Pl'E>WfOl(JllS.li:5!16f~(f(T IOtNUl~ ~FO!T,El,tUSW(l'(l'n{ OllllJOft ~~PllalS 1111 ~ O)IU •111! !OCII. ill)lol,Oj Clll M!J(; ~'(U ~Xl• ~"Gl a.SHT.t .,f, CONOO'ltlNIUMS PARK JUNIPER OOC78-300700 LOT I PM7248 ASSESSMENT PAR NO 204-240-54 sue10@!)-[?J 09 C .. GARFlELD BEACH HOMES PAR 1-PM2l544 ASSESSMENT PAR NO 204-240-16 SUB ID [ID)-~ , .... ii, @ @) ii, ' GARFIELD ST BLOG ,\ < u 'l l w I HEMLOCK CARLSBAD HOMEONNERS ASSN DOC 92-312046 PAR I PMl6596 ASSESSMENT PAA: NO 204-240-56-m\-ml I BEACHWAU( AT JUNIPER DOC 14 -0495929 PAR 1, PM21185 ASSESSMENT P i\R NO 204-240-34 SI.IB ID mrl-~ ffllS 11-'I' WAS PRE?o\JIED fOR ASSES&IENT PIJIWOSES ONI.Y. NO UAllltlTY IS .\SSIJIIE!> F'OR TI4E .\CCUIIACY OF TH[ DATA SHO~. ASSCSSOA's PARCELS NAY NOT COMPLY 1111'11 LOC.\L SUBDIVISION OR BUILOINC OROIUNC[S. 204 -24 SHT 3 1ona12021 AAS @) @ J (Di @2 @3 l!I• PARCEL MAP NO 12335 DOC 82-357174 PAR I ASSESSMENT PAR t,JQ, 204-240-36 SUB 10 !Q!l -!'M ® @) I!) Ill @ ID 4 3 2 I CHRISTLE COVE DOC 84-1~6321 PAR !, PMl:,091 .. ~ 0 g a I w ~ < u 0 J ~ .. I ASSESS~ENT PAR NO 204-240-37 SUB 10 \Qi}-~ CQt,.,00-AINIUMS ~ "'""'