HomeMy WebLinkAboutNCP 2022-0004; AYOUB ADDITION AND ADU; Nonconforming Construction Permit (NCP)ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ____________ (To be completed by City)
Application Number(s): __________________________ _
General Information
1 . Name of project: A'( " 1,/ f!? /\ t:> I> 1 '!' I a .,. / ,':PU
2. Name of developer or project sponsor: O J,.li..,1 t ,.__ l!-Ut1.. t;, C P---
Address: l:>oc..,<; l..o2 li.o~E., D~
City, Slate, Zip Code: c:..,o '-1..<;.,!!,.t.C> C ,A • "'\ ~ o o fl:,
Phone Number: _________________________ _
3. Name of person to be contacted concerning this project: ":;>;fr,.\r..,,I IJ, lt-lt.t i,,j ,-
Address: '2.. "l It "> T ,0. r (.. ', '!' • ") '!" E-,I,.
City,State,ZipCode: C:-A,,.t..1.-;!=,A,.t,, '-A• -,1,,,,00s!;:,
Phone Number. J \oO • '2.1 '!> • 14-c;, 0 •
4. Address of Project: ~ fe 2 LO~ i,,,,. ►..'-f, $ D IL ,
Assessor's Parcel Number: "2-lo • c:' '?? ,Z , l ~
s. 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:
NON. c-ci-,.fo. 1-~••"U i11o1 s-,t C..Qi..,1, "T' a.W\.. 'T" 10M t e,.A.,_,! t "r-
6. Existing General Plan Land Use Designation: _.J/L-~=i:,c._ ___________ _
7. Existing zoning district: IL,., l • C...o Ai-._ 'T" ;'I, '--
8. Existing land use(s): -~l>-i.,_,,l:~,-,~•~"~!-""'"'--'-:r:-'1-".4'--'1 =•---------------
9. Proposed use of site (Project for which this fonn is filed): t:l,..f.~~j) !l,,l '!'"' 1,4 L.--
Project Description
10. Site size: -, ,._ '" -s-F-..
11. Proposed 8 uHding square footage: ~lol ~•I-.
12: Number of floors of construction: '2--
13. Amount of off-street parking provided:
14. Associated projects: i,J/
P-1(0) Page2of4 Revised 07/10
..
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes ~
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O ILi
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or O czt
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:
D
D
D
D
D
D
D
D
D
D
IZl
IZl
IZl
IZl
0
IZl
lZl
IZ!
121
JZI
32. Describe the project site as it exists before the project, including infonnation 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. t-J / /.
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. l,J / A
Certification
1 hereby certify that the statements furnished above and in the attached exhibits present the data a·nd
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 kn?ge f:Y. -
Date: t_c,, "'°'"-'• 4-.. 1-·t.._ Signature;_.,,.~'1"=~~-•~----------
For: ol,/"'E..,_ ,'uw r
P-1(D) Page 4 of4 Revised 07/10
$TEP1
TO BE COMP~D fORAU.PB,OJEC'l'S -
To determine if your project is a "development projecr, 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)? □ iz1
If you answered "yesM to the above question, provide justification below then go to Step 6, mark the box stating "my project
is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
TO BE COMPLETa:DJOR k~Wl);MENTl'ROJECTS
-,j
: :: ...
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR □ ¢
b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets Quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance? □ 12!
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ¢
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark
the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of4 REV 08/22
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• ":~-~•· ►,;.;,:.. ,-.,, (• ;eJ l;.:~ ;;\t=-i~i ('~'1-1.,t'(•i;f-, ·.'fit::-~•) • ,;:11J',1':.,, ,.,. .A':'.l,i • •· • .~: • ft• -.. ,_ • ,... ..._, •. .ot. •j,• "'·· .. ~ ~ ~.. -• • • .-~ • • ""• ~ .,., , ... _ ~ .) .. •t .. , • I
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ ~ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use,
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious
surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ tl impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ izj 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
development project includes development on any natural slope that is twenty-five percent or Qreater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a □ IZ1 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 □ Ill 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 □ [tf Sensitive Area (ESA)? "Discharging Directly ton includes flow that is conveyed overland a distance of 200
feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).•
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ll1 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 □ 0 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ ~ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21 .203.040)
If you answered "yes· to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the
trash capture question.
• Environmentally Sensitlve Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Qualify Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneflcial 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 Ci1y.
E-34 Page 3 of4 REV08122
STEP4
TO BE COMPLE'tED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
' ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of
less than 50% of the surface area of the previously existing development? Complete the percent impervious
calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (B) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface
and not the entire development. Go to step 5, complete the trash capture question.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, complete the
trash capture question.
SlJlP~
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS -~
Complete the question below regarding your Project (SORWQCB Order No. 2017-0077):
YES NO
Is the Project within any of the following Priority Land Use (PLU) categories and not exempt from trash
capture requirements per section 4.4.2.2 of the BMP Manual?
R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ 121'
Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor
Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or
Public Transportation Station
If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first
box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as
determined in step 3.
If you answered "no", Go to step 6, check the second or third box as determined in step 3. List exemption if applicable
for 'no' answer here:
STEP6
CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION
0 My project Is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE
REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP).
0 My project Is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. I will submit a "Standard Project Requirement Checklist Form E-36". If my
project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality
Management Plan {TCSWQMP) per E-35A.
□ My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
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:~ .... z~ lg Applicant Title: C> i-.Jt.J1.L ,4. c.., E>,.J 'j
Date: It. . 2.0 . t..a-Applicant Signature: 4,
/ \t -
E-34 Page 4 of 4 REV 08/22
STEP1
TO BE COMPLETED FOR ALL PROJECTS -To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building D ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered ·yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project
is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEPZ
TO BE COMPLETED FOR AU. DEVELO~MENT PROJECTS . .
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR D ¢ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets Quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D [Jj 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? D ¢
If you answered "yes" to one or more of the above questions, provide discussion~ustification below, then go to Step 6, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2of 4 REV08122
"-f· • • "t • ,. ♦ • -"" l ' • • • f • • ./' # ~
.~
~1Gr\~•r· ;-.. -~ffl~,._·111t-~·~w,~•~:~i:J~ ~--~ •• ~: ·.;1'-?~i-1\\l-~ · ,,~·~; .,,;·•;;..tl ~ ..;-..~·~~t :Ii t1-.• -:.l'!J,,' L:1f=:s e1..~Jj~t'-.t~ .. "liJ ~\•p) ,♦ ,!-, •J,=f I~~,):) ,rj :.·,: ' .'::!i:-~ ~: .;~ ,, .
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ lZ1 collectively over the entire project site? This includes commercial, industrial, residential, mixed-use,
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious
surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ ~ impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
Impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ IZ1 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
development project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
Impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a □ (21
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 □ Ill 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 □ lt1 Sensitive Area (ESA)? •Discharging Directly ton includes flow that is conveyed overland a distance of 200
feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ Ill 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 □ 121 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ ~ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the
trash capture question.
• Environmentally Sensitive Areas Include but are not limited to all Clean Water Act Section 303(d) Impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments);
areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management
Plan; and any other equivalent environmentally sensitive areas which have been Identified by the City.
E-34 Page 3 of 4 REV 08122
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of
less than 50% of the surface area of the previously existing development? Complete the percent impervious
calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (B) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface
and not the entire development. Go to step 5, complete the trash capture question.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, complete the
trash capture question.
STEPS
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS '
Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077):
YES NO
Is the Project within any of the following Priority Land Use (PLU) categories and not exempt from trash
icapture requirements per section 4.4.2.2 of the BMP Manual?
R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ [Z!'
Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor
Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or
Public Transportation Station
If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first
box stating, "My project Is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as
determined in step 3.
If you answered "no", Go to step 6, check the second or third box as determined in step 3. List exemption if applicable
for 'no' answer here:
STEP6
CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION
0 My project Is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE
REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP).
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. I will submit a "Standard Project Requirement Checklist Form E-36'. If my
project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality
Management Plan (TCSWQMP) per E-35A.
□ My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
O My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name "":>,.. ~ 'Z Applicant Title: oLJ--.ltK.. "-CJ~ r
Date: It.. z.o, ?..~ Applicant Signature: 4. / ,t-
E-34 Page4 of 4 REV08/22
f .
J
□ Other: _______ -D D infeasible to do so.
C. i2""BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP
~low.
(see Fact
Sheet BL-3)
If no BMPs are selected. explain why they are infeasible in the area below.
Jl{SD-B
Direct runoff to pervious areas
D SD-C
Install green roofs
D SD-E
Install rain barrels
D. O BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below
□ SD-K Sustainable Landscaping
(see Fact
Sheet BL-4)
If SD-K is not selected, explain why ii is infeasible in the area below.
Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully):
,,, .. -',,i:· -., • Baseline BMPs for Pollutant-generating ~ources ·' " ,,o'
All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for
documenting pollutant-generating sources/ features and source control BMPs.
BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it
will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be
provided in the area below. The table provides specific instructions on when explanations are required.
'.'.~-d~~• ~-'¼!,-,• '"--1'' ~~ ,,
111 Table 2 -Sourt~ C.on(toJ Requlre01ent ,,, ,>,. ,\. J.;~}~(;, _.,i;i-tf ,,. ' -
A. Management of Storm Water Discharges
1. Identify all proposed outdoor 2. Which BMPs will be used to prevent 3. Where will runoff from the
work areas below materials from contacting rainfall or work area be routed?
runoff?
pheck here if none are proposed (See Fact Sheet BL-5) (See Fact Sheet BL-6)
Select all feasible BMPs for each work area Select one or more option for each
work area
SC-A SC-B SC-C SC-0 SC-E Other
Overhead Separation Wind Sanitary Containment
covering flows from protection sewer system
adjacent
areas
□ Trash & Refuse StoraQe D D D D D D
□ Materials & EQuipment StoraQe D D D D D D
E-36 Page 2 of 4 RevisP.rl O?/??
0
□ Loadinq & Unloadinq □ □ □ □ □ □
□ Fuelinq □ D D □ □ □
□ Maintenance & Repair □ □ □ □ □ □
□ Vehicle & Equipment Cleaning □ □ □ □ □ □
□ Other: □ □ □ □ □ □
B. Management of Storm Water Discharges (see Fact Sheet BL-7)
Select one ootion for each feature below:
• Storm drain inlets and catch basins ... JZ1 are not proposed □ will be labeled with stenciling or signage to
discourage dumpinq (SC-F)
• Interior work surfaces, floor drains & [21' are not proposed □ will not discharge directly or indirectly to the MS4
sumps ... or receiving waters
• Drain lines (e.g. air conditioning, boiler, (Z are not proposed □ will not discharge directly or indirectly to the MS4
etc.) ... or receiving waters
• Fire sprinkler test water ... ~ are not proposed □ will not discharge directly or indirectly to the MS4
or receivinq waters
Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully):
E-36 Page 3 of 4 RevisP.rl O?I??
CLTA Preliminary Report Form
(Rev. 11/06)
Order Number: DIV-6890408
Page Number: 1
First American Title AUG 3 1 2022
Title Officer:
Phone:
Fax No.:
E-Mail:
E·Mail Loan Documents to:
Owner:
Property:
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
California Department of Insurance License No. 151
Korey Mulvey
(619)231-4670
(877)648-8386
titleunit4@firstam.com
Lenders please contact the Escrow Officer for email address for
sending loan documents.
David Ayoub
5065 Los Robles Drive
Carlsbad, CA 92008
PREUMINARY REPORT
In response to the above r·eferenced application for a policy of title Insurance, this company he!eby report5 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 frnth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
Tlie printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. ll,e policy to be i55ued may contain an a1bltration clause. "1110'1 the Amount of lnswance is le55 than that set
faith in the arbibdtion clause, all arbit,ab/e matte1s shall be arbitrated at the option of eitl,er the Company 0/ the Insured as tJ,e
exclusive remedy of ti'/€' pa1ties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar limit of Liability for certain coverages are also set forth in
Exhibit A. CO pies of the policy for ms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to bektw and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title Insurance pollcv and should be carefully considered.
It is Important to note that this preliminary report Is not a written representation as to the COfldltion of tltfe and
may not list all liens, defects, and encumbrances affecting title to the land.
Please be advised that any provision contained In this document, or In a document that is attached, linked or
referenced In this document, that under applicable law illegally dlscrlmlnates against a class of individuals based
upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, himillal status,
disability, national origin, or any other legally protected class, is Illegal and unenforceable by law.
This teport (and any supplements ot arnetldments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and r,o liability Is assumed hereby. If it Is desired that liability be assumed prior to the isst1a11ce of a policy of title
insurance, a Binder or· Commitment should be requested.
First AmenCan Title
Page 1 of 12
I.
2.
3.
4.
Dated as of August 15, 2022 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Orde! Number: DIV-6890408
Page Number· 2
ALTA/CL TA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06
(06-17-06) if the land described is an improved residential lot or condominium unit on which there is
located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the
ALTA loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium
unit
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
David Ayoub, A Married Man as His Sole and Separate Property
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
General and special taxes and assessments for the fiscal year 2022-2023, a lien not yet due or
payable.
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown
or disclosed by the filed or recorded map referred to in the legal description including but not limited
to: PUBLIC UTILITIES and incidental purposes affecting said land.
An easement for public utilities and incidental purposes in the document recorded August 10, 1951 as
BOOK 4199, PAGE 331 of Official Records.
First Amedcan Title
Page 2 of 12
5.
6.
7.
8.
Order Number: DIV-6690408
Page Number: 3
A deed of trust to secure an original indebtedness of $548,250.00 recorded JUNE 03, 2021 as
INSTRUMENT NO. 21-412517 OF OFFICIAL RECORDS.
Dated: MAY 27, 2021
Truster: DAVID AYOUB, A MARRIED MAN, AS HIS SOLE AND
SEPARATE PROPERTY
Trustee: JPMORGAN CHASE BANK, N.A.
Beneficiary: JPMORGAN CHASE BANK, N.A.
The new lender, if any, for this transaction may be a Non-Institutional lender. If so, the Company
will require the Deed of Trust to be signed before a First American approved notary.
Water rights, claims or title to water, whether or not shown by the Public Records.
This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the
Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the
dosing. This transaction will not be insured until this information is submitted, reviewed and found to
be complete.
First Amedcon Title
Page 3 of 12
INFORMATIONAL NOTES
Order Numbei: DN-6890408
Page Number: 4
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. General and special taxes and assessments for the fiscal year 2021-2022.
first Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$2,520.11, PAID
$0.00
$2,520.11, PAID
$0.00
09000
210-033-16-00
2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with Cl TA endorsement forms 100 and 116 and if
applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence known as 5065 LOS ROBLES DRIVE, CARLSBAD, CA.
3. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public
Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 4 of 12
LEGAL DESCRIPTION
Order Number DN-6890408
Page Number 5
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 60 OF TERRAMAR UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2758, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1951
APN: 210-033-16-00
First American Title
Page 5 of 12
NOTICE
Order Number: DN-6890408
Page Number: 7
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Page 7 of 12
EXHIBIT A
Order Numbe1: DIV-6690408
Page Number. 8
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following mattets are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which a, ise by Ieason of:
1. (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, 01 regulations)
Iestricting, regulating, prnhibitlng or relating (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any Improvement now or hereafte1 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 (lv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of U1e exercise thereof or notice
of a defect, lien or encumbr·ar-.ce ,·esulting 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 whlch has occur red prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) t'IOt 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 clciimant prior to the date the insured claimant became an insured under
this polk:y;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid Value for the insured
mortgage or for the estate or interest insured by this polk:y.
4. Unenforceabllity of the lien of the insured rrKirtgage because of the Inability or failure of the insured at Date of Policy, or the inability
or failur·e of any subsequent owner of the Indebtedness, to comply with the applicable doing business laws of the state in which the
land is situated.
S. Invalidity 01 unenforceability of the llen of the Insured rrKirtgage, or clciim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the lnterest of the Insured lender, by reason of the operation of federal bilnk, uptcy, state insolvency or similar creditors'
right5 laws.
EXCEPTIONS FROM COVERAGE· SCHEDULE B, PART I
This policy does not insure against loss 01· OOmage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existi119 liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such ogency or by the public, reco1ds.
]. Any facts, rights, interests, or claims which are not shown by the public reco1ds 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 er-.cumbrances, 01· claims thereof, not shown by U1e public recoIds.
4. Discrepancies, conflicts in boundctry lines, shortage in area, e1-.croachments, 01 any other facts wl1lch a correct survey would
disclo5e, and whicl1 are not shown by the public recor·ds.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patent5 or ln Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whetl1er or not t11e matters excepted under (a), (b) or (c) are shown by t11e public records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the publlc 1·eco1ds at Date of Polley.
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12·02·13)
EXQUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Govemmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building,
First American Title
Page 8 of 12
Order Number: DIV-6890408
Page Numbe1: 9
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f environmental protection.
This Exclusion does not limit the coveIage describE?d In covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with appliu1ble building codes. This Exclusion
does not limit the coverage described In COveIed Risk 14 rn· 15.
3. The right to take the Land by condemning It This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Recoids at the Policy Date;
c. that result in no loss to You; 01
d. that first occur after the Policy Date· t11ls 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 t1ansfer or as a fr,iudulent transfer or conveyance under fede1al bankruptcy, state
insolvency, or similar creditors' 1ights l;iws.
8. Contamination, explosion, fire, flooding, vlbr<1tion, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exerclsing a right to extr·,ict or develop minerals, water, or any othe1 substances.
UMITATIONS ON COVERED RISKS
Your insurance for the following covered Risks is limited on the Qv./nel"'s coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liabllity shown In Schedule A.
The deductible amounts and maximum dollar limlts shown on Scliedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Cover·ed Risk 19.
Covered Risk 21 •
Your Deductible Amount
1% of Policy Amount Shown in Schedule A or $2,500
(whlchevei is less)
1% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXQUSIONS FROM COVERAGE
Our Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the company will not pay los.s or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the sutxlivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) My govemmental 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 01 8.
First American Title
Page 9 of 12
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
Orde1 NumbeI DJV-6890408
Page Number 10
(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
wr-ltlng to the Company by tl1e Insured dalmant prior to the date the Insured Oaimant became an Insured under tl1is policy;
(c) resultlrig ln no loss or damage to the Insured dalmant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify 01 limit the cover age provided under covered Risk 11,
13, 01 14); or
(e) resulting in loss 01· damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenfrnceability of the lien of the Insured Mo1tgage because of the i11c1bility or failure of an Insured to comply wltli applicable doing-business
laws of the state where the Land is sltuc1ted.
5. Invcilidity or unenfo1 ceabllity in whole or in pct1t of the lien of the Insured Mrntgage that ar·lses 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 similm creditor·s' 1·ights 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 lltJe for real es@te taxes or assessments imposed by governmental authority and ueated or attaching between Date of Policy
and the date of recording of the Insured Mortgage in tile 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 f,om 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,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy form may be issued to affo1d either Standard Coverage or Extended coverage. In addition to the above Exclusions from
Coverage, the Exceptions from coverage in a Standard coverage policy will c1lso Include the following Exceptions from Coverage:
1. (a) Taxes 01 assessments that are not sho\11111 as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by tiie Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Publk 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 unde1 (a), (b), or (c) me shown by the Public Records.
6. Any lien or right to a lien for services, labor 01 material unless such lien is shown by the Public Reco1 ds at Date of Polley.
PART II
In addition to the matters set forth in Pan I of this Sd7edule. the Title is subject to the following matters, and the Company insures against loss
or damage sustained in t11e event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POUCY (06-17-06}
EXQUSIONS FROM COVERAGF
The following matters c1re expressly excluded from the coverage of this policy, and the Company will not pay loss 01 damage, costs, attorneys'
fees, or expenses that ari5e by reason of:
1. (a) Any law, ordinance, pe1 mit, or· governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) tile occupancy, use, 01· enjoyment of the Land;
(ii) the character, dimensions, 01 location of any Improvement e1ected 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.
First American Title
Page 10 of 12
Order Number: DIV-6890408
Page Number 11
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumb1ances, adverse claims, or otl1er matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded In the Public Records crt Date of Policy, but Known to the lnsu1ed Claimant and not disclosed in
writln~I to the Company by the Insured Claimant prior to the date the Insured daimant became an Insured under this policy;
(c) resulting in no loss 01 damage to the Insured Claimant;
(d) atraching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if tlie Insured Clcrimant had paid value for the Title.
4. Any claim, by reason of tlie operation of federal bankruptcy, state insolvency, 01 similar creditors' rights laws, that the transaction vesting tlie
Title as shown it1 Schedule A, is
(er) 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 fm real estate taxes or assessments imposed by governmental author lty and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of t1·ansfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford eitber Standard Cove1·age or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage In a Standard Coverage policy will also iflClude 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 aI ise 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 existlng liens by the 1ecords of any taxing autl10rity that ~vies taxes or assessments on recrl
property or by the Public Records; {b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of tlie Land or
that may be asserted by persons ln 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 attecting 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) wateI rights, claims or
tit~ to water, whether or not the matters excepted under (a), (b), or (c) aIe shown by the Public Recrn·ds.
6. Any lien or right to a lien for services, labor or material unless such llen is shown by the Public Records at Date of Policy.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXQUSIONS 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, regulat111g, prohibiting,
or relating to
(i) the occupaf\Cy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on tl1e Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), J3(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided undeI Covered Risk 5, 6, 13(c), 13(d),
14 or 16.
2. Right~ of emint>nt domain. This Exclusion does not modify or llmlt the coverage provided undPr COvPrf'd Risk 7 or 8.
3. Defects, liens, encumbraf\Ces, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Jnsured 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) resultirlQ in no loss or damage to the Insured daimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
First American Title
Page 11 of 12