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HomeMy WebLinkAboutCDP 2023-0040; 4080 SUNNYHILL DRIVE; Coastal Development Permit (CDP)PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? □ Yes ~o If yes, indicate person(s): ___________________ _ NOTE: Attach additional sheets if necessary. PART F. Applicant Declarations (to be signed by Applicant) I hereby certify under penalty of perjury that I have read the information below and that: 1. I have carefully reviewed and prepared the application and plans in accordance with the instructions. 2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form's "Minimum Submittal Intake Requirements Checklist." I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in HCompleteness Determination Requirements Checklist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4. I understand that once an application is determined to be complete, project or design changes that will increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review "clock" and extend processing timelines. s. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do not exist between the project's description on the application, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. Page4of6 P-1{A) Form Rev 6/2023 7. I understand that all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city's control. 8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 9. 1f the project is approved or conditionally approved, the approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may request permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. Page 5 of 6 P-1 (A) Form Rev 6/2023 By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the application I am submitting, including all additional required information, is complete and accurate to the best of my knowledge. I understand that any misstatement or omission of the requested information or of any information subsequently requested might be grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and furtherrelief a~ deemed by the Cit~~:C~~ ~ .G _ _ Appl1cantS1gnature:,~~--~ Name: ,)~A-j t;!>P--12-~D Date: (l-l',-'2-0'2.3 This form must be stapled/attached to the application and shaJJ be effective until replaced or revoked in writing. Page 6 of 6 P-1(A) Form Rev 6/2023 Yes No b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code§ 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. □ c. If "yes," does any portion of the property contain a tsunami run-up zone or D mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along D the coast. 10. The project impacts a stream or other resource that may be subject to a streambed D alteration agreement pursuant to Chapter 6 {commencing with Fish and Game Code§ 1600. 11. Any portion of the property is subject to any recorded public easement, such as D easements for storm drains, water lines, and other public rights of way. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. Name: j OSi;;:n..{ ~~D Sig~?-- This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page 4 of4 P-l(B) Form Rev 6/2023 PART A. Requested Environmental Clearance (All Projects) / DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project. □ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application package is NOT a "project" as defined by CEQA (Public Resources Code§ 21065; CEQA Guidelines § 15378. Applicable Public Resource Code or CEQA Guidelines Sec.: _____________ _ 0 EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent contemplating using a CEQA exemption should carefully review both the Public Resources Code and the State CEQA Guidelines to determine whether specific criteria apply that may or may not be applicable to their proposed project. To assist the city in assessing whether the proposed project Is exempt from further review, the Applicant, Property Owner, or Agent may be asked to provide written explanation and substantiate the requested exemption (see below). D Ministerial. The requested activity is exempt from further CEQA review because it is specifically excluded from CEQA consideration as defined by the State Legislature. These exemptions are delineated in Public Resource Code §§ 21080 et seq. and CEQA Guidelines. Applicable section: _____________________ _ □ Categorical. The requested activity is exempt from further CEQA review because it belongs to a list of classes of projects that generally are considered not to have potential impacts on the environment. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines§§ 15300- 15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence must include why the quested exemption is not negated by some sort of an exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter 19.04 of the Carlsbad Municipal Code. □ Other type of exemption, such as Agricultural Housing, Affordable Housing, and exemption for residential projects in a specific plan, etc. (Article 12.5 of the CEQA Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.) ADDITIONAL DOCUMENTATION AND/OR CHECKLIST MUST BE ATTACHED. □ ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA because the project does not qualify for an exemption. This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration) will be required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Municipal Code. The city will typically complete its initial environmental study thirty days after an application is determined complete, consistent with Public Resources Code § 21080.2; CEQA Guidelines§ 15102, unless the timeframe is extended. Page 2 of 5 DRAFT P-l(D) Form Rev 6/2023 PART B. Property and Project Screening Information (If Applicable) This section is to be completed only if further environmental review and documentation is required (such as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your Land Use Review Application is complete, the City Planner will request the preparation of an Initial Study, which will rely, in part, on the information provided in this form. If you believe that a previously completed CEQA document adequately addresses the environmental impacts of the proposed project, a Petition for Use of Prior CEQA Document or tiering checklist (as required by CEQA) may be filed which wf/1 be reviewed and considered. It is important to note that the details of the request must be carefully evaluated and Planning staff's recommendation or decision for environmental review may change. NOTE: If you have any questions regarding what constitutes an environmental resource of concern, Planning staff may be contacted for further information. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. 1. Describe each item as it relates to the PROJECT SITE: a. Existing land uses/ structures: ______________________ _ b. Topography/ slope: _________________________ _ c. Vegetation: ____________________________ _ d. Wildlife: ___________________________ _ e. Surface waters: ___________________________ _ f. Cultural/ historical resources: ______________________ _ g. Other: ______________________________ _ 2. Describe each item as it relates to the SURROUNDING AREA: a. Existing land uses/ structures: ______________________ _ b. Topography/ slope: _________________________ _ c. Vegetation: _____________________________ _ d. Wildlife: ___________________________ _ e. Surface waters: ___________________________ _ f. Cultural/ historical resources: ______________________ _ g. Other: ______________________________ _ Page3of5 DRAFT P-1 (D) Form Rev 6/2023 3. Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. 4. What steps can be taken to mitigate any adverse effects that may result from this project? List the adverse effect first, then the mitigation measure(s) to reduce that effect. Are the following items applicable to the project or its effects? Discuss all items checked "yes" (attach additional sheets as necessary). 5. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 6. Change in scenic views or vistas from existing residential areas or public lands or roads. 7. Change in pattern, scale or character of general area of project. 8. Significant amounts of solid waste or litter. 9. Change in dust, ash, smoke, fumes or odors in vicinity. 10. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 10. Substantial change in existing noise or vibration levels in the vicinity. 11. Site on filled land or on slope of 10 percent or more. 12. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 13. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 14. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 15. Relationship to a larger project or series of projects of the same type in the same general area. Yes No □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Page 4 of 5 DRAFT P-l(D) Fom1 Rev 6/2023 Yes No 16. Site with tree groves, rock outcroppings, or similar resources. □ □ 17. Site with sensitive plant or anima l habitats, defined by the California Endangered □ □ Special Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered Species Act (16 U.S.C. §§ et. seq.); or sensitive, rare, candidate species of special concern; endangered or threatened biological specials or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or the site is immediately adjacent to a corridor or larger area which has wildlife movement. 18. Site has known archaeological or cultural resources from either historic or □ □ prehistoric periods. 19. Site has buildings or structures, including houses, garages, barns, commercial □ □ structures, etc. with extant architecture that are usually more than 45 years old. NOTE: The city requires completion of this form for informational purposes. An affirmative response to any of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form to help expedite the city's environmental review but IS NOT required to complete your application. Formal environmental review does not begin the Land Use Review Application is determined to be complete. A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA time limits would be difficult. To enable the city to comply with the Permit Streamlining Act and CEQA, the case planner will deem an application for a project not received for filing under the statute or ordinance until such t ime that progress toward completing the environmental documentation required by CEQA is sufficient to enable the city to finish the CEQA process within the shorter permit time limit. This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 5 of 5 DRAFf P-1(0) Fonn Rev 612023 • (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov P,US Z 8 2n3 i:=j ACKNOLWEDGEMENT INFORMATION Time limits on the processing of discretionary projects established by State law do not start until a project application is determined to be complete by the city. The city has thirty calendar days from the date of application submittal to determine whether an application is complete or incomplete. The State law, called the Permit Streamlining Act (California Government Code §§ 65920 et seq.), applies to "development projects," which include subdivision maps and most discretionary development permit applications. It does not apply to ministerial actions (such as building permits, lot line adjustments, etc.) and does not apply to legislative actions (such as zoning district or map changes). Permit application intake and project review must not begin unless a "duly filed" application package has been submitted and all required elements are accepted by the Planning Division. For the Planning Division to consider a project application duly filed, the application must be accompanied by all forms, documents and other relevant requirements specified in the Minimum Intake Submittal Requirements Checklist. lf Planning staff finds that the checklist submittal requirements have been provided, the application must be considered duly filed and accepted for intake. The application is assigned a case number, the customer informed that application has been accepted for processing as of the date of intake, and the application routed to Planning Division management for assignment. Under the Permit Streamlining Act, within thirty days of submittal of a duly filed development permit application, you will receive a letter stating whether the Land Use Review Application is complete or incomplete. The case planner must deem an application "complete" pursuant to Government Code § 65943 if the applicant provides all the required information in the Completeness Determination Requirement Checklist. If it is determined "incomplete," the case planner will transmit a letter to the applicant and will state what is needed to make this application complete. When the application is determined "complete," the processing period will start upon the date of the completion letter. The California Environmental Quality Act (CEQA) works together with the Permit Streamlining Act by commencing its environmental review after project application is complete. Development project applications that are not exempt from CEQA and are subject to environmental review are also subject to environmental review processing time limits pursuant to CEQA Guidelines. The State guidelines establish time limits for the three main components of environmental review: 1) the Initial Study; 2) Negative Declaration completion; and 3) Environmental Impact Report completion. These processes and time limits are separate from the time limit and processes of Planning Department review of development project permit applications although the projects go through both processes unless they are categorically exempt. After CEQA review, the Permit Streamlining Act controls again through project decision. 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 please call (442) 339-2600 or email planning@carlsbadca.gov. Pagelof2 P-1(A) Form Rev 6/2023 { City of Carlsbad FINANCIALLY RESPONSIBLE PARTY STATEMENT P-1(J) Development Services Planning Division 1635 Faraday Avenue (442-339-2600 www.carlsbadca.gov /I.US Z 8 2Q23 "{= APPLICATION INFORMATION ~ This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in assignment and there is a new Financially Responsible Party. PART A. Assignment It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review Applications, including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package. Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake fee amount for each application permit type. The amount due and to be received by the city must be based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party in this document is person or persons responsible for depositing, transferring, or has previously sent funds to process the following application. PROJECT NAME, 4 o~o S1.1~t-ii 111l,l--0'?~'1G-- BRIEF PROJECT SUMMARY: Q\2-\!-11\Q>/ ~(CQ..\ a: ~ M1.J...(6M.2Af.f PRoJEcrLoCAnoN, L(o~o S\.l~\:\:t.LL \:l\l. CAQ-®txS), Cit q "J,ool? Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city in an account under the name of the project and/or Financially Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responsible Party at the address below. In the case that the Financially Responsible Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility Form must be completed to authorize transfer of ownership of funds in said account (Section 3 of this document). The Financially Responsible Party may contact the assigned planner to request a new form. Page 1 of 3 P-1 (J) Form Rev 7/2023 PART B. Change in Assignment (New Responsible Party) This portion of the submittal form is to be completed when the Financially Responsible Person changes during the course of processing the application with the City of Carlsbad. Transferring from (to be completed by current Financially Responsible Party): I,------------------~ hereby assign and transfer all rights and financial responsibilities for the following application: PROJECT NAME: __________________________ _ BRIEF PROJECT SUMMARY: ______________________ _ PROJECT LOCATION: ______________________ _ PLANNING CASE NOS.: _______________________ _ Current Financially Responsible Party Signature: ________________ _ Print Name: ___________________ Date: _______ _ Acceptance of Transfer (to be completed by the new Financial Responsible Party): I, _____________ ,, hereby accept financial responsibility for the above-mentioned project from ___________ (FRP, Part A.), effective date. _____ _ New Financially Responsible Party's Legal Name: ________________ _ Address: ______________________________ _ City: _______________ State: ____ Zip Code: _______ _ Phone: ______________ Cell Phone: ____________ _ Email: _______________________________ _ New Financially Responsible Party Signature: _________________ _ To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing. Page 3 of 3 P-1(J) Form Rev 7/2023 B. Parking: Number of existing spaces 2 Number of new spaces proposed --=?, ____ _ Existing/Proposed TOTAL: Number of total spaces required_&=------ Number of covered spaces ~ Number of uncovered spaces _ _:co _____ _ Number of standard spaces 1-- /, Number of compact spaces L-- Is tandem parking existing? Is tandem parking proposed? OYes#_EtNo OYes#_E:fNo C. Grade Alteration: Is any grading proposed? [iJYes D No P-6 If yes, please complete the following: 1. Amount of cut ______________ _cl<.:.-_-,_/_-L-_cu. yds. 2. Amount of fill I f I cu. yds. 3. Maximum height of fill slope '5 feet I ,, 4. 5. 6. Maximum height of cut slope ----------,--'c-c_-__ feet Amount of import or ~"p;;;y'-------~---'(,"--C/'---'-ir _ __:cu. yds. Location of borrow or disposal site -Z &, 9 4 Ca 1~1. c 1,,, C rY s...1-'Dr , Cec cMJ :J.a. CA C,ZO--Z.7 Page3of7 Revised 3/22 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 or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ 00 If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ I!! 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 auidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? □ Ix] 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ Ii] 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 REVOS/22 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To detennine if your project is a PDP, please answer the following questions (MS4 Pennit 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 □ I!) 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 □ l!I impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. ts 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 development proiect includes development on anv natural slooe that is twenty-five percent or oreater. □ l!I 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 □ 00 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. □ l!I 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 □ 00 Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ l!I shop is a facility that is categorized in any one of the folfowing Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or7536-7539. 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 □ !Kl RGO's that meet the fo/fowing criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. ts 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%7 (CMC □ 1K] 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 'ST ANDA RD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Water Ad. Section 303(d) impaired water bodies: areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego: Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page3 of 4 REV 08/22 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 (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 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 □ ~ 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 □ 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). J(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-35'. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Stonn 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. □ 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: J O S E=-:f-'...( ~~.,.J 0 -Applicant Title: ~ j,WC,~ tu~ J -----=:: ----~ -'ZS -'Z-82."!, Applicant Signat . ~ ~ uate: ~~ ~ Page4 of 4 REV08/22 ., .,, □ Other: □ □ infeasible to do so. C. □ BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP (see Fact below. Sheet BL-3) If no BMPs are selected, explain why they are infeasible in the area below. Kl S0-8 o so-e oso-e Direct runoff to pervious areas Install green roofs Install rain barrels D. fx1 BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below (see Fact 1K] SD-K Sustainable Landscaping Sheet BL-4) If SD-K is not selected, explain why it is infeasible in the area below. Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully): Baseline BMPs for Pollutant-generating Sources All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for documenting pollutant-generating sources/ features and source control BMPs. BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. Table 2 -Source Control Requirement A. Management of Storm Water Discharges 1. Identify all proposed outdoor 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? □ Check 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-O SC-E Other Overhead Separation Wind Sanitary Containment covering flows from protection sewer system adjacent areas □ Trash & Refuse Storaae □ □ □ □ D D m Materials & Eauioment Storaae □ □ D D D D E-36 Page 2 of 4 Revised 02122 0 D Loadina & Unloadina D D D D D D D Fuelina D D D D D D D Maintenance & Reoair D D D D D D D Vehicle & Eauioment CleaninQ D D D D D D D Other: Trash Bms D D (E D D !I B. Management of Stonn Water Discharges (see Fact Sheet BL-7) Select one ootion for each feature below: • Stom, drain inlets and catch basins ... iJ are not proposed D will be labeled with stenciling or signage to discouraae dumoina (SC-Fl • Interior work surfaces, floor drains & D are not proposed 1K) will not discharge directly or indirectly to the MS4 sumps ... or receiving waters • Drain lines (e.g. air conditioning, boiler, □ are not proposed fxJ will not discharge directly or indirectly to the MS4 etc.) ... or receiving waters • Fire sprinkler test water ... D are not proposed IKJ will not discharge directly or indirectly to the MS4 or receivina waters Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully): E-36 Page 3 of 4 Revised 02/22 Fonn Certification This E·36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I understand and acknowledge that the review of this form by City staff is confined to a review and does not relieve me as the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for project desian. Preparer Signature: J--<-Vt/~ I Date: 7.27.23 Print preparer name: Joel Valdovinos, P .E. X E-36 Page 4 of 4 Revised 02/22 BEX Studios MAY 1 4 2024 PLANNING J \ ''"' 0 EST) ELEVATION FRONT (W BEX Studios ADU LEFT SIDE (NORTH) ELEVATION For APN/Parcel ID{s): 207-072-21-00 EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 33 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 33, BEING LAND DESCRIBED IN DEED TO FEHCO, LLC, CALIFORNIA LIMITED LIABILITY COMPANY RECORDED AS DOCUMENT NO. 2021-0593473 OF OFFICIAL RECORDS; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, SOUTH 78°23'53" WEST 84.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHERLY LINE OF LOT 33, SOUTH 08"49'00" EAST 89.94 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND; THENCE, ALONG THE SOUTHERLY LINE OF SAID FEHCO, LLC LAND, SOUTH 75°33'32" WEST 156.52 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 33, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID FEHCO, LLC LAND, ALSO BEING IN THE EASTERLY LINE OF SUNNYHILL DRIVE, ALSO ON THE ARC OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1,970.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75"33'32" WEST; THENCE, LEAVING SOUTHERLY LINE OF SAID FEHCO, LLC LAND, NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 33 AND FEHCO, LLC LAND, ALONG THE ARC OF SAID CURVE A DISTANCE OF 97.63 FEET THROUGH A CENTRAL ANGLE OF 2°50'21" TO THE NORTHWESTERLY CORNER OF SAID LOT 33; THENCE, LEAVING WESTERLY LINE OF SAID LOT 33, ALONG THE NORTHERLY LINE OF SAID LOT 33, NORTH 78"23'53" EAST 163.12 FEET TO THE TRUE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 15, 2022, AS INSTRUMENT NO, 2022-366010 OF OFFICIAL RECORDS. Cl TA Preliminary Report Form -Mod~ied (Adopted: 11.17.2006) Printed: 05.22.23 @02:59 PM CA-CT -FWDC-02180.055820-SPS-1-23-73723002763 nue No.: 73723002763-PM 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 2023-2024. 2. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 2022-2023 and subsequent years. Taxes are not available at this time. Affects: Tax Identification No .. 207-072-21-00 3. 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: 207-072-06-00 2022-2023 $10,873.47 $10,873.47 None 09000 Affects: A portion of the Land described herein. 4. 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: 2nd Installment: Penalty: Delinquent: Code Area.: 207-072-06-00 2021-2022 $8,888.90, Paid $8,888.90, Unpaid $898.89 July 31, 2023 09000 Affects: A portion of the Land described herein. CL TA Preliminary Report Form -Modified (Adopted. 11.17.2006) • Printed. 05.22.23@ 02:59 PM CA-CT-FVIID0..021 60.055820-SPS-1-23-73723002763 Title No.: 73723002763-PM EXCEPTIONS (continued) 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. 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 18, 1950 Recording No: Book 3586, Page 359, of Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. Matters contained in that certain document Entitled: Facilities and View Recording Date: Declaration of Real Covenants and Equitable Servitudes Relating to Common Drainage September 23, 2022 Recording No.: 2022-0374623, of Official Records Reference is hereby made to said document for full particulars. 9. Matters contained in that certain document Entitled: Recording Date: Recording No.: View and Air-Space Easement Agreement October 20, 2022 2022-0407034, of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Fom, -Modified {Adopted: 11.17.2006) Printed: 05.22.23@ 02:59 PM CA-CT-FWD0-021 80.055820-SPS-1-23-73723002763 EXCEPTIONS (continued) Title No.: 73723002763-PM 10. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $1,560,000.00 October 19, 2022 Cameron Rosenhan and Shannon Rosenhan, husband and wife as joint tenants U.S. Bank Trust Company, National Association U.S. Bank National Association 2201537029 October 20, 2022 2022-0407035, of Official Records 11. 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. 12. 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. 13. In order to complete this report, the Company requires a Statement of Information to 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 Information 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 Information is essential and will be kept strictly confidential to this file. 14. Furnish for review a full and complete copy of any unrecorded agreement, contract, license andlor lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006) ' Printed: 05.22.23@ 02:59 PM CA-CT-FWD0-021 B0.055820-SPS-1-23-73723002763 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Title No.: 73723002763-PM 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. lf 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: Granter: Elizabeth A. Mahin and Robert T. Mahin, Trustees of The Chilton A. And Joan Mahin Family Trust Dated June 22, 2009 Grantee: FEHCO, LLC, California Limited Liability Company Recording Date: August 20, 2021 Recording No.: 2021-0593473, of Official Records Granter: Grantee: Recording Date: Recording No.: Fehco, LLC, a California Limited Liability Company Cameron Rosenhan and Shannon Rosenhan, Husband and Wife as Joint Ten ants October 20, 2022 2022-0407033, of Official Records CLTA Preliminary Report Form -Modified {Adopted: 11.17.2006) Pnnted: 05.22.23 IJII 02:59 PM CA-CT-FW00-021 ao.055820-SPS-1-23-73723002763 ' Title No.: 73723002763-PM NOTES (continued) Note 7. Pursuant to Govemment Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. Note 8. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. Note 9. 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 10. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Single Family Residence, known as 4080 Sunnyhill Drive, in the City of Carlsbad, State of California, to an Extended Coverage Loan Policy. Note 11. 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. lf 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 AL TA Information Collection Form ("ICF") prior to closing the transaction contemplated herein. END OF NOTES CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) ' Printed: 05.22.23@ 02:59 PM CA-CT-F'NDC-02180.055820-SPS-1-23-73723002763 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 Information, 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"). "Personal Information" means information that identifies, relates to, describes, and is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If FNF has collected, used, or disclosed your Personal Information in relation to a job application or employment, independent contractor, officer, owner, or director relationship with FNF, FNF's practices are discussed in our Notice at Collection for Prospective Employees, available at Prospective California Employees. 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 lnfom,atlon: In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal Information 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, passport number, financial information, date of birth, or other similar identifiers; • Characteristics of protected classifications under California 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 activity information including, but not limited to browsing history on FNF websites, and information regarding a Consumer's interaction with an FNF website; • Geolocation data; • Professional or employment information; • Education Information. This personal Information is collected from the following sources: • Information we receive from you on applications or other forms; • 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 from internet service providers, data analytics providers, and social networks; • Information from the use of our websites and mobile applications; • Information we receive directly from you related to doing business With us. 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; Pn~acy Statement SCA0002S65_CTLA.doc Printed 05.22.23@ 02 59 PM by CA-CT-FWDC-02180.055820-73723002763 • To maintain an account with FNF or our affiliates; • To provide, support, personalize, and develop our websites, products, and services; • To directly market our products to consumers; • As described to you when collecting your Personal lnfonnation or as otherwise set forth in the California Consumer Privacy Act. Disclpsures of Personal lnfonnation fpr a business purpose: In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal lnfonnation listed above for a business purpose. We may disclose Personal lnfonnation for a business purpose to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your prior consent: • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service Providers and non-affiliated third parties such as internet service providers, data analytics providers, and social networks; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Sale pf Personal Information: In the preceding twelve (12) months, FNF has not sold or shared Personal lnfonnation. FNF does not sell or share Personal Information. Retention Periods: Due to the breadth and variety of data collected by FNF, it is not possible for us to provide you with a comprehensive list of timeframes during which we retain each category of Personal Information. FNF retains categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This time period varies depending on the purpose for which we collected the information, the nature and frequency of our interactions and relationship with you, whether we have a legal basis to continue retaining the information, industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements. Personal lnfonnatlon of minors: FNF does not knowingly collect the Personal Information of minors. FNF does not sell or share the information of consumers under sixteen (16) years of age. Sensitive Personal lnfonnation: FNF does not use or disclose sensitive Personal Information for any purposes other than those specified in the California Consumer Privacy Act. Right to know: Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including the categories of such Personal lnfonnation, as well as the purpose for such collection, use, disclosure, sharing, or selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific pieces of Personal Information collected about the Consumer. Consumers have the right to request FNF disclose what Personal Information it collected, used, and disclosed in the past twelve (12) months, or since January 1, 2022. Right to request deletion: Consumers have a right to request the deletion of their Personal Information, subject to certain exceptions. Pn~acy Statement SCA0002565_CTLA.doc: Printed: 05.22.23 @02:S9 PM by CA·CT-FWD0-021 80.055820-73723002783 Right to Correct: Consumers have the right to correct inaccurate Personal lnfonnation. Right to non-discrimination: Consumers have a right not to be discriminated against because of exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights. Privacy Requests: To exercise any of your California Privacy Rights, or if acting as an authorized agent on behalf of another individual, please visit California Privacy Request, call us Toll Free at 888-413-1748, or write to the address at the end of this notice. Upon making a California Privacy Request, FNF will verify the Consumer's identity by requiring an account, loan, escrow number, or other identifying infonnation 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. A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents' requests will be processed like any other CCPA request, but FNF will also require the Consumer provide the agent written pennission to make the request and verify his or her identity with FNF. FNF website services for mortgage loans: Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer infonnation on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice describing the categories, sources, and uses of your Personal lnfonnation do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your lnfonnation. 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 1, 2023. 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 visit California Privacy. call Toll Free 888-413-1748, or contact us by mail at the below address. PMvncy Statement SCA0002565_CTLA.doc Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Printed 05.22.23@ 02.59 PM by CA-CT-FWD0-02180.05S820-73723002763 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • 1990 (11-09-18) 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, prohibIling or relating (1) the occ1..pancy, 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 ov.nership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Arr-J governmental police power not eKcluded by (a) above, except to the e>dent that a notice of the e,rerclse thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recOfded in the public records al Date of Policy. 2. Rights of eminent domain unless notice of the eKercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knov.tedge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy. but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Comparr-J, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Comparrt by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or fa\lure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, v.tlich 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 or interest insured by this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal banlm.Jptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which anse by reason of: 1. Taxes or assessments v.tlich are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but v.tiich 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 which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservatiol'IS 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 shov.n by the public records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II {Variable exceptions such as taxes, easements, CC&R's, ere., are inserted here) Attachm"nt On" (11104122.) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY (02-1>4-22) EXCLUSIONS FROM COVERAGE The follo\Nlng matters are 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. a~ law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment ofthe Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any go11emmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed. or agreed to by the Insured Claimant; b. not Knov,n to the Company, not recorded in the Public Records at the Date of Policy, but Knov,n to the Insured Claimant and not disclosed In writing lo 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting tn loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title al the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights law, that the transaction vesting the Title as ShO'M"l in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shO'Ml in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or imit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7 Any discrepancy In the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some hlstorlcal land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any Discriminatory Covenant In a document referenced In Schedule B as If each Discriminatory Covenant Is redacted, repudiated, removed, and not republished or reclrculated. Only the remaining provisions of the document are excepted from coverage, This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PARTI 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies laxes or assessments on real property or by the Public Records; {b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the recOfds of such agency or by the Public Records. 2. My facts, rights, interests, or claims that are not ShO'Ml by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances. or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Tille that would be disclosed by an accurate and complete land survey of the Land and not shcr,vn by the Public Records at Date of Policy. 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 PubWc Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public RecOfds at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, day, rock. sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise: and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. PART II (Variable exceptions such as taxes. easements, CC&R's, etc., are inserted here) Attachment One (11/0022) ATTACHMENT ONE (CONTINUED) CL TA/ALT A HOMEOWNER'$ POLICY OF TITLE INSURANCE (7--01-21) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or Iv. environmental remediation or protection. b. any governmental forfeiture. police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. E:ii:clusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any p~r to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien. encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded In the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f .. 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A: and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exdusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures. or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act: or c. preferential traMfer: i. to the extent the instrument of transfer vesting the Tille as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments, imposed or coRected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 ('M"lichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 ('M"lichever is less) Qur Maximum Dollar Limit of Liability S 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One (11104/22) ATTACHMENT ONE (CONTINUED) CLT A/ALT A HOMEOWNER'$ POLICY OF TITLE INSURANCE (12--02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power. and the existence or violation of those portions of any law or government regulation concerning: a. building: b. zoning; c. land use; d. Improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance With applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known lo You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date: c. that result in no loss to You: or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b. in streets, alleys, or waterways that touch the Land. This 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. LIMIT AT IONS ON COVERED RISKS Your Insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar limit of liability ShO'Nl"I in Schedule A. The deductible amounts and maximum doUar limits shown 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 Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount ShOMl in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar limit of liability $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment On11 (11104122) ATTACHMENT ONE (CONTINUED) ALTA OWNER'S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or Iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect Hen, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed lo by the Insured Claimant; b. not Known to the Company, not recOfded In the Public Records at the Date of Policy, but Known lo the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale 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 the Date of Policy (Exclusion 3.d. 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 consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been gillen for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, slate insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown In Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not staled In Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments. imposed or collected by a governmental authority that becomes due and payable after the Dale of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some hlstorlcal land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any Discriminatory Covenant In a document referenced In Schedule B as If each Discriminatory Covenant Is redacted, repudiated, removed, and not republlshed or reclrculatad. Only the remaining provisions of the document are excepted from coverage, This policy does not insure against loss or damage and the Company wiR not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 AL TA Owner's Policy may be issued to afford eith&r Standard coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from coverage in a Standard Coverage policy will also include the We stem Regional Standard Coverage Exceptions listed as 1 through 7 below: 1. (a) Taxes or assessmenls 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 assessmenls, 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 at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Ease men ls, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Tide that would be disclosed by an accurate and complete land survey of the Land and not shO"Wll by the PubUc Records at Date of Policy. 5. (a) Unpatenled mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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, malertal or equipment unless such lien is shO"Wll by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite. oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception. conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. Attachment One (11104122) ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Toe following matters are e)(pressly 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, pemiit, 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 subdMsion 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) Arrt 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 KnO'Nll to the Company, not recorded in the Public Records at Date of Policy, but KnO'Ml 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 Dale of Policy (however, this does not modify or limit the coverage provided under Covered Risk g and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tille. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesling the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 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 shO'Nll In Schedule A. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage. and the Company will not pay costs, attorneys' fees, or e>q>enses that arise by reason of: NOTE: The 2006 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements. CC&R's, etc., the Exceptions from Coverage in a Standard Coverage po/Icy will also include the We stem Regional Standard Covetage Exceptions listed below as 1 through 1 below: 1. (a) Taxes or assessments that are not shO'Ml as existing liens by the records of any taxing authortty that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings. Whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances. or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land su,vey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereat, (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, mater1al or equipment unless such lien is shown by the Public Records at Date of Policy.] 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium. day, rock, sand, and gravel located in, on, or under the Land or produced from the Land, Whether such ownership or rights arise by lease, grant, exception, conveyance. reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, Whether or not the interests or rights excepted in {a) or (b) appear in the Public Records or are shown in Schedule B. Attaehment One (11104122) 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'1 must deliver a notice 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 Underwritten 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 -Ticer Title Company of California L TC -Lawyer's Title Company SLTC -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, wi11 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 Ava1lal:lle Discounts SCA0002565_CTLA.doc I Updated: 12.18.20 Printed: 05.22.23@ 02 S9 PM CA-CT-FWDD-02180.055820-73723002763 STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION FOR YOUR PROTECTION (continued) PRIOR MARRIAGE(S) and PRIOR DOMESTIC PARTNERSHIP(S) Any pntlr marriages or domestic partnenhips for ellhe, person? ____ If yes, complete the folowi,g: Po1or spouse's (Party A} name: ____________ Prior Spouse of Party A: Marriage ended bY" D Death O DIwrce/Dlssolution D Nuliffca~on Date ol Dealh/Diwrce: ___________ _ Prior spoose's (Party B) name: ____________ Prior Spouse of Party B: __________ Spouse Mamage ended by: D Death D Divcrce/Dissolutk>n D NuHification Date of Dea\h/Diwr<:e. ___________ _ ~! fflOftl -i• required, ..., --old• ol farm) INFORMATION ABOUT THE PROPERTY Buyer ;ntends to n,sId11 on the property in this transacboo: D Yes O No Owner to complete the followlng Items Street Address of Property in this transaction. _____________________________ _ Toe land is D u™mpmved, or improved With a structure of the following type: D ASIP'>l!le or 1-4 Family D Cor.io Un~ D Qlher __ _ lmprowments, nomo<l&ll"lg or repairs to this property haw been made wllhln tt,e past s0[(6) months: 0 Yes D No If v,,s, have all costs for labor and materials arising In connection lhare"""1 been paid in ful? □Yes □No Any CIITllnt loans on pro?8f'IY? _____ II yes, complete the lolowing: Lender Loan Amount ___________ Loan Account No. _______ _ Len<ler Lean Nnount Lean Account No. The undersigll8d declare, under penalty of perjury. 11\a\ the fOl'eQCling is tn.ie end corn>CI. IN WITNESS WHEREOF, the unders~ned haw executed this document on the date(•) setlorth below. P~nt Name Print Name Signature Signature (Note: If applicable, both sp0uses/domestic partners mi.1$\aign.) THANK YOU. s1a1....-of lnfc,mrion (\JE-34 (Rev. 06-08)) SCA0000279do<:1Updated 10.10.19 P0"1ed: 05.22.23 C 03·00 PM Ill' CA-CT -FWOC>-02180 0551120-737230027EJ This map/plat is being furnished as an aid in localing the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. "DECLARATION OF REAL COVENANTS AND EQUITABLE SERVITUDES RELATING TO COMMON DRAINAGE FACILITIES AND VIEW EASEMENT", recorded in the Official Records of the County of San Diego, Document No. 2022- 03 74623, recorded on Sep 23. 2022, which is incorporated as though fully set forth herein. In the event of any conflict, this Agreement shall control. GRANT AND AGREEMENT REGARDING EASEMENT. I) lncorporatiQn .. ofRecitals. Grantor and Grantee hereby incorporate the Preamble and Recitals above as though fully set forth in the operative agreement and grant provisions herein. 2) Grant. For good and valuable consideration, the receipt of which is hereby acknowledged, Granter grants to Grantee and Grantee's successors, heirs, and assigns: a. an easement to the Easement Area for view, light, air, and an unobstructed view of the Pacific Ocean, from the surface of the court at grade on the westernmost side of the Dominant Tenement; and b. an exclusive use easement to the air-space of the Easement Area for all purposes. These easements are collectively referred to as the "Easements." 3) Character of Easements. The Easements granted in this Agreement are Easements appurtenant benefiting the Dominant Tenement, burdening the Servient Tenement. 4) Pescription of Easements. Grantee's Dominant Tenement lies immediately to the East of the Servient Tenement. The Easements granted in this Agreement are, respectively, an easement to the Easement area for the purpose of view, light, and air, and an unobstructed view of the Pacific Ocean, and an exclusive use easement to the "air-space" of the Easement Area for all purposes. No part of the Easement Area shall be obstructed by grading, filling, landscaping, construction, improvements, development, or any natural or man-made processes of any form (collectively '"Structure" or "Structures") in any way whatsoever if the result of such Improvements would be to enter or obstruct the Easement Area or the view, light or air to or from the property of the Grantee flowing therefrom. This Easement shall run to the heirs, successors, and/or assigns of Grantee, and shall operate without regard for changes to the Improvements now present or later to be erected on the Dominant Tenement, and shall be perpetual. 5) SecondaO' Easements. The Easements granted in this Agreement include the following incidental rights, exercisable upon reasonable notice: ingress and egress over, across, and through the Servient Tenement to reach, clear, and/or recover the Easements and Easement Area. 6) Covenants for Maintenance and Insurance. Grantor covenants and agrees to maintain and insure the Servient Tenement and Easement Area at its sole cost and responsibility, and to hold Grantee harmless from same. 'Jhe insurance and maintenance covenants in this VIEW AND AIR-SPACE EASEMENT AGREEMENT Page 2 Order· 73723002763 Page 2 of 14 Requested By: Chicago San Diego Re54dential Nextace , Printed. 5/22'2023 2 09 PM Doc: 2022-407034 AGREAS 10-20-2022 provision shall be deemed satisfied and adequate so long as they are the same in frequency and substance as to which Grantee maintains and insures the Dominant Tenement. 7) Nuisance. In addition to any remedies available at law or equity, Grantor and Grantee acknowledge that any obstruction of the Easements or Easement Area shall be a private nuisance within the meaning of California Civil Code § 3481, affecting Grantee. 8) No Waiver. The failure of Grantee to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party with its obligations under this Agreement, and any custom or practice of the parties at variance with the terms of this Agreement, shall not constitute a waiver by Grantee of its right to exercise any such or other right, power or remedy or to demand such compliance. In particular, and without limitation of the foregoing, the presence of landscaping or trees in the Easement Area shall not constitute waiver of the foregoing, and Grantee may at any time require the trimming and/or removal of said trees and landscaping in its sole and absolute discretion. 9) Miscellaneous, a. Attorneys Fees and Costs, In the event that any suit or action (including, without limitation, mediation or other form of alternative dispute resolution) is instituted to enforce any provision in this Agreement, the prevailing party shall recover its expenses (including, without limitation, costs, fees, and reasonable attorneys' fees) incurred in connection with the suit, action, and any appeal or related remedy or proceeding. b. Governing Law; Jurisdiction. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the Jaws of the state of California, without giving effect to principles of conflicts of law. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of San Diego County, California. c. Entire Agreement. This Agreement, together with all other documents referenced and/or incorporated herein, together, set forth the entire agreement and understanding of the parties relating to the subject matter herein, and supersede all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between them relating to the subject matter hereof. d. Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. e. Successors and Assigns. Except as otherwise provided in this Agreement, this Agreement, and the rights and obligations of the parties hereunder, will be VJEW AND AlR-SPACE EASEMENT AGREEMENT Page 3 Order: 73723002763 Page 3 of 14 Requested By· Chicago San Diego Residential Nextace , Printed· 5122/2023 2-09 PM Doc 2022-407034 AGREAS 10-20-2022 binding upon and inure to the benefit of their respective successors-in-interest to their respective properties, and shall run with the land. f. Notices. Any notice, demand or request required or permitted to be given under this Agreement shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email, or 48 hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party's address of record with the San Diego County Tax Assessor, unless modified by written notice sent by such party. g. Severabjlity. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of Agreement as closely as possible in an acceptable manner to the maximum extent possible. h. Construction. This Agreement is the result of negotiations between and has been reviewed by each of the parties hereto and their respective counsel. if any; accordingly, this Agreement shall be deemed to be the product of all of the parties hereto, and no ambiguity shall be construed in favor of or against any one of the parties hereto. 1. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and all of which together shall constitute one and the same agreement. SIGNATURES ON FOLLOWING PAGE VIEW AND AIR-SPACE EASEMENT AGREEMENT Page 4 Order: 73723002763 Page 4 of 14 Requested By: Chicago San Diego Residential Nextace , Printed: 5/2212023 2:09 PM Doc 2022-407034 AGREAS 10-20-2022 Order: 73723002763 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON 11IE DOCUMENT TO WHICH THIS STATEMENT IS A IT ACHED READS AS FOLLOWS: NAMEOFNOTARY: JODJV.SCHMALTZTATUM COMMISSION #: 2369784 DATE COMMISSION EXPIRES: September I, 2025 COUNTY WHERE BOND IS FILED: SAN DIEGO MANUFACTURER OR VENDOR NUMBER: NXCI TITLE COMPANY: SIGNATURE: ___ _::,,,,._=::".:JI___,, Lourdes Banuelos PLACE OF EXECUTION: SAN DIEGO DA TE: October 20, 2022 Page 8 of 14 Requested By Chicago San Diego Residenbal Nextace , Printed: 5!22/2023 2·09 PM Doc: 2022-407034 AGREAS 10-20-2022 Order: 73723002763 CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7 SAN DIEGO PLACE OF EXECUTION I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE AND EXACT COPY OF THE ORIGINAL MATERIAL CONTAJNED IN THIS DOCUMENT. STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON OCTOBER 19, 2022 , BEFORE ME, CHRISTINE M. PATTERSON, A NOTARY PUBLIC PERSONALLY APPEARED JEFFREY SACHS AND LISA SACHS WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON{S) WHOSE NAME{S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHEffHEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY{IES), AND THAT BY HIS/HER/THEIR SIGNATURE{$) ON THE INSTRUMENT THE PERSON{S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE, _______ {SEAL) DATED: )0-:;)O-d0dd" ( _l) SIGNATURE OF DECLARANT: -------~-+-------- LOURDES BANUELOS FIRST AMERICAN TITLE SAN DIEGO, CA Page 1 0 of 14 Requested By· Chicago San Diego Residential Nextace , Printed: 5/22/2023 2:09 PM Doc· 2022-407034 AGREAS 10-20•2022 Order· 73723002763 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS A TI'ACHED READS AS FOLLOWS: NAME OF NOTARY: CHRISTINE M. PATTERSON COMMISSION#: 2303259 DATE COMMISSION EXPIRES: September 25, 2023 COUNTY WHERE BOND IS FILED: SAN DIEGO MANUFACTURER OR VENDOR NUMBER: VSil TITLE COMPANY: First American Title SIGNATURE:-----~-~:..,._ Lourdes Banuelos PLACE OF EXECUTION: SAN DIEGO DATE: October 20, 2022 Page 11 of 14 Requested By. Chicago San Diego Residential Nextace , Printed 5122/2023 2:09 PM Doc-2022-407034 AG REAS 10-20-2022