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HomeMy WebLinkAboutCUP 2018-0014; FIRE STATION NO. 2; Conditional Use Permit (CUP)( City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME Carlsbad Fire Station #2 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: Steve Stewart -City of Carlsbad Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The City of Carlsbad (City) proposes to demolish the existing fire station located at 1906 Arenal Road, Carlsbad, California, and construct a new fire station at the same location (Project). The new station would meet the operational needs, goals, and policies of the Carlsbad Fire Department and the City. The new station would be approximately 11,779 square feet (ft2) and would be constructed on approximately 0.4 acre of a 0.56 acre lot in the same location as the existing station, though the new station would be a two-story facility replacing to the existing single-story station. P-1(6) Page 1 of 1 Revised 07/10 ENVIRONMENTAL INFORMATION FORM {To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. 2. 3. 4. 5, 6. 7. 8, 9. Name of project: Carlsbad Fire Station #2 Name of developer or project sponsor: City of Carlsbad -Public Works Department Address 1635 Faraday City, State, Zip Code: Carlsbad' CA Phone Number 760-602-7543 Steven Stewart , Municipal Projects Manager Name of person to be contacted concerning this project: ____________ _ Address 1635 Faraday City, State, Zip Code: Carlsbad' CA Phone Number 760-602-7543 Address of Project: 1906 Arena I Road Assessor's Parcel Number: 215-140-1900 -------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Conditional Use Permit Used for a fire station -zoned O to 4 dwellings per acre Existing General Plan Land Use Designation: _______________ _ Existing zoning district R-4 per General land use map -Zoned R-1 Existing land use(s): Fire Station Proposed use of site (Project for which this form is filed): New two story fire station to replace the existing station. Project Description 10. Site size 0.56 Acres -0.4 acres already developed 11. 12: 13, 14, P-1{D) Proposed Building square footage: 10,945 SF (Gross) Number of floors of construction: .::2::_ _________________ _ Garage for 3 fire engines, 9 staff parking) 3 public parking Amount of off-street parking provided: Associated projects: ______________________ _ Page 2 of4 Revised 07/10 15. 16. 17. 18. 19. P-1(D} If residential, include the number of units and schedule of unit sizes: 0N'-"/_,A_,_ ______ _ If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 0N,::IAc._ ___________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/_A ___ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 0N,::IAc._ ______ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: The project requires a conditional use permit because the existing building is one story and we are replacing it with a two story building. Page3of4 Revised 07110 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official. 1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. I Step 2: OAP u, .. u,.. Conslateney ... , I Checklist Item Yes No NIA I (Check the ~opriate box aid provide explc11ation for your c11swer) Residential, Commercial and Industrial Photovoltaic Systems I 1. Residential Photovoltaic Systems Does the project include photovoltaic systems with a minimum average system □ □ □ size of 1.6 kilowatts2 for each residential un~? Check "NIA" only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems For new nonresidential projects with more than 50 cars surface parked or on roofs of parking structures, would the project include photovUltaic panels over at least half of the surface/roof-parked cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)? □ □ □ OR Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not oontain any non-residential buildings or provides 50 or fewer parking spaces. Efficient Lighting Standards I 3. LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be □ □ □ oomprised of LED or other similarly efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Heating • Residential Units: Does the project include a solar water heating system capable of producing 2,300 kWh/yearor 112 therms/year of total energy required for water heating? • Commercial Projects: Does the project in dude a solar water heating □ □ □ system capable of producing at least 50 perr.ent of total energy required for water heating? • Restaurants of 8,000 §9Uare feet or greater with a service water heater rated 75,000 Btu/h or greater: Does the project include installation of a 1 Actions that are not subject to Step 2 would include, for example: 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result in new occupancy buildings from which GHG emissions reductions could be achieved, the Items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist I .__2: t». r.t••~COnatstency ,., .~ , I :.., ~ ' : • • I • .--•." Checklist Item Yes No NIA I (Check the ~propriate box and provide explcriation for your answer) solar water-heating system with a minimum solar saving fraction of 0.15 oonsistent 'Mth non-residential voluntary standards of the Calfomia Green Building Standards Code?3 Exceptions to this measure include: 1. Buildings 'Mth a natural gas service water heater with a minimum of 95 percent thermal efficiency. 2. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent Solar access is the ratio of solar insolation induding shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to indude heat pump water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not oontain any residential or non-residential buildings. Transportation Demand Management j 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project include a transportation demand management (TOM) plan reviewed and approved by the City of Carlsbad Transportation Division (see Attachment A, □ □ □ Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if it would not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (ZEV) Travel I 6. Zero-Emission Vehicle Infrastructure • One-and two-famil~ dwelliogs and tovmhouses with attached ~rivate garages: Would the required parking serving each new dwelling be "EV Ready"4 to allow for the future installation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? • Multi-Famil~ P[Qjects of fewer than 17 dwelling units: Would a minimum of one parking space be "EV Ready" to allow for the future installation of □ □ □ electric vehide supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? • Multi-Famil~ Projects of 17 or more dwelling units: Would five percent of the total parking spaces required, or a minimum of two spaces, whichever is greater, be "EV Capable"5 to allow for the future installation of electric vehicle supply equipment to provide electric vehicle cliarging stations at such time as it is needed for use by residents? Of the total "EV Capable" spaces provided, would 50 percent of them, or a minimum of one, 3 Btu/h=Britlsh thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. • "EV Ready" means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates into a cabinet. box or enclosure, in a manner approved by the building official. 5 "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel in a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist I itep 2:,,QM,_.,_.urei.~naa.tency Checklist Item (Check the wopnate box ood provide explaiation for your answer) whichever is greater, have the necessary electric vehide supply equipment to provide active charging stations ready for use by residents and guests? • Non-residential projects: Would six percent of the total parking spaces required, or a minimum of one space, whichever is greater, be "EV Capable" to allow for the fub.Jre installation of electric vehide supply equipment to provide electric vehide charging stations at such time as tt is needed for use by future occupants? Of the total "EV Capable" spaces provided, muld 50 percent of them, or a minimum of one, whichever is greater, have the necessary electric vehide supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System Improvements 7. For one-and two-family residential projects, does the project indude: • Waste piping to perrntt the discharge of greywater to be used for outdoor irrigation in compliance with Section 1502 of the California Plumbing Code?6 Check "NIA"~ the project does not indude residential buildings. Yes □ . ' ·, . ; ' ~ I No NIA I □ □ e Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 Attachment ''A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date of Architect/Developer TDM Plan: _______ _ PHASE I: ARCHITECT/DEVELOPER SECTION I: GENERAL INFORMATION Developer: Architect/Developer: domusstudio Primary_~ontact: Mailing Address: Phone: Email: ' -1 Amanda Rooney 286Cfthird Avenue San __ [)iego,CA 92103 619-692-9393 manda.rooney@domusstudio.com SECTION II: PROJECT INFORMATION Project Address: 1906 Arena! Road Carlsbad, CA 92009 SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management he proJect consists of replacing a fire station m Kind. It will not have any af- ect on transportaiotn SECTION IV: FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans. Include the number of amenities within each category as well as a site map. Please list at least one item from each of the six categories. 1) Bike Parking Requirements l2SJ Secure Bicycle Parking 0 Bikes available for employees [XI End-of-trip facilities such as showers and changing rooms with lockers Updated 10/6/2016 8 CLTA Preliminary Report Form (Rev. 11/06) Order Number: DIV-5165958 Page Number: 1 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: Updated First American 1itle First American Title Company 7676 Hazard Center Drive, Ste 1100 san Diego, CA 92108 California Department of Insurance License No. 151 DIV-5165958 (04) Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@firstam.com Fire Station on Arenal Road Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this COITfJany hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Pohcy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set fortt, in Exhibit A attached. "The t,ollr:J, lo be 1ss1.Je(f ,nqy r:O1Jtilm qn qrb1trM101J r;lq1.,se. When the -'linou/Jt of lns/Jrilnce is less thiln thi'itset forth,,, Me qrbitriltlOIJ clil/.JSe, Ml qrbitrqble rr,qtt,,rs shqll be dtb,trated ill the or,t,on of either the corr,,:,qny or the Insureo qs the e:;;,:/1.,s,ve rerr, eOJ, of /he aa,tles. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverc19es are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exduslons are meant to provide you witfl notice of matters which are not covered under the terms of ttie title Insurance policy and should be carefully considered, It is important to note that this preliminary report is not a written representation as to Uie condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amerldments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First Arr, er/can /itle Page 1 of 14 -.. Order Number: DIV-5165958 Page Number: 2. Dated as of July 12, 2018 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: City of Carlsbad, a municipal corporation Toe estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018 are exempt. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 4. Covenants, conditions, restrictions and easements in the document recorded November 19, 1964 as Instrument No. 211058 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in catifornia Government Code§ 1295S(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or california Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded July 09, 1965 as Instrument No. 123019 and September 30, 1965 as Instrument No. 178153, both of Official Records. f:irst ,qni er/can "Title Page 2 of 14 Order Ni:.,nber: DIV-5165958 Page Number: 3 5. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement" recorded February OS, 1965 as Instrument No. 21960 of Official Records. The effect of a document entitled "Quitclaim", recorded July 01, 1965 as Instrument No. 118383 of Official Records. 6. Water rights, claims or title to water, whether or not shown by the public records. 7. Rights of parties in possession. First.lln,erlcd/7 litle Page 3 of 14 INFORMATIONAL NOTES Order Number: DIV-5165958 Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is a Fire Station. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First .-ini erican title Page 4 of 14 LEGAL DESCRIPTION Order Number: Dtv-5165958 Page Number: 5 Real property in the unincorporated area of the County of San Diego, State of California, described as follows: LOT 133 OF lA COSTA VALLEY UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 29, 1964. APN: 215-140-19-00 First ,'ltn ericcJrr ritfe Page 5 of 14 NO tlCI Order l~umber: DIV-5165958 Page Number: 7 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. F:irst Arn eri,:qr, I/tie Page 7 of 14 First American Title First "lrn ericen /1'tle Page 8 of 14 Order Number: DIV-5165958 Page Number: 8 First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 (619)238-1776 WIRE INSTRUmONS for Order l'lu,nber: DIV-5165958 Page Number: 9 First American Title Company, Demand/Draft Sub-Escrow Deposits 5an Diego County, California PAYABLE TO: BANK: ADDRESS: ACCOUNT NO: ROUTING NUMBER: First American Title Company First American Trust, FSB 5 First American Way, Santa Ana, CA 92707 3008270000 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: Fire Station, carlsbad, CA FILE NUMBER: DIV-5165958 (04) PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Korey Mulvey AT (619)231- 4670 OR kmulvey@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDITIONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER}CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTW FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDmQNAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. First ,qrr,erlcan /!tie Page 9 of 14 EXHIBIT A Order Number: DIV-5165958 Page Number: 10 UST OF PRINTED EXCEPTIONS ANO EXCLUSIONS (BY POUCY TYPE) CL TA/ALTA HOMEOWNER'S POUCYOF TTnE INSURANCE (02-03-10) 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, 15, 18, 19, 20, 23 or 27. 2. Toe 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 to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; Of" (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 25, 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 toudi 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. UMITATIONS 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. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 {whichever is less) Covered Risk 21: 1% of Policy Amount oc $2,500.00 {whichever is less) Our Maximum Dollar Limit of Liabmtv $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TTnE INSURANCE POUCY (6-1-87) 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 any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters whidi appear in the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: First ,<!tn er/car, !!tie Page 10 of 14 (a) a notice of exercising the right appears in the public records on the Policy Date Order Number: DIV-5165958 Page Number: 11 (b) the talcing happened prior to the Poky Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or re!at1ng to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceab1hty in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authonty and created or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b), The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of; 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. f:irst A /"/J eriNr, ritle Page 11 of 14 Order Number: DIV-5165958 Page Number: 12 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. s. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or government.al regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environment.al protection; or the effect of any violation of these laws, ordinances, or government.al regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any government.al police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not mcxlify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk g or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Sdledule 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. S. Any lien on the Title for real estate t.axes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: L (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies t.axes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result int.axes or assessments, or notices of suet, proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that ,ire not shown by the Publlc Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. S. (a) Un patented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: f:irst ~ rn erical/ rme Page 12 of 14 Order Number: DIV-5165958 Page Number: 13 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (1i) the character, dimensions, or location of any improvement erected on the Land; (iii) the sutxlivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power, This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. s. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First Arn ericar, 'ritfe Page 13 of 14 ~ I Rrst American 1it/e _,,.,, Privacy lnfonn;1tlon We Are Committed to Safeguarding Customer lnfonnatlon Order Number: DIV-S16S9S8 Page Number: 14 In order to better serve your needs now ar<l In the future, we may ask you to provide us with ce<taln lnformatiOn. We understar<l that you may be coocemed aOOut what we will do with such information • J)ilrtJcular,V any personal or financial Information. We agree that you have a right to know how we will uHlize the personal lnformatlOO you provide to us. Therefore, together w1th our suD'li<banes we have adopted this Privacy Poll,;y to govern the use and har<lllng of your personal Information. Applicability This Privacy Polley governs oor use of the information that you provide to us. Jt does not govern the manrier In which we may u.., 1nformati0n we have obtained from any other source, soch as mformatlon obtained from a public record or from .-nether person or enHty. First American has also adopted broader guideliries that govern oor l.lSe of personal information regardless of ,ts soYrce. First American calls these guk1elines Its Fair InformatiOn Values. Types of lnrotmation Deproding upon which of our seNlce5 you are uHli,ing, the types of nonpublic personal Information that we may collect lndude: • Information we rece1ve from you on appl1ultions, forms and in other communications tow, whether In wrtUng, ,n person, by telephone or any other means; • lnformatiorl about your trarlSOCl:ions with us, our affiliated companies, or others; and • Information we receive from a consumer rer,ortJng agency. Use of Infonnation We request informaMn from you for oor own legmmate business purposes and not for I~ renefit of any nonaffiliated party. Therefore, we will not re~se your informaHon to nonaffiliated parties except: (1) as necessary for us to prolllde t~ product or service you have requested of us; or (2) as permitted by law. We may, however, store sud, lnformatKXl indefinitely, iocludlng the period after which any customer relatioosh,p has ceased. Such information may be used for any internal purpose, such as quality contrn efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of oor affiliated companies. Soch affllated companieS ioclude financial service providers, such as title Insurers, property and casuatty Insurers, .-nd b\Jst and Investment advisory comJ)ilnies, or companies involved ,n real estate services, soch as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to comJ)ilnies that perform marl<.eHng services on our behalf, on behalf of oor affiliated companies or to other flnaoclal mstrtutiOns with whom we or our affiliated companies have joint marketing agreements. Former Customers Even ifyoo are no longer our customer, our Pnvacy Policy will 00011lnue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal informatroo about you to those l"\dividuals ar<l enHtieS who need to know that Information to pn:rvk1e products or services to you. We will u.., our best efforts to train ar<l ove.see oor employees and agents to ensure that your ln/ormatiOn will be handled responsibly and in accordarv;e with this Pri,a,;y Policy and first American"s fair Information V~ues. We currenUy maintain physical, electronic, and r,rocedural safeguards that comply with federal regulat1011s to guard your nooplblic personal Information. Inrotmation Obtained Through Our Web Site First American F1naoclal CorporaMn Is sensitive to privacy issues on the Internet. We believe It Is Important you krow how we treat the informatiOn about you we receive on the lrrtemet. In general, you can visit First American or Its afflJlates' Web sites on the Wond Wide Web w~hout telling us who you are or revealing any Information aOOut yourself. Our Web 'l('l"\'e,,; collect the domain names, not the e-mail addresses, of >'isitors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and s,milar information. First Amerlran uses this information to measure the I.ISe of our site ar<l to develop k1eas to Improve the content of our site. There are times, however, when we may need Information from you, such as your name ar<l ~mail address. When lnformat,oo 1s needed, we w111 use 01.11" best efforts to let you know .it the Hme of collection how we will use t~ personal lnformabon. Usual,V, the personal information we collect IS used only try us to respond to your Inquiry, process an order or allow you to access specific accoonl/profile ,nforma~on. If you choose to share any personal Information with us, we will only use it In accordance with the policies ou~lned above. Business Relationships First American Financial Corporatjon"s site and its affihates' sites may contain lmks to other Web s,tes. While we try to link only to Sites that share our high standards and respect for pr1vacy, we are not responsible for the content or the pn,a,;y practices employed by other sites. ,oo .... Some of First American"s Web sites may make use of "coolcle" technology to measure site actMty ar<l to customize 1nformalloo to your personal tastes. A coolcle is an element of data that a Web site can send to your browser, which may then store the cookie on your hard dr1ve. Fw:;tAm,CQIJl uses stored cookies. The goal ot this tech~ogy is to better serve yoo wtien >'islUng oor site, save you Hme when you are here and to provide you with a more meaningful and productF\le Web site experience. Fair Information Values Fairness We cooslder consumer e•pectatlons aOOut their pr1vacy in all oor businesses. We only offer pn)Wcts and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates Significant value for society, enhances consumer ch01Ce and aeates rnnsumer opportun,ty. We actively support an open public record ar<l emphasize Its Importance and contnbuHon to our economy. Use We believe we shoukl behave responSibly when we use informatiOn about a consumer in our tJuslness. We w111 ot,ey the laws governing the collectlon, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, I.ISe and disseminate. Where possible, we will take reasonable sreps to correct inaccurate "1formaHon. wt,en, as with the public record, we c,;,nnot correct inaccurate Information, we will take all reasonable steps to as5isl coosumers in idelltifying the source of the erroneous data so that the consumer can secure the required con-ecHons. EdllClltion We endeavo, to educate the users of our products and services, oor employees ar<l others In oor lr<lustry about the Importance of 0001sumer privacy. We will instruct our employees on oor fair lnformatjon "'-'lues and on the respons,ble collection and use of data. We will encourage others In oor lr<lust,y to collect ar<l use information In a responsible manner. SeaJtlty We will maintain appropr1ale facilities .-nd systems to protect against unauthorized access to ar<l corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Pagelofl First A ft) erican f-rtle Page 14 of 14 Privac.y Information {2001"2010 First American Financial Corporation)