HomeMy WebLinkAboutCDP 2021-0046; FERRELL RESIDENCE ADU; Coastal Development Permit (CDP)Per the California Environmental Protection Agency's website, "While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/oublic
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.eoa.gov/suoerfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.eoa.gov/superfund/sites/npl/nol.htm
P-1(C) Page 2 of 2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Fifed: ____________ (To be completed by City)
Application Number(s): _________________________ _
General Information
1.
2.
Name of project: _-1.M_.'8:2.i..'"""t:;? .. ~llfiaai4•I.J .... .__....::.~~~it:aJ&..s;,i:::s!!....-i:=:.....,,. ----1!.A:........:!!!!o~o~-----
Name of developer or project sponsor: _..,,,.5::;:=:!li:ar:r~-+-__J_E_.....=,aet=-(L, _____ 111!!!!!:=----------
Address: -~----I-Jl~=---=~=:::L..l!W=.Hl=,,--=-..Jf2.9oc?=!!!:Sa~------------
City, State, Zip Code: c:;:,6p.lflia6o J c:::A °1 ~
Phone Number: --Zu:O CR85-~7S2-
3. Name of person to be contacted concerning this project: ,=< -an: ::E'e:i@ee:I L
Address: __ -1:......,Z.Ao~..__-~==Y.....,LJ~J-S;,=-__,__~--=-ti:2=---------------
City, State, Zip Code: C:...d~eJ GA :=, '2...acta
Phone Number: {7tR.q)Ce$-P1"0Z
4. Address of Project: ,41-4o 6~YWHE ~
5.
6.
7.
8.
9.
Assessor's Parcel Number: _ ____;'1,;__0_i/..L_-___;:oe::.=!..!3,e._----L..I _,41-.. ____;~=-....:=------------
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:
J-'111~ co~,sul.-~'~ io§?.MIT ◄ JBL,iL.p1Ac:-~<1Tf
Existing General Plan Land Use Designation: _J:2.,L.......C'----'-1 _-...;./....;:;5_0-=o=-..:,O=::;__ _______ _
Existing zoning district: )gr-I Q:le: fi6HJLY'. fZj::..-6JQF--ff'T'el.-
Existing land use(s): ---1~=-:!:l.6-...,U2..,e-tu:ITL...L.-l'-'-.A:::;;-==•----------------
Proposed use of site (Project for which this form is filed): 112,m M Ft ,.Apt)
'K r::rtt ~U ~ 1°'1"' ~Jr4.?'f!!:, ,.A.QD tTk-=H-
Project Description
10. Sitesize: "¾1 'B?Z ~Fr
11 . Proposed Building square footage: _..,_I ..,5e....:2:::;S=---=§=,._,,fl'--l.~· ___________ _
12: Number of floors of construction: __ ...:./ _________________ _
13. Amount of off-street parking provided: __________________ _
14. Associated projects: _______________________ _
P-1(D) Page 2 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21 . Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31 . Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
□ •
□ Ill
□ • □ Ill
□ • □ Ill
□ • □ ■
□ Ill
□ ■
□ Ill
□ Ill
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard , etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this ·initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowl•~r;,•f.
Date: 7/~J Signature: _....:~=--~1--,,<cr1~!1!D....--------
For: ________________ _
P-1(0) Page 4 of 4 Revised 07/10
-, A ....-·-· _, ----------v ----------------.. -----------..
( City of
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage:
~;2e:x::> s:iuare feet x $ 27 S /sq. ft. = $ 33°,o:oa
⇒ Resiaential Addition Square Footage:
s:iuare feet x $ /sq. ft. = $
⇒ Any Garage Square Footage:
32,.5 s:iuare feet x $ lB.S /sq. ft. = $ ~c,IZ5
⇒ Residential Conversion Square Footage:
s:iuare feet x $ /sq. ft. = $
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/1./Varehouse
uses.)
______ s:iuare feet x $ __ /'i"IJ.. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE: $ ___ ____.3=--4'-"0~,'-"J-Z.,._i;?=-----,
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)■ ~
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
...:f::Z+o -Sl-'YL1 t:E tZgAJ:::2 1 ~;zj.,.~ ~ ='.J:Zoo S
P-6 Page 1 of 7 Revised 08/19
. .
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right-hand corner of plan visible.)
A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape
review is required. Each site plan shall contain the following information:
1. GENERAL INFORMATION
~-Name, address, and phone number of registered civil engineer, licensed surveyor,
landscape architect or land planner W"lo prepared the maps/plans.
~b. Location, size and use of all easements. ~De. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
!Rid. Distance between buildings and/or structures.
[2le. Building setbacks (front, rear and sides).
~f. Location, height and materials of walls and fences.
~Og. Dimensions/location of ground-mounted signs.
~h. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No.
CS-34 7. Show locations for roof mounted and ground mounted systems and include power
(KWdc) of each separate PV system. ~ ,z.,::::c,F P~
fgli. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout
~~.H EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21 .120-150.
~-Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per
Ordinance No. CS-347.
P-6
J81k. A summary table of the following (if applicable to the application):
~(1) Street address and assessor's parcel number.
~(2) Site acreage.
~(3) Existing Land Use Designation and Zoning.
0(4) Proposed land use. -S-1-<1.e
~(5) Total building coverage (in square feet and as a percent).
1&](6) Percent of site to be landscaped.
181(7) Number of parking spaces required/provided.
1'1-" 0(8) Square Footage of open or recreational space (if applicable).
NA0(9) Cubic footage of storage space (if applicable).
~(10) Climate Action Plan (CAP) Compliance (results from Section I1.D below)
(a) Consistent with existing General Plan Land Use and Zoning -e-no
i. GHG Study required? -yes/no
(b) Energy Efficiency requirement -®.fno
(c) Photovoltaic requirement -yes/no
i. I .83 KW-de roof mounted
ii. ___ .KW-de ground mounted
iii. J .~ KW-de total project
(d) Electric Vehicle Charging requirement yes/no
i. ____ # EV Chargers
ii. _ ___.L __ #EV Ready~ F~ F'L-6>~ @ ~~c;e:
iii. ____ # EV Capable
(e) Hot Water Heating requirement @'no
(f) Traffic Demand Management Required yest@
Page 4 of 7 Revised. 08/19
Coastal Development Permit - Single-Family Residence/AppealableArea -When the application
is tentatively scheduled to be heard by the decision-making body, the project planner will contact the
applicant and advise him to submit the radius map, two sets of the property owners list and labels.
The applicant shall be required to sign a statement certifying that the information provided
represents the latest equalized assessment rolls from the San Diego County Assessor's Office.
The project will not go forward until this information is received.
1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE
Occupant
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Occupant
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
OCCUPANT
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
P-6 Page 7 of 7 Revised 08/19
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
(city of
Carlsbad
In July 2020, the City of Carlsbad adopted an amended Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas {GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills t hose requirements. This checklist is to be completed and included
in applications for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 07/20
,
City of Carlsbad Climate Action Plan Consistency Checklist
D BPV 2: $200,000 or additions 2: 1B, 5 1,000 square feet
D BPV 2: $1,000,000 1B, 2B and 5 Building alterations of 2: 75% existing gross floor area
D 2: 2,000 sq. ft. new roof addition 2B and 5 18 also applies if BPV 2: $200,000
CAP Ordinance Compliance
Checklist Item
UH•ck the :,pr,ropriat,· nox," .. r·•.plJ,n JII no: aopiicdb ,, ,i-,d ,0.,cPµ'.,or, items. anrl pov ck 1uu1,rnt1n6 , .,1, ul;,t,ori• .H,c dc,:ur,.r-nt~t,on ,1,
nPcessary.
1. Energy Efficiency
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A. 0 Residential adcfrtion or alteration ~ $60,000 building pennit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation □Cool roof
□ 1978 and later Select one:
D lighting package 0 Water heating package
D Between 1978 and 1990
D 1991 and later
8. 0 Nonresidential• new construction or alterations~ $200,000 building permit valuation,
or additions~ 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.1.2.1
Choose one as applicable: D .95 Energy budget D .90 Energy budget
AS.211.1."
□ On-site renewable energy
AS.211.3••
D Green power (if offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
AS.213.1
D Steel framing
P-30 Page 4 of 7
• N/A _________ _
□ Exception: Home energy score~ 7
(attach certification)
Mufti-family Requirements
D Attic insulation
Select one:
0 Attic insulation D Duct Sealing □Cool roof
Select one:
D Lighting package D Water heating package
□ N/A _________ _
□ N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
Revised 07 /20
,
Cit y of Carlsbad Climat e Action Plan Consistency Checklist
0 N/A
• lndudes hotels/motels and high-rise residential buildings
•• For alterations~ $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy C.ode section 120.10 instead.
2. Photovolta1c Systems
A. • ■ Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, Increase system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA lkl.u. Calculated kWdc*
sheets if necessary)
,,:::..,.J ,,_,_, -,. ,.-JL /~o I ) 8 0} ••, 1--• I ... ,, . i \ : . '·, .
Total System Size: J .. 83 kWdc
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than cakulated size, please explain.
Exception
D
D
D
D
B. D Nonresidential new construction or alterations ~1,000,000 BPV and affecting i!:75% existing floor area, or addition that inaeases roof area by ~-Z,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
D Gross Floor Area (GFA) Method
GFA:
0 If< 10,000s.f. Enter: 5 kW de
Min. System Size: ___ kWdc
0 If·~ 10,000s.f. calculate: 15 kW de x (GFA/10,000) ••
••Round building size factor to nearest tenth, and round system size to nearest whole number.
D Time• Dependent Valuation Method
Annual TDV Energy use:**• x .80= Min. system size: --~-kWdc
••• Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 07 /20
,
City of Carlsbad Climate Action Plan Consistency Checklist
3. Water Heating
A. ■ Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
Ill For systems serving Individual dwelllng units choose one:
111 Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Except ion:
□ For systems serving multiple dwelling units, Install a central water-heating system with all of the following:
D Gas or propane wat er heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
D Solar water heating system that Is either :
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
D Exception:
8. 0 Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal □ Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
□ Exception:
4. Electric Vehicle Charging
A. ■ Residential New construction and major alterations•
Please refer to Carlsbad Ordinance CS-349 when completing this section.
Pll One and two-family residential dwelling or townhouse with attached garage:
a One EVSE ready parking space required □ Exception :
□ Multi-family residential· □ Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready
I
calculations: Total ME spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number)
ME other= Total ME spaces-ME Installed
(ME other may be •capable; "Rea~ or "Installed.")
I
I
Installed I
I
Total
P-30 Page 6 of 7 Revised 07 /20
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B D Nonresidential new construction {indudes hotels/motels) □ Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed I Total
l
Calculation· Refer to the table below·
Total Number of Parkin!! Soaces orovided Number of required EV Spaces Number of required EVSE Installed Soaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV Spaces
S. Transportation Demand Management (TOM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable.
Use GFA Employee ADT/1,000 S.F. Total Employee ADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TDM plan required: Yes D No D
LOE Staff Verification: □, ______ (staff initials)
P-30 Page 7 of 7 Revised 07 /20
(
., I•• ' \• . ' ' 1; ' : ' 1,1,:, 1'1
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1}):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ • and public develooment oroiects on oublic or orivate land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ • more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development oroiects on oublic or orivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ • refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ Ill
development project includes develooment on anv natural slooe that is twentv-five oercent or areater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ • a 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
transoortation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ • 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).•
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ • shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC}
codes: 5013, 5014, 5541, 7532-7534 or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ Ill RGO's that meet the foffowing criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ Ill and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ II
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, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinq "Mv project is a 'STANDARD PROJECT' ... " and comolete aoolicant information.
E-34 Page 3 of 4 REV 04/17
: :-1 -'
:4; ~ I ,I ','. I l ' : .,. , vi• ·\ ,' I :: '' t t ., I ~ n ~ :.. ~· I: f : ;{ I ., r l I' I ;1 ,' I . , .. '-. : ...
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ • and public development projects on oublic or orivate land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ • more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or orivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ Ill
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 □ Ill
development proiect includes development on any natural slope that is twenty-five percent or oreater.
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 □ !11 a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ • site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ Ill shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ m RGO's that meet the (of/owing criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADTJ of 100 or more vehicles oer dav.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ Im 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 1 0%? (CMC □ IJJ
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, check the first box stating "My project is a PDP " ...
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statino "My proiect is a 'STANDARD PROJECT .. ." and complete applicant information.
E-34 Page 3 of 4 REV04/17
For APN/Parcel ID(s): 207-083-19-00
Parcel 1:
EXHIBIT "A"
Legal Description
Lots 45 and 46 of Carlsbad Highlands No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 2825, filed in the Office of the County Recorder of San Diego
County, December 5, 1951, excepting therefrom the following described portion of Lot 46.
Beginning at a point on the Southerly line of said Lot 46, distant thereon South 86 degrees 56 minutes
East 118.98 feet from the Southwesterly corner of said Lot 46, thence continuing along the said Southerly
line South 86 degrees 56 minutes 20 seconds East 53.97 feet to the Southeasterly corner of said Lot 46;
thence along the Easterly line of said Lot 46, North 2 degrees 56 minutes 50 seconds East 56.96 feet;
thence South 43 degrees 32 minutes 52 seconds West 78.39 feet to the point of beginning.
Excepting therefrom the Southwesterly comer beginning at the Northwesterly corner of said Lot 46 as
shown on said Map No. 2825; thence South 32 degrees 41 minutes 20 seconds East 83.50 feet to a
tangent 205.00 foot radius curve concave Northeasterly; thence Southeasterly along said curve 72.54 feet
through an angle of 20 degrees 16 minutes 25 seconds to a point in the Southerly line of said Lot 46;
thence North 86 degrees 56 minutes 20 seconds West along said Southerly line 100.59 feet, more or less,
to the Southwesterly corner of said Lot 46; thence North 3 degrees 03 minutes 40 seconds East along the
Westerly line of said lot, 118.00 feet to the point of beginning.
Except therefrom ail oil, gas, minerals and other hydrocarbon substances, lying below a depth of 500 feet,
without the right of surface entry.
Parcel 2:
That portion of Lot 46 of Carlsbad Highlands No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 2825, filed in the office of the County Recorder of San Diego
County, December 5, 1951, described as follows:
Beginning at the Northwesterly corner of said Lot 46 as shown on said Map No. 2825; thence South 32
degrees 41 minutes 20 seconds East, 83.50 feet to a tangent 205.00 foot radius curve concave
Northeasterly; thence Southeasterly along said curve 15.51 feet through an angle of 04 degrees 20
minutes 05 seconds; thence North 86 degrees 56 minutes 20 seconds West, 58.31 feet, more or less, to
the Westerly line of said Lot 46; thence North 3 degrees 03 minutes 40 seconds East, along said Westerly
line 80.00 feet to the point of beginning.
Except therefrom all oil, gas, minerals and other hydrocarbon substances, lying below a depth of 500 feet,
without the right of surface entry.
Cl TA Preliminary Report Form · Modified (Adopted: 11.17.2006) Printed: 08.09.21 @ 02:04 PM
CA-CT-FWOO-02180.055820-SPS-1-21-73721010733
Title No.: 73721010733-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 2021-2022.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For
proration purposes the amounts were:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Code Area:
207-083-19-00
2020-2021
$10,813.81
$10,813.81
None
09000
3. 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.
4. Water rights, claims or title to water, whether or not disclosed by the public records.
5. Covenants, conditions and restrictions but omitting any covenants ·or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic
information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable
state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set
forth in the document
Recording Date: December 10, 1951
Recording No: Book 4316, Page 166, 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.
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to:
Purpose:
Recording Date:
Recording No.:
San Diego Gas and Electric Company
Public utilities
May 22, 1952
Book 4475, Page 284, of Official Records
Affects:
document.
the route thereof affects a portion of said land and is more fully described in said
Reference is made to said document for full particulars
7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: The City of Carlsbad
Purpose: A perpetual easement for the purpose of erecting, constructing, reconstructing,
replacing, repairing, maintaining and operating water system, sewerage, drainage, power line, excavation, and/or
embankment facilities
Recording Date: August 12, 1971
Recording No : 1971-0179186, of Official Records
Affects: the route thereof affects a portion of said land and is more fully described in said
document.
Cl TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.09.21 @ 02:04 PM
CA-CT-FWDO-02180.055820-SPS-1-21-73721010733
Title No.: 73721010733-PM
Reference is made to said document for full particulars
8. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that
proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such
redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.
Redevelopment Agency: Downtown Redevelopment Project Area
Recording Date: August 12, 1982
Recording No.: 82-248561 Official Records
9. Matters contained in that certain document
Entitled: Contract for Future Public Improvement
Executed by:
Recording Date:
The property Owner and the City of San Diego
March 25, 1998
Recording No.: 1998-0162916, of Official Records
Reference is hereby made to said document for full particulars.
10. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No.:
"Hold Harmless Agreement Drainage"
The City of Carlsbad, et al
March 25, 1998
1998-0162917, of Official Records
Reference is hereby made to said document for full particulars.
11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on
Map:
Recording Date:
Record of Survey Map No. 16415
December 10, 1999
12. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on
Map:
Recording Date:
Record of Survey Map No. 22944
May 24, 2018
13. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the
right to require further evidence to confirm that the property is unencumbered, and further reserves the right to
make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
14. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to
grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions
of the trust instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust
Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
CL TA Preliminary Report Fom, -Modified (Adopted: 11.17.2006) Printed: 08.09.21 @ 02:04 PM
CA-CT-FWD0-02180.055820-SPS-1-21-73721010733
Title No.: 73721010733-PM
The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified
by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification,
pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter
named trust, a form of which is attached.
Name of Trust: Ferrell Family Trust
15. 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.
16. 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.
17. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): Sellers
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.
18. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies ): Buyers
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.
END OF EXCEPTIONS
CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.09.21 @ 02:04 PM
CA-CT-FWDO-02180.055820-SPS-1-21-73721010733
Note 1.
Note 2.
Note 3.
Note 4.
Note 5.
Note 6.
Note 7.
Note 8.
Title No.: 73721010733-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. If the above requirements cannot be met,
please call the company at the number provided in this report.
Pursuant to Government 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.
The Company and its policy issuing agents are required by Federal law to collect additional information about
certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction
is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy
issuing agent must be supplied with a completed ALT A Information Collection Form ("ICF") prior to closing the
transaction contemplated herein.
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.
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: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
Cl TA Preliminary Report Form . Modified (Adopted: 11.17.2006) Printed: 08.09.21 @ 02:04 PM
CA-CT-FWDO-02180.055820-SPS-1-21-73721010733
Title No.: 73721 010733-PM
Note 9. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement
Form 9 to an Extended Coverage Loan Policy, when issued.
Note 10. Note: The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement
Form 116 indicating that there is located on said Land a Single Family Residence, known as 4240 Skyline
Road, in the City of Carlsbad, County of San Diego, State of California, to an Extended Coverage Loan Policy.
END OF NOTES
Cl TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 08.09.21@ 02:04 PM
CA-CT-FWD0-02180.055820-SPS-1-21-73721010733
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect. lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, 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 bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of
such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
which may be asserted by persons in possession thereof.
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) 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.
Atlachment One (05/06/16)
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13)
AL TA HOMEOWNER'$ POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police 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 to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the 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
(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 One (05/06116)
ATTACHMENT ONE
(CONTINUED)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13,
or 14); 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 unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien
of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered
Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B -Part 11,( t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees, or expenses that arise by reason of:
[PARTI
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof. not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tit.le
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.]
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or
damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)
Attachment One (05/06/16)
ATTACHMENT ONE
(CONTINUED)
2006 AL TA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting 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 shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that
may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.)
7. [Variable exceptions such as taxes, easements, CC&R's, etc., shown here.]
Attachment One (05/06/16)
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14
or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (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 Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws
of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage
provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion
does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable
building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien
of the Insured Mortgage. is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding. vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Attachment One (05/06116)
.,
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"). Some
subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate
California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not
apply.
Collection of categories of Personal Information:
In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of
Personal 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, 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,
search history, and information regarding a Consumer's interaction with an Internet 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 through others;
• Information from the use of our websites and mobile applications.
This Personal Information is collected for the following business purposes:
• To provide products and services to you or in connection with a transaction involving you;
• To perform a contract between FNF and the Consumer;
• To improve our products and services;
• To comply with legal obligations;
• To protect against fraudulent or illegal activity;
• To communicate with you about FNF or our affiliates;
• To maintain an account with FNF or our affiliates;
• To provide, support, personalize, and develop our websites, products, and services;
• As described to you when collecting your personal information or as otherwise set forth in the California
Consumer Privacy Act.
Privacy Statement
SCA0002597.doc
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CA-CT-FWD0-02180.055820-73721010733
Disclosures of Personal Information for a business purpose:
In the preceding twelve (12} months FNF has disclosed, and will continue to disclose, the categories of Personal
Information listed above for a business purpose. We may disclose Personal Information for a business purpose to
the following categories of third parties:
• FN F affiliates and subsidiaries;
• Non-affiliated third parties, as directed by you;
• Businesses in connection with the sale or other disposition of all or part of the FNF business and/or
assets;
• Service Providers;
• Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court
order.
Sale of Personal Information:
In the preceding twelve (12) months, FNF has not sold Personal Information. FNF does not sell Personal
Information.
Personal Information of minors:
FNF does not knowingly collect the Personal Information of minors.
Right to know:
Consumers have a right to know about Personal Information collected, used, disclosed, or sold. Consumers have
the right to request FNF disclose what personal information it collected, used, and disclosed in the past twelve (12)
months.
Right to request deletion:
Consumers have a right to request the deletion of their personal information.
Right to non-discrimination:
Consumers have a right not to be discriminated against by exercising their consumer privacy rights. We will not
discriminate against Consumers for exercising any of their California Privacy Rights.
Right to use an Authorized Agent:
A Consumer may use an Authorized Agent to submit a request to know or a request to delete his or her
information. Should a Consumer utilize an Authorized Agent, FN F will require the Consumer provide the agent
written permission to make the request and verify his or her identity with FNF.
To exercise any of your California Privacy Rights, please follow the link "California Privacy Request" or
call Toll Free 888-413-1748.
Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan,
escrow number, or other identifying information from the consumer.
The above-rights are subject to any applicable rights and obligations including both Federal and California
exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements.
Privacy Statement
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FNF website services for mortgage loans:
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect
customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may
contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of
this Privacy Notice describing the categories, sources, and uses of your Personal Information do not apply to the
Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to
your Information. FNF does not share Information collected through the Service Websites, except (1) as required
or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith
belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy
Notice, or to protect the rights, property, or safety of FNF or the public.
California Privacy Notice -Effective Date:
This California Privacy Notice was last updated on January 14, 2021.
Contact for more information:
For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your
California Privacy Rights, please follow the link "California Privacy." call Toll Free 888-413-1748, or by mail to the
below address. We may use your Personal Information for our affiliates (companies owned by FNF) to directly
market to you. If you do not want FNF affiliates to directly market to you , visit FNF's "Opt Out Page" or contact us
by phone at (888) 934-3354, or by mail to:
Privacy Statement
SCA0002597 .doc
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
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Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the Californi~ Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") 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 -Ticor Title Company of California
L TC -Lawyer's Title Company
SL TC -Servicelink Title Company
Available Discounts
DISASTER LOANS (CTIC, CL TIC, FNTIC)
Underwritten by FNF Underwriters
CTIC -Chicago Title Insurance Company
CL TIC -Commonwealth Land Title Insurance Company
FNTIC -Fidelity National Title Insurance Company
FNTIC -Fidelity National Title Insurance Company
CTIC -Chicago Title Insurance Company
CL TIC -Commonwealth Land Title Insurance Company
CTIC -Chicago Title Insurance Company
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government
of the United States or the State of California on any land located in said area, which was partially or totally
destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities,
provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent
(50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage
selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title
insurance rate, depending on the type of coverage selected.
Notice of Available Discounts
SCA0002598.doc / Updated: 01.31.20
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