HomeMy WebLinkAboutGPA 2019-0001; CHICK-FIL-A; General Plan Amendment (GPA)LIST OF NAMES OF PARTNERS OF PALOMAR & CO.
Russell W. Grosse
5l:l50 Avenida Encinas, Suite A
Carlsbad, CA 92008
Mary E. Grosse
5850 Avenida Encinas, Suite A
Carlsbad, CA 92008
Dealy l'amily Trust dated February 14, 1989,
as amended
c./o Matthew E. Dealy, Trustee
2670 St. Csthcrinc Ct
Colorado Springs, CO 80919
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.
Name of project: _I-_5_&_P_a_lo_m_a_r _F_S_U_C_h_ic_k_-fi_ll-_A __ ~---
Name of developer or project sponsor. Chick-fil-A, Inc. A-b ·-~n,bl)qw
Address: 15635 Alton Parkway, Suite 350
City,State,ZipCode: Irvine, CA 921
Phone Number: 404.305.4834
Name of person to be contacted conceming this project: Brooke Cary
Address: P.O. Box 270571
City,State,ZipCode: San Diego, CA 92128
Phone Number. 951-259-8323
Address of Project 5850 Avenida Encias, Carlsbad, CA 92008
Assessor's Parcel Number: ..:2:...1:...0:...-..c1..:.7..c0:...-.::2..:2:...-..:.0..:0 _________ _
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:
San Diego County Dept of Environmental HuHh, City Planning, Building. Fire Dept, Public Worka/Engineering
6. Exisling General Plan Land Use Designation: Planned Industrial.
7. Existing zoning district: Planned Industrial.
B. Existing land use(s): The site is currently a 2-slory office building for Littleton Wennes CPA's ••
9. Proposed use of site (Project for which this form is filed): New 3,427 sf Chick-fil-A restaurant
building with 40 parking spaces provided, and some outdoor patio seating.
Project Dncrlptlon
10. Siteslze: Approximately 15,000 sf
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: ..:3:..,,_;4..:2:.c7c....:S:...f ____________ _
Number of flooJs of construction: _1:,__ _______________ _
Amount of ofl-street parking provided: _3_6_S_,_p_a_C_e_S __________ _
Associated projects: _N_o_n_e _________________ _
Page 2 of 4 Reviled 07110
15. If residential, Include the number of units and schedule of unll sizes: 00-"-'/ a,,,_ ______ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square foolage
of sales area, and loading facilities:
17.
18.
19.
P-1(0)
City oriented; Approx. 1,557 sf of sales area including order area
and the dining area. Loading facilities are not provided on-site.
If industrial, indicate type. estimated employment per shift, and loading facilities: ~nc./cca:,;,_ __ _
lf lnstitulional, indicate the major function, estimated employment per shift. estimated occupancy.
loading facililies, and community benefits lo be derived from the project. _______ _
n/a
If the prqect invotves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: v.ianc. will not be required Condllional Ute Permit is torlhe 1111tautant uae
Rezone ■ppllcllllon Is for zoning conlistancy wit, the rest of th■ Center. ■nd due to r■stricwe landsc■pe s■lblcks In the P-M zon■
Page 3 of4 Revised 07110
1-5 & Palomar F5U Chick-fil-A
5850 Avenida Encinas, Carlsbad, CA
Environmental Setting
Fully developed property with building, parking lot and installed landscape. The soil is in a long
term compacted and stable condition. No wildlife or scenic views are associated with the
property. The existing building was constructed several decades ago, in 1974, and is being
utilized as an office building.
The proposed site is enclosed by the 1-5 Freeway to the East, and Avenida Encinas to the North
and West. No wildlife or scenic views are associated with the surrounding areas. The
surrounding buildings consist of a commercial quick-service restaurant with a drive-thru to the
South, as well as a small center with industrial offices located across the street off of Avenida
Encinas. Landscaping is installed within the setback adjacent to the 1-5 Freeway, as well as on
the street frontage on both sides of the street.
Cey of Carlsbad Climate ActC.A Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's
consistency with the growth projections used in the development of the CAP. This section allows the city
to determine a project's consistency with the land use assumptions used in the CAP. Projects found not
to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP
screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-
specific analysis of GHG emissions' impact on the environment in accordance with the requirements of
the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures
applied as a condition of project approval in addition to compliance with the CAP ordinance requirements
identified in Step 2 of this checklist.
I STEP1 LandU.. Conelltancy
Checklist Item
(Check the appropriate box c11d provide c11 explanation c11d supporting documentation for your answer}
A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning
designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an
equivalent or less GHG-intensive project when compared to the existing designations?
I
Yes No
□
If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under
both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to
Demonstrating Consistency with the Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO20/year for new development projects to assist in
determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to
correspond to the CAP screening threshold. WII the proposed land use change result in the construction of less
than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions
analysis to determine whether it is below the 900 MTCO2e/year screening threshold.
If "Yes", proceed to Step 2 of the checklist.
□
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed
GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to
demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable
measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in
accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be
required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-<leveloped GHG
emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 04/19
-~ of Carlsbad Climate Act~=" Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn,
demonstrate consistency with the applicable measures and actions of the CAP. The compliance
requirements in this Step 2 apply to development projects that require a building permit. All other
development projects shall implement all emissions-related mitigation measures from the General Plan
Update EIR.
Appllcatlon Information
Project No./Name: Chick-fil-A, 1-5 & Palomar
Property Address/APN: 5850 Avenida Encinas, Carlsbad CA
Applicant Name/Co.: Chick-fil-A
Applicant Address: 15635 Alton Parkway, Suite 350, Irvi ne CA 92618
Contact Phone: 404.305.4834 Contact Email: • ·t d r,;;., f Ienn1 er. awl\:¾c acorp.com
Contact information of person completing this checklist (if different than above):
Name: Leah Lombardi Contact Phone: 858-231-0150
Company name/address: 4G Development Contact Email: leah@4gdev.com
P.O. Box 270571, San Diego, CA 92128
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your
project. If your project includes alterations or additions to an existing building, please contact the Carlsbad
Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at
buildinq@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ _1_._1_M _____ _
I Construction Type I Complete Seclion(s) I Notes:
D Residential
D New construction I 2A, 3A and 4A
D Alterations:
D 8PV ~ $60,000 1A All residential alterations
D 8PV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages
D Electrical service panel upgrade 4A only
Multi-family dwellings only where interior finishes are removed
D 8PV ~ $200,000 1A and 4A and significant site work and upgrades to structural and
mechanical, electrical, and/or plumbing systems are proposed
GJ Nonresidential
KJ New construction I 18, 28, 38, 48 and 5
D Alterations:
P-30 Page 3 of 7 Revised 04/19
Cty of Carlsbad Climate Act,,.., Plan Consistency Checklist
□ BPV 2! $200,000 or additions 2! 1,000 18, 5 square feet
□ BPV 2! $1,000,000 1B, 2B and 5 Building alterations of 2! 75% existing gross floor area
□ 2! 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV 2! $200,000
-r-"'--"'= , r , ~ ----._ -, - -~ -= - . -•• -------• • • 'I
. .
• • I
I Checklist Item
Check the appropriate boxes, explain all not~ llld exception items, llld provide supporting calculaions llld doalnentation as necessay.
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 O Residential addition or alteration i!! $60,000 building permit valuation. D N/A _________ _
See Ord. CS-347, Section 8. D Exception: Home energy score<! 7
(attach certification)
Year Built Single-family Requirements Multi-family Requirements
D Before 1978 Select one:
□ Duct sealing D Attic insulation □ Cool roof D Attic insulation
D 1978 and later Select one:
□ Lighting package D Water heating package
D Between 1978 and 1990 Select one:
D Attic insulation D Duct Sealing D Cool roof
D 1991 and later Select one:
D Lighting package D Water heating package
B. ~ Nonresidential* new construction or alterations i!! $200,000 building permit valuation,
or additions i!! 1,000 square feet D N/A ________ _
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
D1I Outdoor lighting: .90 Allowed Outdoor Lighting Power D N/A
AS.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) IKI N/A < 8,000 sf.
A5.203.1.2.1
Choose one as applicable: D .95 Energy budget l8l .90 Energy budget □ N/A
A5.211.1 ....
!RI On-site renewable energy D N/A
A5.211.3 ..
D Green power (if offered by local utility provider, 50% minimum renewable sources) l8l NIA SDGE @45% 2018
A5.212.1
D Elevators and escalators IKI NIA No Elevators or Escalators
A5.213.1
IKI Steel framing D NIA
P-30 Page 4 of 7 Revised 04119
Cgy of Carlsbad Climate Actt , Plan Consistency Checklist
* Includes hotels/motels and high-rise residential buildings
** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply
with California Energy Code section 120.10 instead.
2. Photovoltaic Systems
A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section
150.1(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 addmonal CFA #d.u. Calculated kl/vdc*
sheets if necessary)
Total System Size:
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 calculated size, please explain.
Exception
□
□
□
□
kl/'Jdc
B. Ii] Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof
area by ~2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
D Gross Floor Area (GFA) Method
GFA: 3,247 s.f.
IXl If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
□If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ••
5 kWdc ---=
**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 04/1 9
City of Carlsbad Climate Act , f Plan Consistency Checklist ...
3. Water Heating
A D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise
residential only)
□ 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 150.1 (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
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
B. 1K] Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal 00 Photovoltaics □ Recovered energy
00 Water heating system is (choose one):
□ Heat pump water heater
Iii Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
4. Electric Vehicle Charging
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE ready parking space required □Exception :
□ Multi-family residential· □ Exception •
Total Parking Spaces EVSE Soaces
Proposed Capable Ready
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces-EVSE Installed
(EVSE other may be "Capable," "Ready' or "Installed.")
P-30 Page 6 of 7
Installed I Total
l
Revised 04/19
. C'~ty of Carlsbad Climate Act.<-, 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 untts 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 ~ Nonresidential new construction (includes hotels/motels) □ Exception •
Total Par1<:ing Spaces EVSE Spaces
Proposed Capable Readv Installed Total
36 2 2 4
Calculation-Refer to the table below·
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed
Soaces
□ 0-9 1 1
D 10-25 2 1
IXI 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
5. !Kl Transportation Demand Management (TOM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table.
Use GFA Employee ADT/1,000 S.F. Total Employee ADT
Ouil"k serviN=-resta11rant 3 427sf 11 37.69
Total 40
If total employee AOT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds
vehicle traffic to vehicle LOS-€xempt 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.
TOM plan required: Yes □ No Q!I
LOE Staff Verification: □. _____ (staff inrtials)
P-30 Page 7 of 7 Revised 04/1 9
C City of
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www .carlsbadca.gov
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: 1-5 & Palomar, Chick-fil-A FSU PROJECT ID:
ADDRESS: 5850 Avenida Encinas, Carlsbad, CA APN: 210-170-08-00; 210-170-09-(
The project is (check one):~ New Development D Redevelopment
0
The total proposed disturbed area is: 38,16:l ft2 ( ,89 ) acres
1Truxaw I
IThe total proposed newly created and/or replaced impervious area is: ft2 ( ) acres I
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWOMP # of the larger development project:
Project ID n/a SWQMP #: n/a
Then, go to Step 1 and follow the instructions. When completed, sign the form at the en~i ~)~~t this with your
application to the city. i. EC -~
MAR 1 9 2019
CITY OF CARLSBAD
,.._ ---If"' ~"I p!._P.N . ..... _,, i ..... ,....,1·
E-34 Page 1 of4 REV 02/16
STE:P f'
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ ~
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the oroiect is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVl:LOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ !Kl b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ 00 accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ [x]
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP .. ." and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above auestions, vour project is not exempt from PDP, ao to Step 3.
E-34 Page 2 of 4 REV 04/17
. STEP3 + . .,, ?
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJEC'l'S
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or I!] □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and I!] □
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ ~
development project includes development on anv natural sloce 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 00 □ 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 !!I □ 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 □ !Kl
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 adiacent 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 □ [x] 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 □ I&] RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (Aon of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ IB] 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 □ !!I
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 aoplicant information.
E-34 Page 3 of 4 REV 04/17
'tic STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY D~ELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): ---~
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent Truxaw I
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (B) = sq. fl.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statino "Mv project is a PDP ... " and complete aoolicant information.
STEPS '1l
.., CHECK THE APPROPRIATE BO~ AND COMPLET£ APPUCAHT INFORMATION
K] My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
As part of these requirements, I will submit a "Standard Project stormwater requirements of the BMP Manual.
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Brooke Cary Applicant Title: Project Engineer
Applicant Signature: ~ Date:
.. . . • Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of4 REV 04/17
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= 4-./.!!
U.ucr Number: NCS-901936-SD
Page Number: 1
February 19, 2019
Update
First American Title Insurance Company
National Commercial Services
February 19, 2019
Sarah King
Chick-fil-A, Inc.
15635 Alton Pkwy Ste 350
Irvine, CA 92618-7333
Phone: (404)765-2523
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
1-5 & Palomar Airport Road FSU -carlsbad, CA
Trixy Brown Janice Treanor
(858)410-2151
(619)330-2564
trixybrown@firstam.com
Chick-fil-A, Inc.
Palomar & Co.
5850 Avenida Encinas, carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issl.le, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or en01mbrance not shown or referred to as
an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and ExdusKlns from the coverage and Limitations oo Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause, When the Amount of Insurance is less than that set fotth in the
arbitration clause, all arbitrabfe fT/iJtters shall be artiitrated at the option of either the Company or the Insured as the exclusive remedy of the
partieS. Limitations on covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are afso set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
First American Title Insurance Company
L, ut!r Number: NCS-901936-SD
Page Number: 2.
Please read the exceptions shown or referred to below and the exceptions and exduslons set forth in Exhibit A of this
report carefully, The exceptions and exdusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report {and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of trtle
insurance and no liability is assumed hereby. If it ls desired ttiat liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment shoutd be requested.
First Amedcan T!tie Insurance Company
Dated as of February 14, 2019 at 7:30 A.M.
Toe form of Policy of title insurance contemplated by this report is:
ALTA Extended Leasehold Owners Policy
L,_..,r Number: NCS-901935-50
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
1ltle to said estate_or interest at the date hereof is vested irJ:
PALOMAR & CO., A GENERAL PAR1NERSHIP
Toe estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
Toe 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 2019-2020, a lien not yet due or
payable.
lA. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment: $4,150.09, PAID
Penalty: $0.00
Second Installment: $4,150.09, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-170-08-00
(Affects Parcel 1)
18. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment: $2,002.39, PAID
Penalty: $0.00
Second Installment: $2,002.39, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-170-09-00
(Affects Parcel 2)
First American Title Insurance Company
0, .. er Number: NCS-901936-SD
Page Number: 4
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. An easement for right of way and incidental purposes, recorded August 02, 1941 as Instrument
No. 45305 in Book 1200 Pag~_ 4?1 of Official Records.
In Favor of: Southern California Telephone Company
Affects: as described therein
4. Abutter's rights of ingress and egress to or from the Highway have been relinquished in the
document recorded June 18, 1965 as Instrument No. 108756 of Official Records .
5. Terms and provisions of an unrecorded lease dated April 11, 1984, by and between Vogel-
Beljean Trust as lessor and McDonald's Corporation, dba Delaware McDonald's Corporation as
lessee, as disclosed by a Revised Memorandum of Lease recorded December 09, 1986 as
Instrument No. 86-574ti~ of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not
shown by the public records are not shown herein.
Affects: The land and other property.
6. Covenants, conditions, restrictions and easements in the document recorded April 25, 1985
as Instrument No. 85-142950 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 California Government Code§ 12955(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.
7. Abutter's rights of ingress and egress to or from San Diego Freeway 1-5 have been dedicated or
relinquished on the map of Parcel Map No. 1_3955 of Parcel Maps recorded September 16, 1985.
8. The terms and provisions contained in the document entitled "Agreement between Owner,
Developer and the City of Carlsbad for the Payment of a Public Facilities Fee" recorded May 13,
1992 as Instrument No. 1992-0290788 of Official Records.
(Affects Parcel 2)
9. An easement for right of way to erect, construct, change the size of, improve, reconstruct,
relocate, repair, maintain and use facilities consisting of underground facilities and appurtenances
for the transmission and distribution of electricity, pipelines and appurtenances for any and all
purposes, communication facilities, and appurtenances and incidental purposes,
recorded October 14, 1992 as Instrument No. 1992-0655308 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a corporation
as described therein
First American Title Insurance Company
U,,..er Number: NCS-901936-SD
Page Number: 5
10. The terms and provisions contained in the document entitled "Agreement to Pay Drainage Fees
as required by the Growth Management Program and the Adopted Local Facilities Management
Plan for Zone 3" recorded October 20, 1992 as Instrument No. 1()~~-0667485 of Official Records.
(Affects Parcel 2)
11. The terms, provisions and easement(s) contained in the document entitled "Agreement in Re:
Grant of Reciprocal Easements and Declaration of Covenants and Restrictions" recorded
December 04, 1992 as Instrument No. 1992-!)781617 of Official Records.
12. The terms and provisions contained in the document entitled "Agreement between Developer-
Owner and the City of carlsbad for the Payment of a Public Facilities Fee for Outside the
Boundaries of Community Facilities District No. 1" recorded January 23, 1995 as Instrument No.
1995-0028723 of Official Records.
13. A deed of trust to secure an original indebtedness of $3,100,000.00 recorded September 11,
2007 as Instrument No. 2007-0598401 of Official Records.
Dated: September 11, 2007
Trustor:
Trustee:
Beneficiary:
Palomar & Co., a California General Partnership
Chicago Title Company
Ing USA Annuity and Life Insurance Company, an Iowa
corporation
The above deed of trust states that it secures a line of credit. Before the close of escrow, we
require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing
upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon
the line of credit since the last transaction reflected in the lender's payoff demand, and (c) the
borrower has in writing instructed the beneficiary to terminate the line of credit using such forms
and following such procedures as may be required by the beneficiary.
Affects: The land and other property.
A document entitled "Assignment of Leases and Rents" recorded September 11, 2007 as
Instrument No. _20Q_?-05()84_Q_~ of Official Records, as additional security for the payment of the
indebtedness secured by the deed of trust.
A document recorded January 20, 2017 as Instrument No. 2017~0031_6_~~ of Official Records
provides that Voya Insurance and Annuity Company, an Iowa corporation, f/1</a Ing USA Annuity
and Life Insurance Company, an Iowa corporation was substituted as trustee under the deed of
trust.
The effect of a document entitled "Substitution Of Trustee And Full Reconveyance", recorded
January 20, 2017 as Instrument No. 2017-0031655 of Official Records.
Note: The Company will require satisfactory proof of full payment of the debt secured by said
mortgage or deed of trust prior to removing this exception or insuring the contemplated
transaction.
First American T!tle Insurance Company
Llluer Number: NCS-901936-5D
Page Number: 6
14. A financing statement recorded September 11, 2007 as Instrument No. 2Q07-0598403 of official
records.
Debtor: Palomar & Co.
Secured party: Ing USA Annuity and Life Insurance Company
Affects: The land and other property.
A continuation statement was recorded September 06, 2012 as Instrument No, 2012-05378J_9 of
Official Records.
The effect of a document entitled "UCC Financing Statement Termination", recorded January 20,
2017 as Instrument No. 2017-0031656 of Official Records.
15. A deed of trust to secure an original indebtedness of $4,000,000.00 recorded January 18,
2017 as Instrument No. 2017-0028135 of Official Records.
Dated:
Truster:
Trustee:
Beneficiary:
Affects:
December 30, 2016
Palomar & Co., a General Partnership
River City Bank, a California corporation
River City Bank, a California corporation
The land and other property.
A document entitled "Assignment of Rents" recorded January 18, 2017 as Instrument No. 2017-
0028136 of Official Records, as additional security for the payment of the indebtedness secured
by the deed of trust.
The terms and provisions contained in the document entitled "Hazardous Substances Certificate
and Indemnity Agreement" recorded January 18, 2017 as Instrument No. 2017-0028137 of
Official Records.
16. Any defects, liens, encumbrances or other matters which name parties with the same or similar
names as C. William Dealy. The name search necessary to ascertain the existence of such
matters has not been completed. In order to complete this preliminary report or commitment,
we will require a statement of information.
17. Water rights, claims or title to water, whether or not shown by the public records.
(Affects Parcel 2)
18. Additional matters, if any, following review by the Company's Waterways and Boundaries
Underwriters.
19. The requirement that an ALTA/NSPS survey of recent date which complies with the current
minimum standard detail requirements for ALTNNSPS land title surveys be provided to the
company prior to closing.
20. Any facts, rights, interests or claims which would be disclosed by a correct ALTNNSPS survey.
Rrst American Title Insurance Company
21. Rights of parties in possession.
V,uer Number: NCS-901936-5D
Page Number: 7
22. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by an ALTA/NSPS survey made by Joseph C. Truxaw and Associates, Incorporated on
August 22, 2018, last revised September 11, 2018, designated CFA18050:
(A) Transformer pad crosses the southwesterly property line onto subject property by up to
0.61'; (B) Wall sign crosses the southwesterly property line onto adjoining land by up to 2.62'.
First American Title Insurance Company
U,,..d Number: NCS-901936-SD
Page Number: 9
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the artides of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100. 5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
First American Title Insurance Company
(.,, ~-.er Number: NCS·901936-SD
Page Number: 10
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
Toe map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company 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.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American 77tle Insurance Company
LEGAL DESCRIPTION
V,ycr Number: NCS-901936-5D
Page Number: 11
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCELS 1 AND 2 OF PARCEL MAP NO. !3955, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16, 1985 AS INSTRUMENT NO. 85-340585
OF OFFICIAL RECORDS.
APN: 210-170-08-00 (Affects Parcel 1) and 210-170-09-00 (Affects Parcel 2)
First American Title Insurance Company
l,, ... ~r Number: NCS-901936-SD
Page Number: 12
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, Toe First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal infonnation.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect indude:
• Information we receive from you on applications, fonns and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or oostomer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue 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 information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Infonnation Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
First American Tltle Insurance Company
<..,, ~<:r Number: NCS-901935-SD
Page Number: 13
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10}
EXCLUSIONS
In addition to the Exceptions in Schedule 8, You ;ire not insured against loss, costs, ;ittomeys' 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) l;ind 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 applic.able 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 ;ire 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) thilt 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 Tltle.
6. Lade. of a right:
(a) to ;iny l;ind outside the area specific.al~ described and referred to in paragraph 3 of Schedule A; ;ind
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage descnbed 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 I.mder 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 or $2,500.00 (whichever is less)
Our Maximum Dollar Limit or Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (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 indudes 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 exdusion does not apply to violations or the enforcement of there matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described In Items 12 and 13 of covered Tltle Risks.
2.. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prlor to the Policy Date and is binding on you if you bought the land witllout knowing of the taking
Rrst American Tltle Insurance Company
3. Title Risks:
{<1) that are aeated, allowed, or agreed to by you
L,.~~r Number: NCS-901936-SD
Page Number: 14
(bl that are known to you, blJt 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 specific.ally described and referred to in Item J of Sdiedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item S of Covered Title Risks.
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
Toe 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 (induding 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 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 Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant bec.ame 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 bee.a use 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 ll(b).
Toe above policy form may be Issued to afford either St;indard 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:
First American Title Insurance Company
L ~<!r Number: NCS-901936-SD
Page Number: 15
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or as5es-Smeiits 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 P\Jblic 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 sl7own by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Trt:1e that would be disdosed by an accurate
and complete land survey of the Land and not shown by the P\Jblic Records.
S. (a) Unpatented mining claims; (bl reservations or exceptions in patents or 11 Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the mattefS excepted under (a), (b), or (c) are shown by the P\Jblic Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S 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, pennit, or governmental regulati0l1 (including those relating to buIldIng and zoning) restricting, regulating,
prohibitirig, 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 l(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 5.
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
disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulbng 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 daim, 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.
S. 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 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:
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) proceedirigs 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 P\Jblic Records but that could be ascertained by an inspection of the Land or
ttiat 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 ttie Trt:le that would be disdosed by an accurate
and complete land survey of the Land and not sttown by the P\Jblic 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 P\Jblic Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Rrst American 77tle Insurance Company
t., ~~r Number: NCS-901936-SD
Page Number: 16
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POU CY (07-26-10)
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 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 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 1f the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabi\ity 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 Exdus1on 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 Exdusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
B. 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 daim, 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 American Title Insurance Company