HomeMy WebLinkAboutGPA 15-02; OCEAN VIEW POINT; General Plan Amendment (GPA)(_ City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
163S Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant"s agent)
Provide the COMPLETE, LEGAL names and addresses of Ahb, persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person G<>-~ I Hvne./<'.-. Corp/Part~--------
Title O LO h-&r Title ____________ _
Address 1:o.]3o)(A-~I ,Gil,oy.~A Address. _________ _
'l 5o;;,.J OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person_~fi~o.-+¥~1 ~~'-"r"'~"~f(__ __
Title. ___ 0"'-'LP""'-1'.l=ef:~-----
Address 1' 0, 3lo)( 45/
(i,,·/roy 1 U <[50;;1./
Corp/Part ___________ _
Title _____________ _
Address. ____________ _
Page 1 of 2 Revised 07/10
(_ City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as uAny individual, finn, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person.___________ Corp/Part, ___________ _
Title, __________ _ Title, ____________ _
Address, __________ _ Address. ____________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Brian Hynek /C¢<'(v Hi-(Mk-Corp/Part Ocean View Carlsbad, LLC
Title 50% Owner /"'2f$0rµna, Title,_N_i_A __________ _
Address P.O. Box 451
Gilroy, CA 95021
Address. ____________ _
Page 1 of2 Revised 07/10
PROJECT DESCRIPTION
PROJECT NAME: OCEAN VIEW POINT-CARLSBAD
APPLICANT NAME: GA YL HYNEK
The proposed project is a subdivision of a 21.9-acre lot, APN 212-010-03-00, into 13 residential
lots on 5.4 acres, one private street lot ("Lot C"), and one open space/water quality basin lot
("Lot B"); 16.6 acres will remain open space. The proposed residential lots vary in size from 7
9,698 SF to 20,720 SF with an average lot size of 14,234 SF. The proposed subdivision will -~
require a General Plan Amendment to change the property's designation from RL to , a
Zone Change from R-1-30,000 to R-1 , approval of the Tentative Map for the subd" 1sion, a
Local Coastal Program Amendment because of the GP A and RZ, a Planned D elopment Permit
for the private street and non-conformin • ensions & buildin setback , a Site
Development Plan for on-site inclusionary housing, a Hillside Development Permit for hillside
grading, and a Habitat Management Permit for habitat disturbance. The project proposes a gated
entry from existing Twain Ave. Due to the erroneous encroachment of the adjacent subdivision
to the north, this project proposes to finish the dedication and construction of the existing Twain
Avenue cul-de-sac to current public road standards. Additionally, two of the lots from this
existing adjacent subdivision currently encroach into our project boundary. To remedy this
problem, this project is proposing a lot line adjustment with two of the existing single-family lots
to the north of Lot 1.
The property is currently undeveloped but has an approved tentative map (CT-02-06) for five
30,000-SF residential lots, a private street lot, and an open space lot. The slope analysis for CT-
02-06 (2002; attached) showed the site could accommodate 13 units, which motivates the present
application for a 13-lot residential subdivision. The proposed subdivision is designed to occupy
the same development footprint as the approved TM, but proposes a boundary adjustment
between Lots 1 and 2 and open space Lot A that will remove 2,217 SF from the open space; to
compensate for the removal, a development footprint adjustment is also proposed between Lots 9
and 10 and the open space Lot A that will add 2,217 SF to the open space lot. The area proposed
to be removed from the open space is of lesser habitat value than the area proposed to be added
to the open space.
The proposed project lies at the end of Twain A venue, abutting the Spyglass Hills neighborhood.
The adjacent neighborhood is designated RLM under the General Plan and zoned R-1 ; therefore,
the proposed GP A and RZ of the property will bring it into conformity with the surrounding
neighborhood. Since the average lot & pad sizes of this project are still larger than the average
lot & pad sizes in the adjacent neighborhood, this development will be more compatible to the
existing neighborhood than the previously approved 30,000 SF lots. At a meeting with Carlsbad
staff on May 12, 2015, the project proponent was informed tbat it was not necessary to provide
architectural plans for the project, and so will not be submitting architectural plans as part of this
application. ffhe project proponent has engaged, and will continue to engage, with the nearby
neighbors to vet the project and receive input about architectural design and community
amenities that may benefit the new and existing residents.
The project proposes public water and sewer facilities. However, due to topographic constraints,
a sewer lift station and force main is required to connect to the existing public sewer main in
Twain Ave. The onsite road and storm drain/water quality facilities are private and will be
maintained by the future homeowners association. The entire subdivision drains to the central
hydrornodification/water quality (HMP/WQ) basin in the center of the project. It was assumed
that each lot will have a maximum of 4,500 SF of impervious area and the HMP/WQ was sized
accordingly. Therefore, individual HMP/WQ facilities will not be required as long as the
maximum assumed impervious area is not exceeded on each lot. Additionally, the HOA will be
responsible for the maintenance of the perimeter manufactured slope. Lastly, the project
proposes to dedicate and construct a public trail connection from existing Twain Ave to the
easterly subdivision boundary.
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: (o-8,4 -I'S (To be completed by City)
Application Number(s):GPA 1'5--0:@.j LCTA 15-0? l ZG !'$-OB /CT ( "C:,-cJ~
GenerallnformationHHP 15-05/ HDP IS-03/?LUO 1$-15/SOP 15-i':S
1. Name of project: Ocean View Point
2. Name of developer or project sponsor: _G_a_y~I _H_,y:..n_e_k ____________ _
Address: P.O. Box 451
City, State, Zip Code: Gilroy, CA 95021
Phone Number: N/A -------------------
3. Name of person to be contacted concerning this project: Jim Whalen/Nick Doenges
Address: 1660 Hotel Circle North, Suite 725
City, state, Zip Code: San Diego, CA 92107
Phone Number: 619-683-5544
4. Address of Project: Terminus of Twain Avenue, Carlsbad, CA
Assessor's Parcel Number: 212-010-03-00 --------------------
5. 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:
GPA,RZ,LCPA,TM,PDP,HDP,HMP
6. Existing General Plan Land Use Designation: _R_U_O_S ____________ _
7. Existing zoning district: _R_-1_-_3_0_,:..0_0_0_/_O_S _______________ _
8. Existing land use(s): _u_n_d_e_v_e_lo..!p_e_d ________________ _
9. Proposed use of site (Project for which this form is filed): 13 residential units
Project Description
10.
11.
12:
13.
14.
P-1(0)
Site size 21.9 acres total; 5.4-acre development footprint
Proposed Building square footage: 3,500-4,500 SF homes
Number of floors of construction: Two-story maximum ----''----------------
Amount of off-street parking provided: 45 spaces
Associated projects: _N_/_A _____________________ _
Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: The proposed residential
subdivision will consist of 3,500-4,500 SF homes on minimum 7,500 SF
lots. Additionally, the project will include two attached inclusionary housing units
and two detached inclusionary housing units, size TBD
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
Rezone to allow increased density under R-1
P-1(0) Page 3 of 4 Revised 07/10
EIA INFORMATION FORM
PROJECT NAME: OCEANVIEW-CARLSBAD
APPLICANT NAME: GAYL HYNEK
#20) Change in existing.features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
The proposed project entails balanced cut and fill of25,500 CY (4,766 CY per graded acre) with
a maximum cut of 22 ft. and a maximum fill of 20 ft. Because this cut and fill requires a grading
pennit, this constitutes a substantial alteration of ground contours.
#21) Change in scenic views or vistas.from existing residential areas or public lands or roads.
Two existing residences are adjacent to the proposed project site, and their current views into the
project site are of native vegetation. With build-out of the proposed project, these views will be
changed to single-family dwellings and an open space lot.
#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.
The project is an undeveloped site at the end of Twain A venue. The proposed development
footprint is relatively flat, but the edge of the development footprint and open space contain
moderately sloping topography.
Regarding soil stability, the soils report indicates,"[ a] relatively thin mantle of compressible
topsoil, subsoil, and slopewash ranging between about two to three feet in thickness caps the site.
These materials are considered unsuitable, in their present condition, for the support of
settlement sensitive improvements, and should be removed and replaced as compacted fill"
(Christian Wheeler, October 10, 2013, p. 5).
The site vegetation consists of two native plant communities, coastal sage scrub and southern
maritime chaparral, and two altered or non-native habitat types, annual non-native grassland and
disturbed habitat. Per the 2001 Biological Resources Report by Dudek (update pending), no
state-or federa11y-listed threatened or endangered plant species occur on the site, but nine
sensitive plant species occur onsite. In 2001, two pairs of federally-listed coastal California
gnatcatchers were observed onsite~ surveys are pending.
No structures exist on-site, and no significant cultural or historical aspects are present at the site.
Per the 2001 Mitigated Negative Declaration ("MND," Dudek), "[t]he project could potentially
be seen from Cannon Road, College Boulevard, and Faraday Avenue, designated Community
Scenic Corridors in the Circulation Element of the City's General Plan," but the MND concluded
any impact to scenery would be less than significant.
#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.
Undeveloped and preserved canyon lands bound the site to the west, south, and east, and a
residential subdivision bounds the site to the north. A future City park site is located along
Faraday Avenue, south of the project site. The residential subdivision to the north consists of
single-family dwellings of approximately 3,000-4,000-SF, mostly two-story, on approximately
7 ,000-SF minimum lots.
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
2) Pedestrian Facilities
D Pedestrian Access to the Public Sidewalk
{9ityof
Carlsbad
D Direct Routes from Public Sidewalk to Each Building in the Project
3) Transit Facilities
D Convenient Access to Transit
4) Vehicle Facilities
D Preferential Parking for Carpools and Vanpools D Convenient Drop-off for Carpools and Vanpools Onsite
5) Facilities: On-Site Amenities
0 Cafe or Full Service Cafe D Kitchen capable of providing catering D Conference Center/Meeting Rooms D Conference Communication Equipment
D Wellness Center/Gym
D Athletic Facilities D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient
services
Updated 10/6/2016 9
Attachment "A" to Climate Action Plan Consistem,-y Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
~:ityof
Carlsbad
1) Completion of Annual Survey:
D Agree to conduct a TOM survey or an iCommute survey annually.
2) Designated On-site Transportation Coordinator:
D Agree to designate an on-site transportation coordinator to be the point of contact with
the City, regarding transportation demand management facilities and programs.
This person shall serve as the on-site coordinator.
3) Information Board or Kiosk:
D Information Board or Kiosk in Prominent Location for Residents, with resources on
all modes of transportation.
4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program:
0 On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program D Information about transit services to your location
5) Participation in Guaranteed Ride Home or similar program
0 Agree to participate in a Guaranteed Ride Home Program when a personal emergency
situation arises for tenant who uses an alternative commute mode to get to work
(or from work to home).
Updated 10/6/2016 12
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
6) Rideshare Services
D Rideshare matching services, subsidies or pre-tax donation
D Vanpool Services D Car Sharing Services D Assistance in Finding Commute Alternatives
7) Additional (Optional) Programs and Services:
D Telecommute Program
D Flexible work hours or compressed work week D Parking Management Plan D Other On-Site Amenities
SECTION V: AUTHORIZATION
Gityof
Carlsbad
Name and Signature of Designated Property Management or Human Resources ~:=~---~:=re------'.~a:~--------------j···i
l_l'_rl _____ -------~---_______ _____j_ ___________ ----
~ame and ~gnatur:_e of ~~-sit~transl!_(?rtati_on coordin:'!tor: jprcfelJ:'ed) __
5nnted Name :J:; Signature 1oate ------J.
--------------------------------~·
Name and Si~ature of City of Carlsbad Representative: ' - --,----- - - I -
L_Pr_inte_d __ Name ____ ---I Sig_~atu-re ----_l_Qat~ 1
Updated I 0/6/2016 13
STEP1 .
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ X 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 vou answered "no· to the above Question the project is a 'development oroiect' ao to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing newor 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-
D erodible permeable areas; X 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 guidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ X 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 vou answered "no" to the above auestions your 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 PROJECTS
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, X □
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 □ X 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 X
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 X
development project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ X 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 X □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcycles, and othervehicles.
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 X
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, or7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ X RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ X 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 X
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 "My project is a 'STANDARD PROJECT' ... • and complete aoolicant information.
E-34 Page 3 ot 4 REV 04/17
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVB.OPMENT PROJECTS~)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. D D
Total proposed newly created or replaced impervious area (B) = sq. ft.
Percent impervious area created or replaced (B/Ar100 = %
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.
check the first box statinQ "My project is a POP ... • and complete aoolicant information.
Go to step 5. check the
STEPS .-
CHECK THE APPRO~TE BOX AND COMPLETE APPLICANT INFORMATION
ref My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
I understand I must
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate iow 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: David Yeh Applicant Title: P.E. '1162717
Applicant Signatunr:;: --L Date: -3/2u~8 ~ .._,, 7
• Enwonmentally ~nsitrve Areas include but are nol I,m1ted 10 an Clean Water Aa Section 303(d) impaired waler bodies; areas desIgnaled as Areas of Special
Biological Significance by lhe Slale Water Resources Control Board (Water Quafity Control Pian for the San o,ego Bason (1994) and amendments): water bodies
designated v,;1h lhe RARE beneficfal use by lhe State Waler Resources Control Board (Water Quallly Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preser.,es or their equ,valent under lhe Mull, Species Conservation Program wilhin the Cilies and County of San Diego; Habitat
Managemenl Plan: and any other equ,valent enw onmenlally sensitive areas 1M11ch have been identified by the Cily
This Box for City Use Only
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
Page 4 of 4 REV 04117
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT '"A"
LEGAL DESCRIPTION
Chicago Title Company
ORDER NO.: 00095526-996-SDI-RT4
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 7, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT 02-06, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16265, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 27, 2018.
APN: 212-010-03
CLT A Preliminary Report Form -Modified ( 11117/06) Page 3
PRF.LlMJNARY REPORT
YOUR REFERENCE:
Chicago Title Company
ORDER NO.: 00095526-996-SDI-RT4
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 2018-2019.
B. 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.
C'. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFO) as
follows:
CFDNo:
For:
Disclosed by:
Recording Date:
Recording No.:
Public Capital Facilities
Notice of Special Tax Lien
May 20, 1991
1991-0236959 of Official Records
This property, along with all other parcels in the CFO, is liable for an annual special tax. This special tax is included
with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be
prepaid.
I. Water rights, claims or title to water, whether or not disclosed by the public records.
2. Matters contained in that certain document
Entitled: Agreement Regarding Water Pipe lines
Executed by: W.D. Cannon, Paul Ecke, Magdalena Ecke, Irwin Kelly, Dorothy Kelly and Lavinia L
Kelly
Recording Date: March 20, 1956
Recording No: Book 6024, page 418 of Official Records
Reference is hereby made to said document for full particulars.
3. Easement(s) for the purpose(s) sho\\'11 below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
J. Blair Pace, S.L. Kelly and Title Insurance and Trust Company
Road and utility purposes
October 3, 1963
as Instrument No. 177051 of Official Records
Said land
The exact location and extent of said easement is not disclosed of record.
4. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Agreement and Mutual Easement Deed
Howard G. Kirgis, Ida B. Kirgis and Title Insurance and Trust Company, et al
March 26, 1964
as Instrument No. 55458 of Official Records
Reference is hereby made to said document for full particulars.
CLTA Preliminary Report Fonn -Modified {I J/17/06) Page 4
PRELIMINARY REPORT
YOlTR REFERENCE:
Chicago Title Company
ORDER NO.: 00095526-996-SDI-RT4
EXCEPTIONS
(Continued)
The exact location and extent of said easement is not disclosed of record.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Agraria Investment Corporation, et al
Water supply pipeline and public utilities and incidental purposes
October 18, 1965
as Instrument No. 189244 of Official Records
Said land
The exact location and extent of said easement is not disclosed ofrecord.
6. Matters contained in that certain document
Entitled: Agreement Between Developer and City of Carlsbad for the Payment of Public Facilities
Foe
Recording Date: May 2, 1984
Recording No: 84-162084 of Official Records
Reference is hereby made to said document for full particulars.
7. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
Trustor/Grantor
Trustee:
Beneficiary:
Recording Date:
Recording No:
$1,660,000.00
January 12, 2004
Pergola Nevada, LLC
E.C.J. Corporation
Polo Investments Fund No. I, LLC
January 14, 2004
2004-0028 l l 5 of Official Records
A substitution oftrustee under said deed oftrust which names, as the substituted trustee, the following
Trustee:
Recording Date:
Recording No:
PLM Lender Services, Inc.
May 13, 2008
2008-0257764 of Official Records
By various assignments, the beneficial interest thereunder is now held of record in:
Assignee:
Recording Date:
Recording No:
Brian and Gay] Hynek
September 15, 2008
2008-0488126 of Official Records
A collateral assignment of the beneficial interest, which names
Assignee:
Recording Date:
Recording No:
Coast Capital Income Fund, LLC
September 15, 2008
2008-0488127 of Official Records
CLT A Preliminary Report Form -Modified ( 11/17/06) Page 5
PRELIMIKARY RLPORT
YOUR REFERENCE:
Chicago Title Company
ORDER NO.: 0009SS26-996-SDI-RT4
EXCEPTIONS
(Continued)
An assignment which purports to transfer the beneficial interest under said deed of trust. At the date thereof, the
named assignor was not the record holder of the beneficial interest.
Assignor:
Assignee:
Recording Date:
Recording No:
Bridge Bank, NA
Coast Capital Income Fund, LLC
February 22, 2011
2011-00974 78 of Official Records
A collateral assignment of the beneficial interest, which names
Assignee:
Recording Date:
Recording No:
Brian Hynek and Gail Hynek
April 18, 2014
20I4-0154625 of Official Records
8. A deed of trust to secure an indebtedness in the amount shov.n below,
Amount:
Dated:
Trustor/Grantor
Trustee:
Beneficiary:
Recording Date:
Recording No:
$1,350,000.00
March 11, 2014
Ocean View-Carlsbad, LLC, a California limited liability company
San Diego Private Bank
San Diego Private Bank
March 17,2014
2014-0 I 03154 of Official Records
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication,
on the map of said tract/plat;
Purpose: General utility and access purposes
Affects: Lots 3, 4, 5 and 6 as shown on Map No. 16265
Purpose: Open space purposes
Affects: Lot 7 as shown on Map No. 16265
10. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication,
on the map of said tract/plat;
Purpose: Private drainage purposes over Lot 2 for the benefit of Lot 6 as shown on Map No. 16265
11. Provisions, herein recited, ofthe dedication statement on the
Map of:
Provisions:
Affects:
12. A Notice
Entitled:
Recording Date:
Recording No:
16265
Irrevocable offer for dedication of an easement for trail purposes
Lot 7 as shown on Map No. 16265
Notice ofRestriction on Real Property
March 2, 2018
2018-0083766 of Official Records
Reference is hereby made to said document for full particulars.
('LTA Preliminary Report Form -Modified ( 11/17/06) Page 6
PRELIMINARY REPORT
YOUR REfERENCE:
l 3. A Notice
EXCEPTIONS
(Continued)
Chicago Title Company
ORDER NO.: 00095526-996-SD1-RT4
Entitled:
Recording Date:
Notice and Waiver Concerning Aircraft Environmental Impacts Case No. CT 02-06
March 2, 2018
Recording No: 2018-0083768 of Official Record~
Reference is hereby made to said document for full particulars.
14. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Hold Harmless Agreement Geological Failure
March 7, 2018
2018-0089 I 51 of Official Records
Reference is hereby made to said document for full particulars.
15. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Hold Harmless Agreement Drainage
March 7, 2018
20 18-0089152 of Official Record~
Reference is hereby made to said document for full particulars.
16. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Notice of Restriction on Real Property
March 23, 2018
2018-0116334 of Official Records
Reference is hereby made to said document for full particulars.
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH
FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
END OF EXCEPTIONS
CUA Preliminary Report Form -Modified (11/17/06) Page 7
PRELIMINARY REPORT
YOUR REFERENCE:
None
REQUIREMENTS SECTION
END OF REQUIREMENTS
CL TA Preliminary Report form -Modified (11/17106)
Chicago Title Company
ORDER NO.: 00095526-996-SDI-RT4
Page 8
PRELIMINARY REPORT
YOUR REFERENCE:
None
Theresa Robertson/gp
INFORMATIONAL NOTES SECTION
END OF INFORMATIOl\"AL NOTES
Cl.TA Preliminary Report Form -Modified (11/17/06)
Chicago Title Company
ORDER NO.: 00095526-996-SD1-RT4
Page 9
:?¥f IRE SAFE. I Inquire before you wire!
Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a la,\l)'er.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they
simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with
this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone
number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
• NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in
the course ofa transaction.
• ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who
sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone
numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction
as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the
email may be intercepted by the fraudster.
• USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your
passwords greater than eight (8) characters. Also. change your password often and do NOT reuse the same password for
other online accounts.
• USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific
instructions on how to implement this feature.
For more infonnation on wire-fraud scams or to report an incident, please refer to the following links:
Wire Fraud Alen
Federal Bureau of lnvestigation:
http://www,fbi. gtJv
Original Effective Date: 5/11/20 l 7
Current Version Date: 5/11/2017
Jnternet Crime Complaint Center:
http://www.ic3.go1•
Page I
WIRE0016 (OSI Rev. 12/07/17)
"JAi and ,t:; Fideli(l' .',,"ationa/ F inancia/, Im:. andior an ofjiliare. All righls reserved
FIDELITY NATIONAL FINA~CIAL, INC.
PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidial)' companies {collectively, ·'FNF ." "our," or .. we") respect and are committed to
protecting your privacy. This Privacy Notice explains how we collect, use. and protect personal informatinn, when and to whom we disclose such
information, and the choices you have about the use and disclosure of that information.
Types oflnformation Collected
We may collect two types of information from you: Personal Information and Browsing Information.
Personal Information. FNF may collect the following categories of Personal Information:
• contact information (e.g.. name, address, phone number, email address):
• demographic information (e.g.. date of birth, gender, marital status);
• identity information (e.g .. Social Security Number, driver's liccn~e. passport, or other government ID number):
• financial account information (e.g., loan or bank account information); and
• other personal information necessary to provide products or services to you.
Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, on line service.
or application {each an '·FNF Website") from your Internet browser. computer, and/or mobile device:
• Internet Protocol (IP) address and operating system:
• browser version, language, and type:
• domain name system requests: and
• browsing histOl)' on the FNF Website, such as date and time of your \'isit to the FNf' Website and visits to the pages within the FNI'
Website
How Personal Information is Collected
We may collect Personal Information aOOut you from:
• information we receive from you on applications or other forms:
• information about your transactions ¼ith FNF, our affiliates. or others; and
• information we receive from consumer reporting agencies and/or governmental entities. either directly from these entities or through
others.
How Browsing Information is Coll«:ted
If you visit or use an FNF Website. Browsing Information may be collected during your visit. Like most V>'ebsites, our servers automatically log each
visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration,
troubleshooting, fraud investigation. and to improve our websites. Browsing Information generally does not reveal anything personal about you,
though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain
browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a ''cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet
browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For
example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can
choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of
the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page ha~ been ~iewed. This information is used to improve our
¼<ebsites.
l)o Not Track. Current!) our F\IF Websites do not respond to "Do Not Trac:k" fea1Urcs enabled through )Our brov,scr.
Links to Other Sites. FNF Websites may contain links to other websites. !'NF is not responsible for the privacy practices or the content of any of
those other websites. We advise you to read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
• To pro\'ide products and scrvkes to you or in connection with a transaction imolving you.
• To improve our products and service,.
• To communicate with you aOOut our. our alllliates'. and third partie~' products and service~, jointly or independently.
When Information ls Disclosed
'Vie may make disclosures of your Personal Information and Browsing Information in the following circumstances:
• to enable us to detect or prevent criminal activity. fraud. material misrepresentation. or nondisclosure;
• to nonalllliated service providers who provide or perform ,ervices or functions on our behalf and who agree to use the information only to
pro\·ide such services or functions:
• to nonafllliated third party service providers with whom we perfonn joint marketing. pursuant to an agreement \\ith them to jointly market
financial products or services to you:
• to law enforcement or authorities in connection \\·ith an in\·estigation. or in response to a subpoena or court order; or
FNF Privacy Statement (Eff. 5/1/2015) i,ast Updated March 1. 2017
MISC0219 (OSI Rev. 3/2/17)
Copyright :e 2017.
l'age 1
Fidelity National financial. Inc. All Rights Reserved
Order No. 00095526-996-SD 1-R 1"4
• in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or lo protect the rights, property,
or safety ofFNF. its customers, or the public.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose
your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not other.vise share your
Personal Jnformation or Browsing Information with nonaffiliated third parties, except as required or permitted by law.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other
disposition of all or part of the FNF business and/or assets, or in the event ofbankruptcy, reorganization, insolvenc). receivership, or an a~signment
for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, y·ou expressly agree and consent to the use
and/or transfer of the foregoing information in connection with any of the ahove described proceedings.
Please see ·'Choices \\-'ith Your Inform11tion'' lo learn the disclosures you can restrict.
SecuritJ of\' our Inform11tion
We maintain physical, electronic. and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information
about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this
Privacy Notice. we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws.
Choices With Your Information
If you do not want FNF to share your information with our affiliates to directly market to you, you may send an ··opt out'' request by email. phone, or
physical mail a~ directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffi\iates for their use to direct market
to you.
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or
Browsing Information. FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties. except as permitted
by California law.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set
forth at the end of this Privacy Notice. Nevada law requires that we also pro\ide you with the follov,ing contact information: Bureau of Consumer
Protection, Office of the Nevada Attorney General, 555 E. Washington St.. Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132:
email: BCPJNFO@ag.st111e.nv.us.
For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing
purposes, except after you have been informed by us of such sharing and had an opJX)nunity to indicate that you do not want a disclosure made for
marketing purposes.
For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information,
financial information, credit report, or health information to nonaffiliatcd third parties to market to you, other than as permitted by Vermont law,
unless you authorize us to make those disclosures.
lnform11tion From Children
The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal
Information from any person that we know to be under the age of thirteen (I 3) without permission from a parent or guardian.
Internation11I (:sers
FNF's headquarters i~ located within the United Stalt:s. lfyou reside outside the United States and choose to provide Personal Information or
Browsing Information to us. please note that we may transfer that information outside of your country ofresidenc,;, for any or the purposes described
in this Privacy Notice. By providing FNF with your Personal lnfomiation and/or Browsing Information, you consent to our collection, transfer. and
use of such information in accordance with this Privacy Notice.
FNF Website Sen-·ices for Mortgage Loans
Certain FNF companies provide servic,;,s to mortgage loan scrvicers, including hosting websites that collect customer infonnation on behalf of
mortgage loan service rs (the ·•service Websites"). The Sen ice Websites may contain links to both this Privacy Notice and th,;, mortgage loan servicer
or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing
and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or !ender· s privacy notice governs use. disclosure, and
access to your Personal lnformation. FNF docs not share Personal Information collected through the Service Websites. except (I) 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 necessar)
to comply with a legal process or applicable lav,_ to enforce this Privacy Notice. or to protect the rights. property. or safety of FNF or the public.
Your Consent To This PriV11cy l\otice; ;\,otice Changes
Ry submitting Personal Information and/or Rrowsing lnfonnation to FNF, you consent to the collection and u,,e of the information in accordance
with this Privacy Notice. V.'c may change this Privacy Notice at an) time. The revised Privacy Notice. ~huwing the new rcvi,ion date. will be posted
on the FNF Website. Each time }OU provide information 10 us following any amendment of this Privacy l\"otice. your provision of infonnation to us
will signiJ)' your ossenc to and acceptance of the tenns of the revised Prl\acy Notice for all previously collected infonnation and infonnation
FNI-' Privacy Statement (Eff 5/l /2015) Last Updated Man:h I. 2017 Copyright ·D 2017. Fidelity National Financial. Inc. All Rights RcscrYcd
MISC02 ! 9 (DSI Re\. 3/2/17) Page 2 Order No. 00095526-996-SD 1-RT4
collected from you in the future. We may use comments. infonnation or feedback that you submit to us in any manner that we may choose without
notice or compensation to you.
Accessing and Correcting Information; Contact Lis
If you have questions, would like to access or correct your Personal Jnfomiation, or want to opt-out of information sharing for affiliate marketing.
send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Prhacy Officer
FNF Privacy Statement (LIT. 5/112015) Last Updated March 1. 2017
M1SC0219 (OSI Re\·. 312/17)
Copyright Ii· 2017.
Page 3
Fidelity l\"ational Financial. lnc. All Rights Reserved
Order No. 00095526-996-SDI-RT4
Notice of Available Discounts
Pursuant to Section 2355.3 in Title JO of the California 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 field 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
each discount. These discounts only apply to transaction 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.
FNF Underwritten Title Company
CTC -Chicago Title Company
Available Discounts
FNF Underwriter
CTIC -Chicago Title Insurance Company
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened
within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent
policy charge within the following time period from the date of the report.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within
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 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
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 50% to 70% ofthe appropriate title insurance rate,
depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance
rate, depending on the type of coverage selected.
EMPLOYEE RATE (CTC and CTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary
title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide
home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to
pay, by established custom, as a party to the transaction.
ATTACHMENT O'1/E
CALIFOR!\IA LA'IID TITLE ASSOCIATIO1'
STA'lrlDARD 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.
(bl 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
(c) resulting in loss or damage which would not have been sustained if the insured claimant had paid rnlue 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 inabilit}' or failure
of any subsequent ovmer of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated.
5. lnvalidit)' or unenforccability 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 of 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 FRO.\1 COVERAGE -SCHEDl:LE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, anome~·s' fees or expenses) which arise by reason of:
I. Taxes or assessments which arc 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 shmm 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 !ien for services, labor or material not sho"wn by the public records.
CLTA HOMEOWI\ER'S POLJC\ OF TITLE INSURANCF: (12-02-13)
ALTA HOMEOWNER'S POLICY O.t" TITLE INSlTRANC.E
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are no( insured against loss, costs. attorneys' fees, and expenses resulting from:
1. Governmental police power. and the existence or violation of those ponions of any law or government regulation concerning:
a. building:
b. zoning;
c. land use:
d. improvements on the Land:
e. land division: and
I'. 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 ],and by condemning it. This Exclusion doe, not limit the coverage de~cribed in Co\crcd 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. 1ha1 are Known to You a1 the Policy Date. but not to Us. unless they arc recorded in the Public Records at lhe Policy Date;
Attachmcm One (6-5-14) CA & NV
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 I ,and.
This E.~clusion docs 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. stale
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 O'.'J 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 ofl.iability shown in Schedule A.
]be deductible amounts and maximum dollar limits shown on Schedule A arc 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)
2006 AL TA LOAN POUCY (06-17-06)
EXCLllSIO'.\lS FROM COVERAGE
Our Maximum Dollar
Limit ofLiability
$ 10,000.00
$ 25.000.00
$ 25.000.00
$ 5.000.00
"lbe following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
I. (a) An;i.-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 uf any improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. "Ibis Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modi!)· 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;
(cl resulting in no loss or damage to the Insured Claimant:
(d) attaching or created ~ubsequent to Date of l'olic;i.-(hO\\'C\'Cr, this does not modify or limit the rn\erage provided under Covered Risk 11. 13
or 14); or
(c) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid ,·aloe for the Insured Mortgage.
4, llnenforceability 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 ofthe 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· right~ laws, that the transaction creating the
!ien ofthe 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. An;i.-lien on the Title for real estate taxes or assessments imposed by governmental authority and cri:ated or attaching between Date of Policy
and the date of recording of the Insured \1ortgagc in the Public Records. lbis l:xclusion docs nol modify or limit the coverage provided under
Covered Risk l l(b).
The abo,·e 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:
EXCHTIO~S FRO\1 CO\'l'.:RAGE
(Except as provided in Schedule B -Part II.( t(or T)his policy does no1 insure against loss or damage, and the Company will not pa) costs. attorneys·
fees or expen~es, that arise by ri:a~on of:
Att.ichmenl One (6-5• 14) CA & '.-IV
(PART I
{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 arc 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 shomi by the records of such agency or by the Public Records.
2, Any facts. rights, interests. or claims that are not shov,n 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, Hens or encumbrances, or claims thereof. not shomi by the Public Records.
4. Any encroachment. encumbrance, violation. variation, or ad~erse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shomi 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 shov.-:n by the Public Records.
6. Any lien or right to a lien for services. labor or material not shovm by the Public Records.
PARTJI
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:)
2006 ALTA OWl'\"ER'S POLICY (06•17--06)
EXCLllSIO'.'IS FROM COVERAGE
The following matters arc expressly excluded from the coverage of this policy. and the Company will not pay loss or damage. costs, anomcys' 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 sulxlivision ofland; or
(iv) environmental protection:
or the eflect of any violation of these laws. ordinances, or governmental regulations. lbis Lxclusion l{a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) docs 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 Kno\\TI to the Insured Claimant and not disclosed in
\\riling 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 mod if)' 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, tha1 the transaction vesting the
Title as shomi in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any· lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as sho\\11 in Schedule A.
The abo\ e policy form may be issued to afford either Standard Coverage or Extended Co\'erage. In addition to the ahovt: Exclusions from Co\'crage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIOl\"S J<"ROM COVERA<iE
"[his policy does not insure against loss or damage, and the Company will not pa)· costs, attomeys' fees or expenses. that arise by reason of:
(lhe 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 follrming Exceptions from Coverage:
l. (a) Taxes or assessments that arc not shown as existing liens by the records ofan) taxing authority that levies taxes or assessments on real
proper!) 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 shov,11 by the records of such agency or by the Public Records.
2. An) facts. rights. interest~. or claims that are not shov,n in the Public Records bu1 that could be ascertained by an inspection ofthc Land or that
may be a~serted b)' person~ in possession ofthe Land.
3. Easements. liens or encumbrances. or claims thereof, not sh0\'11 by the Public Records.
4. Any encroachment, encumbrance. violation. variation, or adverse circumstance affecting the I itle that would he disclosed by an accurate and
complete land survey of the Land and that are not shomi by the Public Records.
5. (a) Unpatcntcd mining claims; (b) reservations or exceptions in patents or in Ach authorizing the issuance thereof: (c) water rights, claims or
title to water. whether or not the matters excepted under (a), (h). or (c) arc sh0\\11 by the Public Records.
6. Any lien or right to a lien for services. labor or material not sho\,n by the Public Records.
7. (Variable exceptions such a5 taxes, casements. CC&R"s. etc. shovm here.)
Attachment One (6-5-14) CA & NV
ALTA EXPANDED COVERAGE RESIDE:'iTIAL LOAN POLICY (12-02-13)
EXCLllSIOl\"S FR0:\1 COVERAGE
"!he 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 (inclL1ding 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) cm,ironmental 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, l 3(c), I 3(d), 14 or 16.
(bl Any governmental police power. This Exclusion l(b) docs 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 docs not modify or limit the coverage provided under Co~ered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed. or agreed to by the lnsured Claimant;
(b) not Knmm to the Compan)', 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 docs not mod if)' 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 ofan Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceabilil)' in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthc 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 Co,,crcd Risk 26.
6. Any claim of invalidit)', unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Jnsurcd 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 docs not modif) 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. "Ibis Exclusion does not modi-!)-· or limit the coverage provided in Covered Risk l l(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 rca~on of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien ofthe Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for an~· 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 (6-5-14) CA & NV