The URL can be used to link to this page

Home My WebLink AboutCT 2022-0003; CARLSBAD BY THE SEA SUMMERHOUSE; Tentative Map (CT), r. (_ C1tyof ·earls bad .. LAND USE REVIE~ APPLICATION p;;f "),•", Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits Ix] Coastal Development Permit D Minor ~ Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D , Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ~ Site Development Plan D Minor D Special Use Permit ~ Tentative Parcel Map (Minor Subdivision) ¢' Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits 2022-c,c?l{ -=r- zo 2-2.--00 l ll 711Zi-of'\ l \ 2o2Z.-{l)tY)~ D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Mil'lor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major ' (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT°. PLEASE CALL 442-339-2600 TO MAKE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE *SAME DAY APPOINTMENTS ARE NOT AVAILABLE APN 2031440400; APN 2031440500; APN 2031440600; APN 2031440700; APN 2031440800 271 0; 2720; 2730 AND 2740 Ocean Street, Carlsbad CA 92008 (STREET ADDRESS) Carlsbad by the Sea Summerhouse The project proposes the consolidation of 5 adjacent parcels for the development of a multilevel building. The new building (+/-40,000sf) in the consolidated lot(+/-27,875 SF) is proposed as a "Professional Services" use facility that will be operated under the same license as the adjacent Carlsbad By the Sea Retirement community. (SITE IMPROVEMENTS) 15, 000 000.00 $ ESTIMATED COMPLETION DATE 04 2024 FOR CITY USE ONLY Development No. '[)EV Zc/2. 2-(9{) G 3 Lead Case No. P-1 Page 1 of 6 Revised 3/22 -. OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME Jeff Sianko (if applicable): Jeff Sianko (If applicable): COMPANY NAME COMPANY NAME (1f applicable): Front Porch Communities and Services (If applicable): Front l?orch Communities and Services MAILING ADDRESS: 800 North Brand Blvd. 19th Floor MAILING ADDRESS: 800 North Brand Blvd. 19th Floor CITY, STATE, ZIP: Glendale I CA CITY, STATE, ZIP: Gelndale, CA TELEPHONE: 626-688-5160 TELEPHONE: 626-688-5160 EMAIL ADDRESS: JSIANKO@frontporch.net EMAIL ADDRESS: JSIANKO@fronteorch.net I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATNE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~~:s~ 07.28.2022 SIGN~:s~ 07.28.2022 DATE DATE SIGN APPLICANT'S REPRESENTATIVE (Print): Paula Digemess MAILING ADDRESS: 2855 Carlsbad Blvd CITY, STATE, ZIP: Carlsbad CA 92008 TELEPHONE: 760.435.2321 EMAIL ADDRESS: pdigerness@frontporch.net I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE ~~;,:tFgRMAcii~~~ 'I IS &TRUE AND CORRECT 10 1H0ST~OF MY ' i_ka •. ~'~ 9, 2d ~ §IGNATURE ,_,,, DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~s~ RRTY OWNER SIGNATURE FOR CITY USE ONLY ~,.w...a-. ~. &I, aoa1- DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2of6 Revised 3/22 • 7 ;, OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (PLEASE P Jeff Sianko (if applicable): Front Porch Communities and Services MAILING ADDRESS: 800 North Brand Blvd. 19th Floor CITY, STATE, ZIP: _G=le~n=da=l=e_,_,_:C;_;_A..;;.._ ______ _ TELEPHONE: 626-688-5160 --------------EM A IL ADDRESS: JSIANKO@frontporch.net I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~s~ 07.28.2022 DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE PURPOSES OF THIS APPLICATION AND THAT A INFORMATION IS TRUE AND CORRECT TO THE KNOWLEDGE. SIGNATURE APPLICANTN (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Jeff Sianko __________ _,_ __ COMPANY NAME (if applicable): Front Porch Communities a MAILING ADDRESS: 2855 Carlsbad Boulevar: CITY, STATE, ZIP: Carlsbad CA _ ___ ...._ ________ _ TELEPHONE: 626-688-5160 --------------EM A IL ADDRESS: I CERTIFY THAT I AM THE LEGAL R ESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFOR ION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 07.28.2022 DATE IN THE PROCESS OF REVIEWING THIS AP COMMISSIONERS OR CITY COUNCIL MEMBE APPLICATION. I/WE CONSENT TO ENTRY FO ION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS HIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY RECORDED 'ON THE TITLE TO ,HIS PR THE LAND AND BIND ANY SUCCESSO FOR CITY USE ONLY P-1 NER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH .IN INTEREST. Page2_9f6 AUG 04 2022 CITY OF CARLSBAD PLA/\Jf\!/i\JG DJV1s1nr,r DATE STAMPAPPLICATIONRECEIVED RECEIVED BY: l .. - Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in _compliance with the· subject approved permit. .• Ck# 'y'_ L. i __ si:g~~t~~e. __ .,.._·; __ ~__,tfj-,_,-1'-1-_v_•~-------------Date: 07.28.2022 Certification Statement I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. (~i_9_~_at1:1r~:,;_ -~n~A~h;,;~:s::..-j.s:S~~~-~~--------# vV P-1 Page 3of6 Date: 07.28.2022 Revised 3/22 ·Ccityof Carlsbad ;DISCLOSURE STATEMENT ·p_ 1(A) Deveio.pmen t >Servite•s • • • • Planning Divisicm '1635 Faraday Avenue (442) 339~2610 www.carlsbadca.gov Applicant's 'statement or disclosure of certain ownership .interests :on all appiications :which will require discretionary :action on the part of the City Council ,or any appointed Board, ·commission pr comm'ittee. • • • • The following information 'MUST b~ clisclosed at the time of ;appllcation submittal. Your project cannot be ·reviewed until this inform~tion .is completed. Please print. • • I !!!l~!!ll t~If l&llil-~*~1~1~:1itf i~1ttii:~ij~~ ,i lc:ify,friUijigipa,lity, iqi$tric(or,,othe.rpcili\i~I sub, _ • -'• cif:it~i"{ai;iy(_otlj~r'groqp,'()t,cgrnpil'l~tii)n actintraifa unitt/l l!iiii'ti~%~i!ii~it?i~,iiiiiiiiii,i:i~tt~li~fi~ei~:i~~ 1. APPLICANT '(Not the applicant's agent) ;Provide the COMPLETE, LEGAL names and addresses of ,ALL persons having -a ,financial interest fn the application. If the applicant includes a corporation or partnership. Include the names, titles, addresses of aU indiViduals owning :more than t0% of the isha_res. lF NO INDIVIDUALS QWN MORE THAN 10% OF THE .SHARES, PL~ASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a pliblicly~owned ,corporation, include the names, titles, anct addresses :of the ,corporate officers. • (A 'separate pag13 may be attached 'if necessary.) persqn NIA Corp/Part Fron,t Porch tommu11ities and :Seryic:es Title_,-......... --------........ -------title ------------------------Address._. ____________________ _ Address SQQ N. Brand Blvd., '19th Floor Glendale; CA9J203 2.. .OWNER (Not the owner's ageilt) _ :P-1(A) Prpvide the ,COMPLETE, LEGAL names ,and :addresses of & persons having any .ownership interest in the :property involved. Also, provide .the ,nature ·of the legal ownership (Le,, 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, P_LEASE INDICATE NON-APPLICAl3lE.-(N/A) IN T_HE :SPACE :BE:LOW. If a .publicly-owned. ,corporation, include the names, titles, a.nd addresses of th'e :corporate officers. (A separate page may be attai::hed if nec~ssarY:) Petson. ___ N __ /A ___________ _ Title.--'··---------,.,._------,-------- Address. ---------------------- Corp/Part Front Porch Communities ·and Services Title ___ ------------------- Address :~oo '.N .. Brand J3lvd., J9th'J<loot 1Gleridale, CA 91203' Pagi:i1 of 2 Revised .312? ... 3. '.NoN;.PROFIT :ORGANl;ZATION ·OR TRUST If any person 'identified pursuant to (1) or i(2) above is a nonprofit organization or a trust, list ·the names anq .addresses of ANY person senii'ng as an officer 9r director of the :.non'- profit organization ot as trustee or beneficiary of the. . Non Profitlrrust Front Porcih Conimunities and Non Profit/Trust . Services -----------'--'--'------- Title ____ -------------------------Title. ____ -___ ..,....... __________ ____ Address -----'-------------SEE ATTACHED Address._,...:.,--------------'----........ __ 4. Have you had ·more ·than $500 worth of ;business transacted with any ,member of City staff, Bo~rcls, commissions, committees. and/or ·co~nqil within the past ·twelve '(12) ~~~ ' D Yes Ix ·1 No If yes, please indicate person(s): __ . -------------- NOTE: Attach additjqnal sheets if nec,:essary. I certify that aH the above information is true and correct to the best of my knowledge. FrontPorch.Cominunities and Services by Rachel Vranich, _Front:Porch Communities ·and Services by Rach~! Vr~ich, Print or type name of owner Secretary Print or type name of applicant Secr¢tary Signature of owner/applicant's •agent if applicable/date Print or type name of owner/applicant's agent P,1(A) Page.2of2 Revised 3/22, .. ;Attachment 'to Disclosure Statement :P-l(A) Fre>nt ;Porc:h :commlJn1tie~ and Sei'Vic:es Front Porch Commllnitiesand Services,the appllcc1nt·and owner; is a :california nonprofit public benefit corporation. 'The rollowing:are the names and addressesorthe pfficers:and dir~ttors. - Officers John Woodward, President an-d Chief Executive Officer 800 :N. Brand ijhid., l9th Floor 'Glendale; CA 91i03 Ed1,1a.rd0Salvador, Chief.Financic1I Officer 800 N. Brand Blvd., 19tn 'Floor Glendale,. CA :91203 Rathel Vranich, :secretary and Chief .Legal Officer 800 :N. Brand Blvd., 19th Floor Glendale, CA91203 Jeff S1anko, ,Chief Operating Officer 800 N. B.rc1nd Blvd., '19th 'FIOor Glenda.le, CA91203 'Directors Peter Dunckel, Director :16,6i •Pine 'Street Apartment 71'- San F.rancisto,,CA.94109 NancyDuranteau, Director '280 Caldecott Lane 31,4- 0akland, CA 94618 Vince Forte,Vice Chair 1.237 Rose Lane .Lafayette, CA ,94549 Joanne Handy, Director 70 Taraval Street San Francisto,.CA94l16 Mary Ellen Heisirig, Director 5555 Montgomery :Orive A4 ·santa Rosa, C:A '95409 Laura Jacobs, Director 10154 Bridleva'ieDrive Los Angeles, CA 90064 Jimmie Kennedy, Director 891 s. Waln.ut Street Unit 205 Anaheim, CA;92802 ·Kevi.n Kroeker, Director 5048 Humphrey Way .La Crescenta, CA91214 Marion McGovern, Director .2423 Broadway San :Francisco, tA94115 Kay Murphy, Direc:tor 650 Harrison Avenue Claremont, CA 9.1711 Deborah'Proctor, Chair 701 Poppy Avenue Cor~ma Del Mar, CA 92625 Suanne R~mar, Director '18-600 BlytlJswood Drive Los Gatos, CA95030 Lannie ioonu, b.irector 290W. Duarte Road Arcadia, CA 9:(007 Oliver Wesson Jr,, Director 7 K1n·gsbury Street Alameda, C:A94501 Susan Whittaker, Director 3958 Mediterranean lane Lake Havasu~ity, AZ86406 ( Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Carlsbad by the Sea Summerhouse -Front Porch APPLICANT NAME : Front Porch Communities and Services Development Services Planning Division 1635 Fara day Avenue (442) 339-2610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The project proposes the consolidation of 5 adjacent parcels for the development of a multilevel building. The new building (+/-40,000sf) in the consolidated lot(+/-27,875 SF) is proposed as a "Professional Services" use facility that will be operated under the same license as the adjacent Carlsbad By the Sea Retirement community. The proposed building will consist of the following: Basement Level : Parking will be located in the basement level with a total of 30 Vehicular Parking Spaces, Level 1 (Ocean Street Grade Level): 19 Memory Care Licensed Beds (Professional Services) Level 2 (Garfield Street Grade Level): 16 Licensed Residential Professional Care Beds in 10 Units. Level 3 (Upper Level with Roof Terrace): 7 Licensed Residential Professional Care Beds in 5 Units In Total the project proposes 42 Professional Care Licensed Beds. Conceptual Project Image P-1(B) Page 1 of 1 Revised 3/22 Ccicyof Carlsbad HAZARDOUS WAST' AND SUBSTANCES STATEMENT p,.1(C} '." ' Development Services Planning Division 1635 Faraday Avenue {442) 339-2610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant tci Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application!.!:]! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Fornt Porch Communities and Services Address: 800 North Brand Blvd. 19th Floor Glendale , CA Phone Number: 626-688-5160 PROPERTY OWNER Name: Fornt Porch Communities and Services Address: 800 North Brand Blvd. 19th Floor Glendale , CA Phone Number: __ 6_2_6_-6_8_8_-_5_1 _60 ___ _ Address of Site: 271 0; 2720; 2730 AND 2740 Ocean Street, Carlsbad CA, 92008 Local Agency (City and County):_C_ity_o_f _C_a_rl_s_b_a_d _______________ _ APN 2031440400; APN 2031440500; Assessor's book, page, and parcel number: APN 2031440600; APN 2031440700; APN 203144osoo Specify list(s):._N_A ___________________________ _ Regulatory Identification Number:_N_A _____________________ _ Date of List:. __ N_A ____________________________ _ 7/28/2022 Applicant Signature/Date : Property ~ 7gnature/Date .·• The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 3/22 Ccicyaf Carlsbad EIA INFORMATION FORM P-1{Dl INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Service-s Planning Division 1635 Faraday Avenue • (442) 339-2610 www .ca rlsba d.ca .gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title f9 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies {i.e., biological, cultural resource, traffic, noi!;ie) thijt are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important When a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(D) Page 1 of4 Revised 3/22 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: No".'-\ 1 2o2.2... (To be completed by City) Application Number(s): CT 2022-0003/CUP 2022-0014/CDP 2022-0047 (DEV2022-0063) General Information 1. Name of project: Summerhouse at Carlsbad by the Sea -Front Porch 2. Name of developer or project sponsor: Front Porch Communities and Services - Carlsbad by the Sea Community Address: 800 North Brand Blvd. 19th Floor City, State, Zip Code: G_le_n_d_a_le_,_C_A ___________________ _ Phone Number: 626-688-5160 --------------------------- 3. Name of person to be contacted concerning this project: _J_e_ff_S_i_a_n_ko _________ _ Address: _B_0_0_N_o_rth_B_ra_n_d_B_l_v_d_. 1_9_t_h_F_lo_o_r ______________ _ City, State, Zip Code: _G_le_n_d_a_le_, _C_A __________________ _ Phone Number: 626-688-5160 4. Address of Project: 2710; 2720; 2730 AND 2740 Ocean Street, Carlsbad CA 92008 Assessor's -Parcel Number: APN 2031440400; APN 2031440500; APN 2031440600; APN 2031440700; APN 2031440800 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: . Coastaf Development Permit, City of Carlsbad Planning Department CUP , Cityof Carlsbad Building Permit 6. Existing General Plan Land Use Designation:General Plan use R-15 (8-15 du/ac) 7. Existing zoning district: _R-_3_/_B_O_AZ _____________________ _ 8. Existing land use(s): _v_a_c_an_tl_s_u_bd_i_vi_de_d __________________ _ 9. Proposed use of site (Project for which this form is filed): _P_ro_fe_s_s_io_na_l_C_a_re _______ _ Project Description 10. Site size: _2_6~,8_9_2_S_F _________________________ _ 11. Proposed Building square footage: _4_0_,o_o_o_s_F ________________ _ 12: Number of floors of construction: 1 Basement and 3 levels on top Total of 3 Floors 13. Amount of off-street parking provided: _3_0_P_a_rk_in_g_s_pa_c_e_s _____________ _ 14. Associated projects: _N_A ________________________ _ P-1(0) Page 2 of4 Revised 3/22 15. If residential, include the number of units and schedule of unit sizes: _________ _ The Project proposes 42 licensed beds in a 3 Level Building over a basement. The Memory care Unit is located at the ground level and proposes a total of 19 Beds. The upper levels propose a total of 23 Licensed Residential Professional Care Beds in 15 Units. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ NA 19: If the project involves a variance, conditional use or rezoning applications, state this and indicate P-1(0) clearly why the application is required: ____________________ _ ~rotessianal Care is alleo.ed by light in a41. 3 eor:te, BtJt a SUP needs te Be preeosseel for api,10.6:f..:- ~~~l()~~ ~ t7 CA \} l'A)~ TT\O~ ~t'1 -Z..OtJ~ ~i~ 1U ~ ">J\)\Vb i-27 M-r~Jk\ ~ U1'f , c, f ~ >J \N 6 UJNJ,./\A.c, tdJ.J Page 3 of4 Revised 3/22 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No □ IBJ □ ~ □ Iii □ Iii □ 0 □ 0 □ IBJ □ 0 □ ~ □ ~ □ Iii □ ~ 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. Des.cribe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. Refer to Exhibits A, B and C following this page. An environmental Site assessment study has been submitted with this application 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. Refer to Exhibit A on the next page. Certification I hereby certify that the statements furnished above and in the attached exhibits present the dqta and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: 07.28.2022 :signature:. ~g: s~ For: Front Porch P-1(D) Page 4 of 4 Revised 3/22 Exhibit A Vacant Land in Carlsbad Village Site: The project site is located in Carlsbad Village in the vicinity of the Front Porch Carlsbad by the Sea retirement Community, a coastal residential neighborhood. The parcel is Zoned for multiple -family residential , the proposed "Professional Care" Use will be an extension of the adjacent 0 retirement community where 42 resident beds are being proposed . The site is a vacant land with a slight slope. Currently no large trees or large animals live in the property.There are a few historic buildings in the vicin ity ,but no structures in the subject parcel. Refer to Exhibit B for a Topographic survey of the lot. Refer to Exhibit C for the table of contents of the Environmental site Assesment submitted as part of th is application "'° " ' ot, ~ 1 . u o G ' \ U l llU L UIO - ,_ , P'II I Q t - IIO C J I I T C,U , C MO lfl O O ' O C l l l , ~ ~ OO l i O l . t n a \ T 0 \ , 1 : 0 2 1 - - 4 < - l l - DC I J l M ClO H C l f f l O I A , o c m M c:0 I Q T l O l < S - ""° ° 0 :\ . 0 ,. -•-.: . • ~ 'I rn J I )> 1 :! ! 2 I I /: CJ ) I :t i \i rn < m / LO T 3 J. -I ~ SH C I T mu : ,tt O J c C T '" ' "''" " ' "" "" ' " " " ' " EX I S T I N G CO N D I T I O N S FR O N T PO R C H - ME M ORY ~ .. . ,. , . C'J! / 0 . / ' 1 0 1 2 PR O G R E S S SE T CA R E AN D IN D E P E N D E N T OIA A W N I T : LC C A L DE S C " lPT I O N LM N G "" " " " ' , .. SP . 1 0 1 1 1 \ 1 1 1 0 : llt l l U S .1,QO QJ O O .o l MM l ( A : ~ I' } ·- ... . . , ; l /! ' '\ C) )> :a "T l rn r 0 CJ ) :t i m rn -I ' . "- t I I I " l' I I I I I J I I I I ,,. L I t \ ' B\V E CIV I . • ST R I J C l l l W . •S U R V E Y · PI. M N I N G 9,U 9 BA L B O A AV E , ST E 27 0 SA N DIE G O , CA 92 1 2 3 61 9 . 2 9 9 .55 5 0 EX h •1 b •1 t C p 1 ;2 :>g 1 /2 Site Assessment Report made of this Application. 9 · -• below is the table of contents tor reierence • San Diego County APNS 203-144-04-00 through 203-144-08-00 February 23, 2022 Carlsbad, California Project Number 46-001-22 TABLE OF CONTENTS PAGE 1. EXECUTIVE SUMMARY ........................................................................................ : ............. 1 2. INTRODUCTION ........................................................... : ................................................... ~ .... 2 2.1. Purpose and Background .............................................................................................. 2 2.2. Scope of Services ......................................................................................................... 3 2.3. Significant Assumptions .............................................................................................. 3 2.4. Limitations and Exceptions .......................................................................................... 4 2.5. Special Terms and Conditions ...................................................................................... 5 2.6. User Reliance ............................................................................................................... 5 3. SUBJECT PROPERTY AND AREA DESCRIPTION ........................................................... 6 3 .1. Subject Property Description ........................................................................................ 6 3.2. Subject Property Vicinity General Characteristics ....................................................... 6 3.3. Current Subject Property Conditions ..................................................................... : ..... 6 3.4. Current Uses of Adjoining Properties .......................................................................... 7 4. PROVIDED INFORMATION ................................................................................................. 8 4.1. Environmental Liens or Activity and Use Limitations (AULs) ................................... 8 4.2. Title Records and Other Property Documents ............................................................. 8 4.3. Specialized, Commonly Known, or Reasonably Ascertainable Information ............... 8 4 .4. Owner and Occupant Information ................................................................................ 8 4.5. Reason for Performing Phase I Environmental Site Assessment.. ............................... 9 5. RECORDS REVIEW ................................................. ; ............................................................. 9 5.1. Physical Setting ............ '._ ............................................................................................... 9 5.2. Historical Use Information ......................................................................... : ............... 10 5.3. Standard Environmental Record Source -Environmental Database Search .............. 12 6. INTERVIEWS AND ADDITIONAL RESEARCH .............................................................. 14 6.1. Interviews ................................................................................................................... 14 6.2. Local Government Officials ....................................................................................... 14 7. EVALUATION ...................................................................................................................... 15 7 .1. Findings ...................................................................................................................... 15 7 .2. Data Gaps and Deviations .......................................................................................... 15 7 .3. Additional Services .................................................................................................... 15 8. CONCLUSIONS AND RECOMMENDATIONS ................................................................. 15 8.1. Conclusions ................................................................................................................ 15 8.2. Recommendations ...................................................................................................... 16 9. ENVIRONMENTAL PROFESSIONAL STATEMENT ...................................................... 16 10. QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONAL ...................................... 16 11. REFERENCES ....................................................................................................................... 17 Rpt_Phase I ESA, APNs 203-144-04-00 to -08, Carlsbad.docx Exhibit C Pg. 212 San Diego County APNS 203-144-04-00 through 203-144-08-00 Carlsbad, California Tables February 23, 2022 Project Number 46-001-22 Table 1 -On-Site Observations ....................................................................................................... 6 Table 2 -Adjoining Property Observations .................................................................................... 8 Table 3 -Historical Uses of Subject Property and Immediate Vicinity ........................................ 11 Table 4 -Standard Environmental Databases* ............................................................................. 13 Table 5 -Online Regulatory Databases ........................................................................................ 14 Figures Fig!Jre 1 -Site Index Figure 2 -Site Area Appendices Appendix A -Photographic Documentation Appendix B -Obtained Documentation Appendix C -ERIS Documents Appendix D -Qualifications of Environmental Professional The complete Site Assesment Report has been made part of this Application, ii Rpt_Phase I ESA, APNs 203-144-04-00 to -08, Carlsbad do« (cityor Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P~1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please c;all (442) 339-2610. V:~ppli~an~ ~ig~aj~r~: : --~~· • .... ~,<-il<-i·f----'S::;.._~__,;;__ ___________ _ Staff Signature: Jeff Sianko Date: 7/28/2022 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 3/22 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (_ City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG} reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 3/22 City of Carlsbad Climate Action Plan Cons istency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency wit h the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency w ith 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 w ill be subject to a project-specific analysis of GHG emissions' impact on t he environment in accordance with the requirements of the California Environmental Quality Act (CEOA). Th is 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 t his checklist. Checklist Item (Check the appropriate box and provide an explanation and 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? Yes No 1K] □ 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 Oimate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/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. Will 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 MTC02e/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 Oimate 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-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 07/21 City of Carlsbad Climate Action 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 w ith 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. r . . . , '" ·'• • 1 ., ,, . Project No./Name: Front Porch -CBTS Summerhouse Front Porch Communities and Services Property Address/APN: 2710; 2720; 2730 AND 2740 Ocean Street, Carlsbad CA 92008 Applicant Name/Co.: Paula Digerness Applicant Address: 2855 Carlsbad Blvd, Carlsbad, CA 92008 Contact Phone: (760) 435-2321 Contact Emai l: Pdigerness@frontporch.net Contact information of person completing this checklist (if different than above): Name: Company name/address: Diego Lastres Cuningham Contact Phone: 760.701 .2570 Contact Email: Dlastres@cuningham.com 1030 G Street, San Diego, California 92101 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 building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ _ 15, 000, 000. 00 $ . .. . \ .... ~ ' . ~ }_:_. ,, • , <' • • ,,. •\ , ( -, ~-. • .. : ~z •~ • • .,., < • J •I ~ D Alterations: 0 BPV < $60,000 0 BPV ~ $60,000 D Electrical service panel upgrade 0 BPV ~ $200,000 Ii(! New construction D Alterations: P-30 N/A lA and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural an d mechanical, electrical, and/or plumbing systems are proposed Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checkl ist □ BPV <! $200,000 or additions<! 18, 5 1,000 square feet ral BPV <! $1,000,000 18, 28 and 5 Building alterations of<! 75% existing gross floor area □ <! 2,000 sq. ft. new roof addition 28 and 5 1B also applies if BPV <! $200,000 Please refer to cansbad Ordinance No. CS-347 and the california Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration ~ $60,000 building permit valuation. See Ord. CS-347, Section 8. YeatBuilt Singl&-fatnily Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 D 1991 and later 8. [Kl Nonresidential• new construction or alterations~ $200,000 building permit valuation, or additions ~ 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS. 203.1.1.1 Kl Outdoor lighting: . 90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with california Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: D .95 Energy budget ~ -90 Energy budget AS.211.1.** IX On-site renewable energy AS.211.3** Iii! Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 @ Elevators and escalators AS.213.1 D Steel framin P-30 Page 4 of 7 0 N/A _________ _ D Exception: Home energy score ~ 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing D Cool roof Select one: D Lighting package D Water heating package 0 N/A ________ _ 0 N/A Iii! N/A 0 N/A 0 N/A 0 N/A ~ N/A Revised 07/21 Cit y of Ca rl sbad Climate Action Plan Consistency Checkli st 0 N/A * 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. A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 califomia Energy C.Ode section 150. l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to carlsbad ordinance CS-348, increase system size by .3kWdc if Pt/ offset option is selected. Floor Plan ID ( use additional CFA #d.u. calculated kWdc* 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 D D D D kWdc 8. [R] Nonresidential new construction or alterations ~$1,000,000 BPtJ 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 coo,pleting this section. Choose one of the following methods: ~ Gross Floor Area (GFA) Method GFA: 49 573 GSF Min. System Size: _7_5 __ kWdc 0 If< 10,000s.f. Enter: 5 kWdc Ix) If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc *** Attach calculation documentation using modeling software approved by the california Energy Commission. P-30 Page 5 of 7 Revised 07/21 City of Ca rlsbad Cli mate Action Plan Consistency Checklist ,-•• " " ' • • ~ ... ' • ' ' ' < ' • ,._. r • A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery D Exception : B. IB] Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): fi() Solar-thermal 00 Photovoltaics D Recovered energy D Water heating system is (choose one): Q!I Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: A. D Residential New construction and major alterations* Please refer to carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential· D Exception • Total Parking Spaces EVSE Spaces Proposed Capable I Ready I 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.") I I Installed I I Total P-30 Page 6 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B [RI Nonresidential new construction (includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed capable Ready Installed Total 30 17 11 2 30 Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 ~ 26-50 (4) Q) □ 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 . ' -, ~·· . . ' _-. ~ -; ' . , ,., ' . . . . . ,,_ ' . A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT /1,000 square feet is selected from the City of carlsbad Employee ADTTable. Use GFA Employee ADT /1,000 SJ. Total Employee A0T PROFESSIONAL CARE 38,000 Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with Qty of Carlsbad Land Development Engineering {LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No D LDE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 EmQAOT,., EmpAOr uu rn,,oa.,r ,ooo,r, Offlot(•b I 20 " ·-" " ...... I .. ,-.. 1==--l I Unieu OftMWIM l"IOMld, r/ilMll •stlMaled lrom ITE Tr¥> C.n«at/Ol'I M#MJal t'1"Edilion ,Fualoffl01u1et.UMSN«>AG1111er:J20AOT11.oooc1o CIIIWla .. employH ADT ,Relal IMII lfdJde shopp,ng c«Mf . .....,_, IIDre ~- gyn,t l)hafmacy.lllC ....., atotWkm 0flic» 20450tf 1 20450tl/1000120•40IIE"'Pfo7NADT Retail ll.334tl 1 Fn11,000sf•IADT 2 9.334 st. 1.000 If• 8.lJ.t 9' l 8.33-4 tll 1.000x◄ 5) •I•._ ADT Revised 07/21 6. Section 18.30.130 is added to read as follows: 18.30.130 California Energy Code Subchapter 3 amended -Nonresidential photovoltaic system required. Section 120.10 is added to the California Energy Code as follows: SECTION 120.10 NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED All new nonresidential, high-rise residential, and hotel/motel buildings shall comply with the requirements of Section 120.lO(a) or 120.l0(b). Additions to existing nonresidential, high-rise residential, and hotel/motel buildings where the total roof area is increased by at least 2,000 square feet, and alterations to existing nonresidential, high-rise residential, and h_otel/motel buildings with a permit valuation of at least $1,000,000 that affect at least 75 percent of the gross floor area shall also comply with the requirements of Section 120.lO(a) or (b). The required installation of a photovoltaic (PV) system shall be sized according to one of the following methods: (a) Based on gross floor area. 1. Buildings with greater than or equal to 10,000 square feet of gross floor area shall install a minimum PV system sized at 15 kilowatts direct current (kWdc) per 10,000 square feet of gross floor area. Note to Section 120.10(a)1: PV system size= 15 kWdc X (Gross Floor Area/ 10,000 sq. ft.), where the building size factor shall be rounded to the nearest tenth and the resulting product shall be rounded to the nearest whole number. For example, an applicant with a 126,800 squ_are foot building shall install a minimum 191 kilowatt (kWdc) PV system. 2. Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt (kWdc) PV system. Note to Section 120.10(a)2: Applicants are encouraged to right-size the PV system based on the building's electrical demand to improve the system's cost effectiveness. (b) Based on Time Dependent Valuation (TDV). Install a solar PV system that will offset 80 percent of the building's TDV energy on an annual basis. The system sizing requirement shall be based upon total building TDV energy use including both conditioned and unconditioned space and calculated using modeling software or other methods approved by the Building Official. I I I - Exception 1 to Section 120.10: The ~uilding Official may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Official determines there are sufficient practical challenges to make satisfaction of the requirements infeasible. Practical challenges may be a result of the building site location, limited rooftop availability, or shading from nearby structures, topography or vegetation. The applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. Exception 2 to Section 120.10: The Building Official may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Official • determines the building has satisfied the purpose a.nd intent of this provision through the use of alternate on-site renewable generation systems such as wind energy systems. 7. Section 18.30.150 is added to read as follows: 18.30.150 California Energy Code Subchap~ers 3 and 5 amended -Nonresidential water heating requirements. A. Section 120.11 is added to the California Energy Code as follows: SECTION 120.11 NONRESIDENTIAL MANDATORY REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS Any newly constructed nonresidential building shall derive its service water heating from a system that provides at least 40 percent of the energy needed. for service water heating from on-site solar energy or recovered energy. Solar energy includes solar photovoltaics and solar-water heating systems. Exception to Section 120.11: Buildings for which the Building Official has determined that service water heating from on-site solar energy or recovered energy is economically or physically infeasible.-Applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. B. Section 140.5 of_the California Energy Code is amended to read as follows: SECTION 140.S PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS (a) Nonresidential occupancies. A service water-heating system installed in a nonresidential building shall comply with the applicable requirements of Sections 110.1, 110.3, 120.3, and 120.11. In addition, a service water-heating system shall meet the requirements of 1, 2, or 3 below: 1. A heat pump water.heater. The storage tank shall be located in a conditioned space. _) L..~· • Order Number: NCS-1148312-SC Page Number: 1 First American Title Insurance Company National Commercial Services Rachel Vranich Front Porch Development 800 N Brand Blvd Glendale, CA 91203-1216 Phone: (818)254-4124 Customer Reference: Escrow Officer: Phone: Email: Title Officer: Phone: Email: Property: 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 Vacant Land, Carlsbad, CA Joanne Bedford ( 408)487-5026 JoanneBedford@firstam.com John Whisman ( 408)451-7834 JWhisman@firstam.com Vacant Land, Carlsbad, CA PRELIMINARY REPORT NOV O .1 2022 cr1·v Of CARLSBAD PLP.i\1NING OIVISIO>l In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, 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 encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set 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 forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. 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 also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions 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. First American Title Insurance Company Order Number: NCS-1148312-SC Page Number: 2 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 title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Rrst American Tttle Insurance Company Dated as ofSeptemb·er 14, 2022 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Prelim )rder Numb~r: NCS-1148312-SC Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Front Porch Communities and Services, a California nonprofit public benefit corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2022-2023, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapt~r 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded October 30, 2007 as Instrument No. 2007- 0693475 of Official Records. (Affects All Lots) 4. An easement shown or dedicated on the map filed or recorded November 07, 2007 as Carlsbad Tract No. 04-22, Map No. 15639 of Maps For: public utility and incidental purposes. (Affects Lots 1 through 4) 5. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded November 09, 2007 as Instrument No. 2007-0712719 of Official Records. (Affects All Lots) First American Title Insurance Company Order Number: NCS-1148312-SC Page Number: 4 6. The terms and provisions contained in the document entitled "City of carlsbad, Local Improvement District Agreement" recorded September 11, 2008 as INSTRUMENT NO. 2008-0484545 of Official Records. (Affects All Lots) 7. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. (Affects All Lots) 8. Water rights, claims or title to water, whether or not shown by the Public Records. 9. Additional matters, if any, following review by the Company's Waterways and Boundaries Underwriters. 10. An ALTA/NSPS survey of recent date which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys. 11. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 12. Rights of parties in possession. First American Title Insurance Company INFORMATIONAL NOTES Order Number: NCS-1148312-SC Page Number: 5 ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None 1. Taxes for proration purposes only for the fiscal year 2021-2022. First Installment: Second Installment: Tax Rate Area: APN: (Affects Lot 1) $5,676.35, PAID $5,676.35, PAID 09000 203-144-04-00 2. Taxes for proration purposes only for the fiscal year 2021-2022. First Installment: Second Installment: Tax Rate Area: APN: (Affects Lot 2) $4,267.98, PAID $4,267.98, PAID 09000 203-144-05-00 3. Taxes for proration purposes only for the fiscal year 2021-2022. First Installment: Second Installment: Tax Rate Area: APN: (Affects Lot 3) $4,267.98, PAID $4,267.98, PAID 09000 203-144-06-00 4. Taxes for proration purposes only for the fiscal year 2021-2022. First Installment: Second Installment: Tax Rate Area: APN: (Affects Lot 4) $4,267.98, PAID $4,267.98, PAID 09000 203-144-07-00 First American Title Insurance Company Order Number: NCS-1148312-SC Page Number: 6 5. Taxes for proration purposes only for the fiscal year 2021-2022. First Installment: $40.60, PAID $40.60, PAID 09000 203-144-08-00 Second Installment: Tax Rate Area: APN: (Affects Lot 5) 6. The property covered by this report is vacant land. 7. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded January 06, 2022 as Instrument No. 2022-0008922 of Official Records. From: Marina Goldstein, Trustee of the Goldstein Family Trust Dated August 20, 1998 To: The Sunshine Family Trust, dated January 4, 2022, Marina Goldstein, Trustee A document recorded March 09, 2022 as Instrument No. 2022-0107130 of Official Records. From: The Sunshine Family Trust, dated January 4, 2022, Marina Goldstein, Trustee To: Front Porch Communities and Services, a California nonprofit public benefit corporation 8. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 9. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; Rrst American Title Insurance Company Order Number: NCS-1148312-SC Page Number: 7 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 LIABILilY 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 te~ms 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 articles 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 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 Rrst American Title Insurance Company herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. Order Number: NCS-1148312-SC Page Number: 8 The 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. Rrst American Title Insurance Company LEGAL DESCRIPTION Order Number: NCS-1148312-SC Page Number: 9 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 1, 2, 3, 4 AND 5 OF CARLSBAD TRACT NO. 04-22, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15639, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 2007, AS MAY HAVE BEEN AMENDED BY THAT CERTIFICATE OF CORRECTION RECORDED ON OCTOBER 20, 2008 AS INSTRUMENT NO. 2008- 0545070 OF OFFICIAL RECORDS. APN: 203-144-04-00 (Affects Lot 1); 203-144-05-00 (Affects Lot 2); 203-144-06-00 (Affects Lot 3); 203-144-07-00 (Affects Lot 4); and 203-144-08-00 (Affects Lot 5) First American Title Insurance Company NOTICE Order Number: NCS-1148312-SC Page Number: 10 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for .more details. First American 77tle Insurance Company Privacy Policy We Are Committed to Safeguarding Customer Information Order Number: NCS-1148312-SC Page Number: 11 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, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. 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 include: • Information we receive from you on applications, forms 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 customer 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 Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Rrst American Title Insurance Company Order Number: NCS-1148312-SC Page Number: 12 CL TA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and ( c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; ( c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS • Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 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 of 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 includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters 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 Title 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 prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: Rrst American Title Insurance Company Order Number: NCS-1148312-SC (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records ( c) that result in no loss to you Page Number: 13 (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 ntle Risks 4. Failure to pa{value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also 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) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an First American Title Insurance Company accurate and complete land survey of the Land and not shown by the Public Records. Order Number: NCS-1148312-SC Page Number: 14 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is a. a fraudulent conveyance or fraudulent transfer; or b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE First American 77t/e Insurance Company .•Order Number: NCS-1148312-SC Page Number: 15 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 Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the lltle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American Title Insurance Company