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Home My WebLink AboutCDP 04-16; LA SUVERA; Coastal Development Permit (CDP)... CITY OF CARLSBAD a LAND USE REVIEW APPLICATION ., 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLy) USE ONLy) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination ~ Coastal Development Permit WPOLl-lb D Precise Development Plan Extension D Conditional Use Permit D Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D +eAtati,.te Pamel Map Obtain from Engineering Department 0 Local Coastal Plan Amendment 0 Tentative Tract Map D MasterPlan 0 Variance 0 Non-Residential Planned Development 0 Zone Change D Planned Development Permit D List other applications not s~cified ASSESSOR PARCEL NO(S).: 215-080-22-00 2) 3) 4) PROJECT NAME: La Suvera -=~~~~------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Development of 12 residential lots on property generally located east of Black Rail Road and south of Poinsettia Lane. 5) OWNER NAME (Print or Type) Gregory Shull, Craftsman Development Company MAILING ADDRESS 1195 Linda Vista Road, Suite G CITY AND STATE San Marcos, CA ZIP 92069 TELEPHONE (760) 510-6419 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMAJI N IS TRUE AND CORR~CT TO THE BEST OF MY KNOW E. I //' ,~~-".---::~,....::-::-:£.r_' d-2"2 -tJ4 DATE 6) APPLICANT NAME (Print or Type) Gregory Shull, Craftsman Development Company MAILING ADDRESS 1195 Linda Vista Road, Suite G CITY AND STATE San Marcos, CA ZIP TELEPHONE 92069 (760) 510-6419 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION The north half of the southwest quarter of the southeast quarter of section 22, township 12 south, range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to official plat thereof. NOTE: A PROPOSED PROJECT REQUIRING MUL nPlE APPUCA110NS BE ALED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. Form 16 PAGE 1 OF2 '-• A PROPOSED PROJECT REQUIRING eV ONE APPUCATION BE FILED, .. UST BE~D PRIOR TO 4:00 P .... 8) LOCATION OF PROJECT: East of Black Rail Road and south of Poinsettia lane. ON THE STREET ADDRESS ..... 1 S_O=ut=h=-=--==-=-:-:=-:-==-,1 CORNER OF (NORTH. SOUTH, EAST, WESn Poinsettia lane (NAME OF STREen BETWEEN Black Rail Road AND Ambrosia lane (NAME OF STREen (NAME OF STREen 9) LOCAL FACILITIES MANAGEMENT ZONE 20 10) PROPOSED NUMBER OF LOTS G 11) NUMBER OF EXISTING ~ 12) PROPOSED NUMBER 12 RESIDENTIAL UNITS 0 OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 8 14) PROPOSED IND Major OFFICE! SQUARE FOOTAGE ~17} PROPOSED INCREASE IN ADT \10.26\20) EXISTING GENERAL PLAN R-1 \23) PROPOSED ZONING inl15) PROPOSED COMM ~ SQUARE FOOTAGE ~18) ~21) R-1 PROPOSED SEWER USAGE INEDU PROPOSED GENERAL I RlM I PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I!WE CONSENT ~U FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED DATE FEE PAID Form 16 FEE REQUIRED RECEIVED APR 232004 ~ITY OF CARLSBAD DATESi, R I~EIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF2 • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checklist for Non-Single Family ReguJarCoastaI Development Permfrs co'.tered undersepara:e handout) This supplemental application IS to be filed for any development requiring a Coastal Development Permit Issued by the City of Carls!Jad, I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costmg $60,000 or more does not qualify as a M:r,or Coastal Development Permit. The Planning Director shall make the final determlr.at:on regarding a project's cost of development. Trle pnmer; baSIS for determtning cost of development \',;il! be the application of dollar costs per square foot for different types of reSidential construCTion. These costs are set by the International Conference of Building Officials {ICBO) snd are applied throughout San Diego County, Please complete the follO'.'.'ing information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). :=;:. New Residential Square Footage: ______ square feet x S78.00/sq. ft. = $, _______ _ ::::!> ReSidential Addition Square Footage: ______ square feet x $94.00/sq. ft. = $ _______ _ =:;-Any Garage Square Footage: ______ square feet x S22.00/sq. ft. = S _______ _ =:-Residential Conversion Square Footage: ______ square feet x $26.00/sq. ft. = $, _______ _ :=;:. For Non-Residential Uses, use the following figures for calculations; Retail/Store @ S38.00/sq. f1.; Restaurant @ S69.001 sq. ft.: Office @ $55.001 sq. ft.: Manufacturing/Warehouse @ S24.00/sq. ft.: ______ square feet x $ Isq. ft. = $, _______ _ COST OF DEVELOPMENT ESTIMATE: S __________ _ B. Do you wish to apply for: i. A r\1mor Coastal De','elopment Permit (Under $60000) __ _ 2. A Regular Coastal Development PermIt (S60,000 or more) _x __ _ Form 15 10103 Page 1 of 8 C. Street ejdress of proposed deve!opment South-East corner of Black Rail Road and Poinsettia Lane D. Assessors Parcel NL.<mber of proposed development 215-080-22-00 E. Development Description: Briefly describe project: The development of 12 single family residential units. F. Describe the present land uses (I.e. Vaca,;t land. smgte f2:.mily hO:-rIE.S, apartments, offices, etc.) that surround the proposed deveiopme:nt to the: G. North: Agriculture South: Residential East: Agriculture West: Residential Is project located v:ithin a 1 CO-year flood plam? UYes o No II. PRESENT USE OF PROPERTY A. B. Are there eXisting structures on the property? DYes ~ No If yes, please describe. Will any existing structure be removed/demolished? 0 Yes [i] No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also sho'.'.' on plans). III. LOT COVERAGE A. Existing and Proposed Existing New ProDosed Total Building Coverage NA sq. ft. 60% sq. ft. 60% sq. ft. Landscaped Area NA Sq. f1. 20% sq. ft. 20% sq. ft. Hardscape Area NA sq. ft. NA sq. ft. NA sq. ft. Unimproved Area (Left Natural) NA sq. ft. 20% sq. ft. 20% sq. ft. Form 15 10/03 Page 2 of 8 Form 15 B. Parking: Number of existing spaces Number of n€;w spaces proposed Existlng;Proposec TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces N umber of standard spaces Number of compact spaces Is tandem parking eXisting? Is tandem parkmg proposed? 0 24 24 24 24 0 24 0 DYes# __ DYes# __ C. Grade Alteration: Is any grading proposed? [JYes If yes, please complete the follo'/Iing: 1. 2. 3. 4. 5. Amountofcut ______________________________ __ Amount of fill _________________________ _ Maximum height of fill slope ______________ _ Maximum height of cut slope _________ _ Amount of Import or export ________________ _ ~No ~No [KINo cu. yds. cu. yds. feet feet cu. yds. 6. Location of borrow or disposal site ______________________ _ 10/03 Page 3 of 8 POOR QUALITY ORIGINAL (5) City of Carlsbad 14FI.j .••. '.I.lg·E'a,;·k¥J.i. DISCLOSURE STATEJ\-IENT Applicant's statement or disclosure of certain o\\'Uership interests on all applications which will require discretionary action on the pan of the City Council or any appointed Board, Commission or Committee. The following information l\mST 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 ·'An.y individual. fum. co-partnership, joint venture, assocm:o.on, social club, fraternal organization. corporanon. estate. tru:.""t, receiver, syndicate. in this and any other county, city and-coUllty, city municipality. district or other poliricalsubdivision or any other group or combination acting as a unit." .~ents may sign this document; however, the legal name and entity of-the applicant and. property o"\;\;n.er must be provided below. 1. . .u>PLICA1~1 (Not the applicant's agent) .., . Provlde the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the applicanon. If the applicant includes a corporation or 'Oartnership. include the- names. title, addresses of all individuals O\~"Iling more than 10% of the shares. -IF· NO' INDIVIDUALS OWN MO'RE TILW 10% O'F THE SHARES, PLE.A.sE INDICATE NO'N- .. -\PPUC.AJ3LE tN/A) IN THE SPACE BELO'W If a nubliclv-owned cornoration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Gregory Shull CorplPanCraftsman Develop;tlQtlt C~y Title President Title ______________ _ Address, ___________ _ O\VNER (Not the owner's agent) Address 1195 Linda Vista Road, Suite G San Marcos, CA 92069 Provi.de the COl'VfPLETE. 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 corooration or nannershin, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE 'THAl'I 10% O'F THE SHARES, PLEASE INDICATE NON-APPLICABLE (}::oJ/A) IN DIE SPACE BELOW. If a 'Oubliclv- o\vned corooration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached ifnecessary.) Person Gregory Shull Title President Address ___________ _ COrpl Part Craftsman Deyelm;rnent Corrq;rmy Titie ________________ ___ Address 11 95 T,j nda Vj sta Road, Suj te G San Marcos, CA 92069 1635 Faraday Avenue • Carlsbad, CA 92008-7314· (760) 602-4600 • FAX (760) 602-8559 @ PROJECT DESCRIPTION PROJECT NM1E: La Suvera APPLICANT NAME: Craftsman Development Company Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope andlor 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. Descriptionf£xplanation: The La Suvera project will consist of 12 single family detached residential homes. The project site is generally located at the southeast comer of Black Rail Road and the future extension of Poinsettia Lane. The street accessing all homes is Fisherman DriYe. assessor parcel number:! 15- 080-:!2-00. The project is located in the Zone 20 Specific Plan and Local Facilities Management Zone 20. The zonin£! for the site is R-1 (One Family Residential) and the General Plan ~ . designation is RL~l (Residential Low i\ledium). There are twelye (12) floor plans: tAR, IB, lCR, 2A, 3A, 3B, 3CR, 3D, 4A, 4BR, 4C and 4DR. The lots are between 7,900 and 20,000 square feet in size. The affordable housing requirement \\raS met previously \'dth the purchase of inclusionary housing credits at the Villa Lorna apartment complex per the Zone 20 Specific Plan. Discretionary pemlits ZC 00-101LCPA OOl3/CT 00-22/CDP 00-64 and HDP 01-12 were previously approved for tlus site as part of the Redeemer By the Sea Church campus project on January 6. 2001. The discretionary permit being applied for is a Coastal Development Permit. A Negative Declaration \vas issued on December 19,2001. City of Carlsbad IQElaUn,i41 9Dji:j44"fl,il HAZARDOUS "'ASTE A_"'D SUBSTANCES STATE~IE~T Consultation Of Lis(s ofSnes Related To H3Zardous Wastes (C::nification of Compliance with Go\'emm':nt Code Secuon 059625! Pursuant to State of Cali fomi a Government Code Section 65962.5,1 have consulted the Ha.:::lrdCl:.Js Wastes and Substances Sites List compiled by the Cahfomia Environmental Protection .-\gl!'n~~· 3n':: hereby cenify that ccheck one): i8J The development project and any 8}lernatives proposed in this application at"e not contamed on Ih: lists. compiled purSuanT to Section 65962.5 of the State GO\-'~rnmcnt Code. D The developmmt project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5' of the State Govemment Code. APPLICANT ~ame, Gregory Shull Address: 1195 Linda Vista Road, Suite G San Marcos, CA 92069 Phon~ Number: (760) 438-1465 PROPERTY ovtNER Name; GreQorv Shull Address: 1195 Linda Vista Road, Suite G San Marcos, CA 92069 bOO N b (760) 510-6712 r ne urn ~:. ________________ ~ ________ _ South East comer of Black Rail Road and Poinsettia Lane Address of Site:_~_~ __________________ ~ __ ~ _____ ~ ____ _ L 1 A (C ' de) City of Carlsbad, San Diego County oca gene!, It)' an ounl)' :_~ _______________ ~~~~ __ ~ __ ~_ Assessor's book, page, and parcel number:--=2.:.l15~-O~8~0-~22=--~OO~ __ ~ _________ ~ ____ _ SpecIfy hst(s):..!.:N:!;..A:!..-___ ~ ____ ~~ _____________ ~~ _____ _ Regulatory IdentificatIon Number:_N_A __________ ~ __ ~~_~ __ ~ ____ _ Date OfList:_N_A _____________ ~ __ ~~_"_"'!"..,.._--------~---- ~~ '635 Faracay Avenl.Je • Carlsbac, CA 92008-7"314. (760) 602"'600 • FAX (7S0) 602.8559 * - ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: ______ _ DATE: _______ _ BACKGROUND 1. CASE NAME: -=L=a'--'S""""u"-'-v-=er=a'------------------------- 2. LEAD AGENCY NAME AND ADDRESS: Hofman Planning Associates 5900 Pasteur Court Suite 150 Carlsbad CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Mike Howes (760) 438-1465 4. PROJECT LOCATION: East of Black Rail Road and south of Poinsettia Lane 5. PROJECT SPONSOR"S NAME AND ADDRESS: Greg Shull. Craftsman Development Companv 1195 Linda Vista Road, Suite G San Marcos. CA 92069 6. GENERAL PLAN DESIGNATION: RLM Residential Low-Medium Density 7. ZONING: _R_-_1 ________________________ _ 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e .• permits, financing approval or participation agreements): =no=n=e'------------------- 9. PROJECT DESCRIPTION/ ENVIRONMENT AL SETTING AND SURROUNDING LAND USES: Coastal Development Permit for the development 12 single family homes on 12 residential lots. 2 Rev. 07/26,02 • ENVIRONMENT AL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or '"Potentially Significant Impact Unless Mitigation Incorporated'' as indicated by the checklist on the following pages. D Aesthetics D Agricultural Resources lZJ Air Quality D Biological Resources D Cultural Resources D Geology/Soils 0Noise D Hazards/Hazardous Materials D Population and Housing D Hydrology/Water Quality D Land Use and Planning D Mineral Resources D Mandatory Findings of Significance 3 D Public Services D Recreation 12:sJ Transportation/Circulation D Utilities & Service Systems Rev. 07/26102 -- ENVIRONMENT AL IMPACTS STA TE CEQA GUIDELINES. Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact"' answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • ··Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly ad,erse, and the impact does not exceed adopted general standards and policies. • ··Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a --Less Than Significant Impact." The developer must agree to the mitigation. and the City must describe the mitigation measures, and briefl) explain how the) reduce the effect to a less than significant level. • --Potentially Significant Impact" is appropriate ifthere is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "'Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 4 • An EIR must be prepared if "Potentially Significant Impact" is checke~ and including but not limited to the following circumstances: (I) the potentially significant adwrse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF E1\T\71RON~1ENT AL EV ALDA TION. Particular attention should be giwn to discussing mitigation for impacts. which would otherwise be determined significant. 5 Rev. 07/03:02 -Issues {and Supporting Information Sources). (Supplemental documents may be referred to and attached.) I. AESTHETICS-Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime \'iews in the area? II. AGRICULTRAL RESOURCES -(In determining \\ hether impacts to agricultural resources are significant environmental effects. lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Consenation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which. due to their location or nature, could result in conversion of Farmland to non-agricultural use? Ill. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 6 Potentially Significant Impact D D D D D D D D D -Potentiall) Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D No Impact D D Rev. 07/03:'02 -Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) E:-..l}ose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES -Would the project: a) Ha\'e a substantial adverse effect, either directly or through habitat modifications. on an) species identified as a candidate, sensitive. or special status species in local or regional plans, policies. or regulations. or by California Department of Fish and Game or U.S. fish and Wildlife Service? b) Have a substantial ad\ erse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal. etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors. or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan. or other approved local, regional. or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? 7 Potentially Significant Impact D D D D D D D D D D -Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D D No Impact D Rev. 07 103/02 - Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains. including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -\Vould the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault. as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure. including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 8 Potentially Significant Impact D D D D D D D D D D D -Potentiall) Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D D No Impact Rev. 07,103/02 -Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of ,vastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or em·ironment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances. or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan. or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss. injury or death involving wildland fires. including where ,, ildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -Would the project: a) Violate an) water quality standards or waste discharge requirements? 9 Potentially Significant Impact D D D D D D D D D D -Potentially Significant Unless t\titigation Incorporated D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D Rev. 07103'02 -Issues (and Supporting 1nformation Sources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for \Vhich permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river. in a manner. \\ hich \\ ould result in substantial erosion or siltation on-or off- site? e) Substantially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river. or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Othenvise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within I 00-year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding. including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens. petroleum derhatives. S)nthetic organics, nutrients. oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g .. temperature, dissolved oxygen or turbidity)? 10 Potentially Significant Impact D D D D D D D D D D D D -Potential!:, Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact D D D D D D D No Impact D D D Rev. 07/03 102 -Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) n) Changes to receiving water quality (marine, fresh or wetland ,vaters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING-Would the project: a) Physically di, ide an established community? b) Conflict ,, ith any applicable land use plan. policy. or regulation of an agency with jurisdiction over the project (including but not limited to the general plan. specific plan, local coastal program. or zoning ordinance) adopted for the purpose of a, oiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan. or other land use plan? XI. NOISE -Would the project result in: a} fa .. -posure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) fa.-posure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise le, els in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 11 Potentially Significant Impact D D D D D D D D D D D D -Potentiall) Significant Unless t\1itigation Incorporated D D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D D D Rev. 07,.03102 .. -Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport. would the project expose people residing or working in the project area to excessive noise levels? t) For a project ,, ithin the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING -Would the project: a) Induce substantial gro\\th in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction ofreplacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction ofreplacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? \') Other public facilities? XIV. RECREATION a) Would the project neighborhood and recreational facilities deterioration of the accelerated? increase the use of existing regional parks or other such that substantial ph) sic al facility would occur or be 12 Potentially Significant Impact D D D D D D D D D D D -Potentiall) Significant Unless l\titigation Incorporated D D D D D D D D D D D Less Than Significant Impact D D D D D No Impact D D D D D D Rev. 07.'03:02 -Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/IRAFFIC-Would the project: a) Cause an increase in traffic. which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed. either individually or cumulative!), a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns. including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g .• bus turn- outs. bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 13 Potentially Significant Impact D D D D D D D D D D D D -Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact D D D D D D D No Impact D D D D D Rev. 07'03102 -Issues (and Supporting Information Sources). {Supplemental documents may be referred to and attached.) e) Result in a determination by the wastewater treatment provider, ,vhich serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDA TORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community. reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited. but cumulatively considerable? (·'Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Potentially Significant Impact D D D D D D -Potent1all) Significant Unless Mitigation Incorporated D D D D D D Less Than Significant Impact D D D D D No Impact D Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state ,vhere they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07 '0310.::! --DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to IO microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and gro,,th assumptions that are incorporated into the air quality planning document. These grm\th assumptions are based on each city's and the County's general plan. lf a proposed project is consistent with its applicable General Plan. then the project presumably has been anticipated with the regional air quality planning process. Such consistency \\Ould ensure that the project would not have an adverse regional air quality impact. Section l 5125(8) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • ls a regional air quality plan being implemented in the project area? • ls the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent ,vith the grov,th assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with tra\el to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality \ iolation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of an)' criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 15 Re\'. 07103/02 --Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-0 l ). City of Carlsbad Planning Department. March 1994. 16 Rev. 07103/02 -LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGA TJON MONITORING PROGRAM (IF APPLICABLE) 17 Re\. 07:03/02 • EIAPARTI LASUVERA The project site is located on the east side of Black Rail Road. The project calls for the construction of 12 single-family homes. The purpose of this application is to request a Coastal Development Permit. I. AESTHETICS a) No Impact: The proposed project will not have a substantial adverse effect on a scenic vista because there is no scenic vista on the proposed project site. b) No Impact: The proposed project ,,ill not substantially damage scenic resources, including but not limited to. trees. rock outcroppings. and historic buildings within a State scenic highway since none of these occurs on the proposed project site. c) No Impact: The proposed project ,,ill not substantially degrade the exiting visual character or quality of the site and its surroundings. d) Less Than Significant Impact: The proposed project will create a new source of light. However, the project will not adversely affect day or nighttime views in the area. II. AGRICULTURAL RESOURCES a) No Impact: The proposed project will not convert Prime Farmland, Unique Farmland. or Farmland of Statewide Importance (Farmland), as sho\\n on the maps prepared pursuant to the Farmland :Mapping and :tvfonitoring Program of the California Resources Agency, to non- agricultural use since there is no Farmland on the site. b) No Impact: The proposed project does not fall within lands under Williamson Act contracts. c) No Impact: The proposed project will not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use since there is no Farmland on the site. III. AIR QUALITY a) No Impact: The project vvill not conflict with or obstruct implementation of the applicable air quality plan. 1 • - b) Less Than Significant Impact: In the long term. the proposed project will generate additional vehicular traffic. However the additional traffic generated is not a significant increase that would contribute substantially to the violation of an air quality standard. Therefore the impact is considered less then significant. c) Potentiall~1 Significant Impact: The proposed project will generate additional vehicular traffic that will result in impacts to air quality on a cumulative basis. However a variety of mitigation measures are currently being implemented statewide to reduce cumulative impacts. d) No Impact: Since there are no sensitive receptors in the vicinity~ the project ,,ill not expose sensith1e receptors to substantial pollutant concentrations. e) No Impact: The project "ill not create objectionable odors affecting a substantial number of people. IV. BIOLOGICAL RESOURCES a) No Impact: The project will not have a substantial adverse effect. either directly or through habitat modifications, on any species identified as a candidate, sensitive. or special status species in local or regional plans. policies, or regulations, or by California Department of Fish and Game or U.S. Fish and \Vildlife Service since none of these species occur ,vithin the proposed development area of the project site. b) No Impact: The project will not have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies. or regulations or by California Department of Fish and Game or U.S. Fish and \Vildlife Service since none of these natural communities occur within the development area of the project site. c) No Impact: Since the proposed project ,vill not alter any wetland area. the proposed project will not impact any federally protected wetlands as defined by Section 404 of the Clean Water Act. d) No Impact: The project does not encroach into habitat corridors and will not impact the movement of native or migratory wildlife species. e) No Impact: Since the proposed project has been designed in accordance with all policies and ordinances. the proposed project does not conflict with any local policies or ordinances protecting biological resources. 2 .. .. -- f) No Impact: The proposed project will not conflict with the provisions of the adopted Habitat Conservation Plan or any other approved local, regional, or state habitat conservation plan. g) No Impact: The project will not impact tributary areas that are environmentally sensitive since there are no tributary areas on the proposed project site. V. CULTURAL RESOURCES a) No Impact: The project \\ill not cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5 since there are not historical resources on site. b) No Impact: The project \\ill not cause a substantial adverse change in the significance of an archeological resource as defmed in § 15064.5 since there are no known archeological resources on site c) No Impact: The project \\ill not directly or indirectly destroy a unique paleontological resource on site or unique geological feature. d) No Impact: The project will not disturb any human remains, including those interred outside of formal cemeteries since there are no known human remains on site. VI. GEOLOGY AND SOILS a.i.) No Impact: The proposed project will not expose people or structures to potential substantial adverse effects. including risk of loss, injury or death involving rapture of a known earthquake fault since the proposed project is not on a knO\vn earthquake fault. a.ii.) No Impact: The proposed project will not expose people or structures to potential substantial adverse effects, including risk of loss. injury or death involving strong seismic ground shaking. a.iii.) No Impact: The proposed project will not expose people or structures to potential substantial adverse effects, including risk of loss, injury or death involving seismic-related ground failure, including liquefaction. a.iv.) No Impact: The project \.Vill not expose people or structures to potential substantial adverse effects. including the risk of loss. injury or death involving landslides. b) No Impact: The proposed project will not result in the substantial soil erosion or loss of topsoil. 3 .. • c) No Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. d) No Impact: The project will not be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997) this not creating substantial risk to life or property. e) No Impact: The proposed project does not propose septic tanks and "ill use the City's wastewater conveyance and treatment facilities. Therefore there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS a) No Impact: The project does not propose to routinely transport, use or dispose of hazardous materials. Therefore no significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials will occur. b) No Impact: Since the project does not propose the handling of hazardous materials, there is no known risk of accidental release of hazardous materials into the environment. c) No Impact: The proposed project is not located within a¼ mile of a school and will not involve the emission or handling of hazardous materials, substances, or waste. Therefore, there \\'ill be no impacts involving the emission or handling of hazardous materials close to a school. d) No Impact: This site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e) No Impact: The proposed project is not within an airport land use plan thus the project ·will not result in a safety hazard for people residing or working in the project area. f) No Impact: The proposed project is not within the vicinity of a private airstrip and thus ¥.ill not result in a safety hazard for people residing or working in the project area. g) No Impact: The project site v.ill not create interference with an emergency response plan or emergency evacuation plan. 4 .. -- h) No Impact: The proposed project is located in an already urbanized area and therefore there is no significant risk to people or structures with wildland fires, ·wildlands adjacent to urbanized areas, or where residences are intermixed with wildlands. VIII. HYDROLOGY AND WATER QUALITY a) No Impact: The proposed project has been designed to incorporate NPDES requirements and will not violate any water quality standards or waste discharge requirements. b) No Impact: The project does not propose to extract ground water. therefore the proposed project will not create impacts involving the depletion of groundwater supplies or substantially interfere with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level. c) No Impact: By implementing the NPDES requirements and Best Management Practices. the proposed project will not impact groundwater quality. d) No Impact: The proposed project will not substantially alter the existing drainage pattern of the site or area and does not propose the alteration of a course of a stream or river. e) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project v.rill introduce impervious surfaces on an area that is currently vacant. However, compliance with storm water retention requirements will ensure that the off-site tlO\\' does not increase beyond the current level. f) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces on an area that is currently vacant. However, compliance with on-site storm water retention requirements, the SWPPP and NPDES requirements will ensure that the off-site flow does not increase the contribution to runoff ,vater which ,vould exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. g) No Impact: The proposed project has been designed to incorporate NPDES requirements and ,,ill not impact or otherwise substantially degrade ,vater quality. 5 .. • -- h) No Impact: This project does not place housing within a I 00-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. i) No Impact: This project does not place structures \vithin I 00-year flood hazard area that would impede or redirect flood flows. j) No Impact: Since the project is not located dov.nstream from a dam or levee, the proposed project will not expose people or structures to significant water related hazards such as flooding. k) No Impact: This site is not located in an area with a known history of seiche. tsunami. or mudflow. 1) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project v.ill introduce impervious surfaces on an area that is currently vacant. Hmvever. compliance with on-site storm water retention requirements will ensure that there will be no increased erosion causing sediment to flow into receiving waters. m) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However, compliance with on-site storm \Vater retention requirements. the SWPPP and NPDES requirements will ensure that the off-site flow does not increase pollutant discharge. n) Less Than Significant Impact: Standard control measures shall be implemented during and after the construction to ensure that any changes to receiving water are at a less than significant level. o) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However, compliance with on-site storm water retention requirements, the SWPPP and NPDES requirements will ensure that the off-site flow does not increase pollutant discharge. p) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However. compliance with on-site storm water retention requirements. the SWPPP and NPDES requirements will ensure that the off-site flmv does not exceed surf ace or ground water quality objectives. 6 .. .. -- IX. LAND USE AND PLANNING a) No Impact: Since the proposed project is expanding on vacant property and is in conformance with zoning requirements, the proposed project will not disrupt the physical arrangement of an established community. b) No Impact: The proposed project does not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. c) No Impact: The development area of the proposed project does not propose the elimination of habitat nor does the project encroach into any Habitat Management Plan preservation area. X. MINERAL RESOURCES: a) No Impact: Since there are no kno\\n mineral resources on the site. the project ,,ill not result in the loss of availability of a kno,,n mineral resource that would be of future value to the region and the residents of the State. b) No Impact: Since there are no known mineral resources on the site the project will not result in the loss of availability of a locally important mineral resource recovery site delineated on any land use plan. XI. NOISE: a) No Impact: Since the proposed project will not generate excessive noise, the proposed project \Vill not expose people to noise levels in excess of standards established by the local general plan ordinance or other applicable standards from other agencies. b) Less Than Significant Impact: The proposed project \\ill include the use of heavy equipment during construction. However, the heavy equipment use will be temporary and does not involve exposure of persons to or generation of excessive groundbourne vibration or noise levels. c) Less Than Significant Impact: The proposed project will increase the permanent ambient roadway noise levels as a result of the additional traffic generated. However, the ambient noise level increase is not significant when considering the anticipated traffic level increase generated by future development. d) No Impact: It is anticipated that the proposed project will include a slight periodic increase in traffic noise levels. However, the noise level increase 7 ... ' .. - is not significant when considering the anticipated traffic level increase generated by future development. e) No Impact: Since the proposed project is not located within an airport land use plan. the persons visiting and working at the site \\rill not be exposed to excessive noise levels. f) No Impact: The proposed project is not within the vicinity of a private airstrip. XII. POPULATION AND HOUSING a) No Impact: Since the proposed project is in conformance ,\ith the General Plan and does not require the extension of major public facilities. the proposed project ,,ill not induce substantial gro'\\1h in the area either directly or indirectly. b) No Impact: The proposed project will not displace existing housing because there is no existing housing on the proposed site. c) No Impact: The proposed project will not displace people because there is no existing housing on site. XIII. PUBLIC SERVICES a.i) Less Than Significant Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving fire protection will not be greater then those already anticipated by the land use designation. a.ii) Less Than Significant Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving police protection will not be greater then those already anticipated by land use designation. a.iii) Less Than Significant Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving police protection will not be greater then those already anticipated by land use designation. aiY) Less Than Significant Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore. impacts involving parks v.ill not be greater then those already anticipated by land use designation. 8 • a.v) - Less Than Significant Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts to public facilities will not be greater then those already anticipated by land use designation XIV. RECREATION a) Less Than Significant Impact: The proposed project \Vill no substantially increase the demand for neighborhood or regional parks or recreational facilities such that substantial physical deterioration of the facility \Vould occur or be accelerated. b) No Impact: The proposed project does not include the construction of recreational facilities. XV. TRAi'JSPORTATIONffRAFFIC a) Less Than Significant Impact: The proposed project would result in increased vehicle trips. However these additional trips are not considered significant. b) No Impact: This project does not exceed a level of service standard established by the county congestion management agency for designated roads or highways. c) No Impact: The proposed project will not impact air traffic patterns. d) No Impact: The proposed project does not include site designs that would result in hazardous design features or incompatible uses. e) No Impact: The project will not result in inadequate emergency access. f) No Impact: The project provides the required parking capacity. g) No Impact: The proposed project does not conflict with adopted policies, plan or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTE:MS a) Less Than Significant Impact: The proposed project will increase the amount of sewage generated from the site. However, the increase is considered insignificant and will not create an impact exceeding wastewater treatment needs b) Less Than Significant Impact: The proposed project \Vill increase the amount of sev.-age generated from the site. However. the increase is 9 • • considered insignificant and will not create the need to construct or expand existing water or waste water facilities. c) Less Than Significant Impact: The proposed project \Vill increase the amount of stom1 water generated from the site. However, the increase is considered insignificant and will not create the need to construct or expand existing storm water drainage facilities. d) Less Than Significant Impact: The proposed project will increase the amount of water usage on the site. HO\:vever. the increase is considered insignificant and \\ill not create the need for new entitlements and/or resources. e) Less Than Significant Impact: The proposed project will increase the amount of se\vage generated from the site. However the increase is considered insignificant and ,,ill not affect the projected demand anticipated by the wastewater treatment facility. f) No Impact: The project is in conformance with the approved community layout. Therefore, impacts involving landfill capacity ,vill not be greater than those already anticipated. g) No Impact: The proposed project is in confom1ance with federal, state and local statues and regulations for solid waste. XVII. :MANDATORY FINDINGS OF SIGNIFICANCE a) No Impact: The proposed project is in conformance with the zoning and land use designations for the site and does not have the potential to substantially degrade the quality of the environment. b) No Impact: The proposed project does not have impacts that are individually limited, but cumulatively considerable. c) No Impact: The proposed project does create impacts involving environmental effects on human beings. However. the effects are not considered substantial. XVIII. EARLIER ANALYSIS a) Source documents are on file in the Planning Department located at 1635 Faraday Avenue. Carlsbad, (760) 602-4600. 10 .,,,, .. " . 1. • Final :Master Environmental Impact Report for the City of Carlsbad General Plan Update (l\fEIR 93-01), dated :March 1994, City of Carlsbad Planning Department. 11 Map Output Page 1 of 1 " o Municipal Boundaries D Parcel Bo ndaries o Water Bodies ~ MaJOr Roads Air P ota 01 /00 http:// giswebl serv let! com. esri. esrimap .Esrimap ?ServiceN ame=ovmap&Client V ersion=3.... 10106 /2004 e Ii. Commonwealth Craftsman Development 1195 Linda Vista Road #G San Diego, CA 92069 Attn: Greg Shull Your Reference No: 03684493-AS Property Address: Vacant Land 1.+55 Frazee Road SUIte 600 San Diego, C A 9210S Phone: (6191686-6000 Our File No: (I~:6:3~49=. -499 -674 Title Officer: Alan Schaffner (aschaffner@landam. com) Phone: (619) 686-2158 Fax: (619) 299-1718 PRELIMINARY REPORT Dated as of F~bru.3rl' 2:, ~OC -+ at 7:30 a.m. In response to the above referenced application for a policy of title insurancer (c,rr',,'I""',, "C:olt-h L?llci Title.-Compor,,' 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 forthr 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 Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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. 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. CLTA Prellmmary Report (Rev. 1-1-95) Page 1 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Craftsman Carlsbad, I, LLC, a California limited liability company The land referred to herein is situated in the County of S31l Die'J0, State of Ca1if':rIll'3, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 EXHIBIT "A" .<\11 that ce,-tall-I rE.2i1 oropert,; 5itu,:ILe:d In the Count'! of San Diego, State of California. described as fe'llo'::s: Lots 1 through 13 of City of Carlsbad Tract No. 00-22, in the City of Carlsbad, County of San Diego, State of California. according to r"lap thereof No. 14625. filed in the Office of the County P.ecorder of San Diego County July 9, 2003. Assessor's Parcel Number: 215-080-22 Page 3 fIle :"\0: SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A, Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected 'Nlth taxes, to be levied for the fiscal year 2004 -2005 which are a lien not yet payable. B. Property taxes, Including general and special taxes, personal property taxes, If any, and any assessments collected INlth taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are. Fiscal year 1st Installment: 2nd Installment: Exemption: Code Area: Assessment No.: 2003 -2004 5105.52 Paid 5105.52 Paid sO 00 09165 215-080-22 Affects the herem-descnbed land and other land. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth In a document Granted to: Purpose: Recorded: Carlsbad f.1unlclpal Water District pipe lines and inCidental purposes July 21, 1958 In Book 7174, Page 293 of OffiCial Records Affects: Portions of the herein descnbed land, the exact location of which can be determined by examination of the abo'fe-mentloned instrument, whIch contains a complete legal description of the affected portl'Jns of said land. Said matter affects Lots 1 thru 5 2. The fact that said land lies '.',Ithln th'2 Community Facilities Dlstnct NO.3 of Carlsbad Unified School District, County of San Diego, State of Calif., as disclosed by Instrument recorded i"~a'{ 16, 1995 as File r-Jo. 1995-02(1517 6 and amended June 16, 1995 as Fife No. 1995-0254[137 both of OffiCial Records. None flOW due and oWing. 3 Pesolutlon No. 97-528 of the City Counc" of the City of Carlsbad, California overruling an,j denYing protests and establlshtng bridge and thoroughfare District No.2 (!>.Vlera Parkwo'Y- POinsettia Lane) to finance the costs of major publiC Improvements In said City, recorded July 22, 1997 as File No. 1997-0349124 of Offlclaf Records. None now due and owmg. Page 4 4, The Leasehold Interest of John Llano dba San Diego Farms, Inc., Lessee under an unrecorded Lease as disclosed to this Company. 5. A document subject to all the terms, provIsions and conditions therein contained. Entitled: Executed by: Recorded: "Notice of Restriction on Real Property" Redeemer By The Sea Lutheran Church and City of Carlsbad November 27, 2002 as File No. 2002-1076950 of Official Records 6. An agreement to which reference IS hereby made for full particulars, Dated: By and between: Regarding: Recorded: December 4, 2002 City of Carlsbad and Redeemer By the Sea Lutheran Church of Carlsbad Agreement for Reimbursement of Construction Costs for POinsettia Lane, Reach C December 4, 2002 as File No. 2002-1096936 of OffiCial Records 7, A document subject to all the terms, provisions and conditions therein contained. Entitled: Executed by: Recorded: "Notice Concerning Aircraft Environmental Impacts Case No: CT 00- 22" Redeemer by the Sea Lutheran Church of Carlsbad and the City of Carlsbad February 10, 2003 as File No. 2003-0153038 of OffiCial Records 8, An agreement to which reference IS hereby made for full particulars, Dated: By and between: Regarding: Recorded: February S, 2003 Redeemer by the Sea Lutheran Church of Carlsbad and the City of Carlsbad Hold Harmless Agreement Dratnage Apnl 21, 2003 as File No. 2003-0458842 of Official Records 9. An agreement to \',hich reference IS hereby made for full particulars, Dated: By and between: Regarding: Recorded: February 8, 2003 Redeemer by the Sea Lutheran Church of Carlsbad and the Cit\' of Carlsbad Hold Harmless Agreement Geological Failure Apnl 21, 2003 as File No 2003-0458843 of OffiCial Records 10. An easement for the purposes sho,'m be 1m';' and nghts inCidental thereto as shO'.';n or as offered for dedication on the recorded map shown belo\'!. f\.1ap: Recorded Easement purpose: ,A,ffects: 14625 July?, 2003 PubliC utilIties, Ingress and egress As sho,,', n on said map Page 5 Said matter affects Lots 3 thru 10 11. An easement for the purposes shO\';n belo'.\' and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Easement purpose: Affects: Said matter affects Lot 13 14625 prrvate drainage and access As shown on said map 12. An easement for the purposes shown below and rrghts Incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Easement purpose: Affects: Said matter affects Lot 13 13. A covenant and agreement 14625 open space conservation As shown on said map Executed by: Redeemer by the Sea Lutheran Church of Carlsbad In favor of: City of Carlsbad Recorded: Jul" 9, 2003 as File No. 2003-0813760 of Official Records Which among other things provides: Easement Reference IS made to said document for full particulars. Said matter affects Lots 5 thru S 14. The fact that said land lies "lithln the Amended Annexation fv1ap No.8 to Boundaries of Community Facilities District No.3, as disclosed by instrument recorded November 13, 200:;; as File No. 2003-1369961 of Official Records A Notice of Special Tax lien for Community FaCilities District No.3 of the Carlsbad Unified School District, recorded April 26, 1994 as File No. 1994-0277976 of OffiCIal Records An Amendment to Notice of Special Ta' Lien for Annexation No.8 to Community Facilities Dlstnct No.3, of the Carlsbad Unified School DistriCt, recorded November 26, 2003 as File [\)0. 2003-1418263 of OffiCial Records Reference is made to said document for full particulars. Page 6 Flle~o' 15. JI.n easement for the purpose shO',vn belo\',' and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego Gas R Electric Company public utilities, Ingress and egress December 11, 2003 as File No. 2003-1464202 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. 16. A deed of trust to secure an Indebtedness In the amount shown below, and any other obligations secured thereby. Amount: 52,422,000.00 Dated: December 3, 2003 Trustor: Craftsman Carlsbad, I, LLC, a California limited liability company Trustee: Gateway Busmess Bank Beneficiary: Gateway Busmess Bank Address: 18000 Studebal<er Road , SUite 550, Cerritos, California 90703 Loan No.: 43025 Recorded: December 16, 2003 as File No. 2003-1480916 of OffiCial Records 17 Any rights, Interests or claims of parties In possession of the land not shown by the publiC records. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 7 File :\0: REQUIREMENTS SECTION: NONE Page 8 File ~o: ___ _ INFORMATIONAL NOTES SECTION NOTE NO.1: Privacy notice (15 U.s.c. 6801 and 16 CFR part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any non public personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE NO.2: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO.3: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Commonwealth Land Title Company -San Diego County Account #9100899563 RE: 03684493499 -674 PLEASE INDICATE Commonwealth Land Tide Comp:my ESCROW OR TITLE ORDER NUMBER Page 9 File ~O' NOTE NO.4: The charges which the company will make for next day messenger services (Le. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO.5: If taxes are posted paid less than 45 days, the Company Vlill hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or jf a copy of the cancelled check can be provided to us, this requirement can be waived. Typist: ~;-,::, Date Typed: March 8, 2004 Page 10 hhibit B (Re\. 2/4/02) CAUFOR'IA LA."iD TITLE ASSOCl,HIO' ST A. 'DARD COYERAGE POLK\ -1990 EXCLl ~IO'S FRO" COYERAGE Tht.: )1.,Jk,\qng ~t1et5 .lIe r\j:l1't'"55J_~ t:\.dLJJeJ tT,-'n1 th.;: c,IH:r,J.gt: ,-,flhlS lX\l!c~ and the C"'mp:tn\ ""n OL't pJ.~ 10S5 \.IT dan1.1£e~ cnsts.. attorneY5 < fees l" expenses \\ blCh ;;!.ri"t." b\ rr;15 ....... n (11 J 1,3\ An~ J;:m ..... 'rd·n.1l1,:c (11 go\crn'""'"1,;'""\T.l! rt'f~,~l.::!:c"' I'P .. iuQ''''g ~u· -,:,t FtT11'td 10 t-u·Umg 01 z,:'TI "'g 13\0\5 or.:!m:lTi;:rs ,:-r-rCf:l.:I~! Yi~f r::;'rrCt1"":; 1:~<.,1:;l""'£ r .. ,-I-;-t-'· l1f "1" re1::nng TO (Illr.~ 0':':\J'r'::Inc ... "" ,'r e-t1.1)~'i1("~t Cfll-.,c l..!T,,j ("~ the i:"J.r:J.ctt:L d;'111!'l'~':-"S ':" I "':.:t!1 Yl ,:,f :!.'1:. T1"1~' ,'\ Cr'l1"!n· "10:"\ ':-..-'erc;:J+:.:r (-rcC1ej ,:''1 the bnd (1111 2 SC'p.1f;]t'0'l ~f\ "\\\Tle""'$~tp 0! I' c":.:-.n;e m II-\:, d'm~!-,5. ,'''5 C: J' eJ ' 1the bnd l'" ~'\~ \=,.1 .. ,;:.:-1.: f,\ ht,;:h the :~Ij I; (II" \\:::.s .i p .. n .:or i 1\' em lrC'nmentJ! r'Cltcct:J'1 ,-,r lhr:-erTt:.:' ,",t r:. " ):'~J~l)" ,,:-1" 'hl.."5t: b\\!.' ,:-,1 jl'r1.mces N g,'\emrncntJT reg:l.11~!·0n's. e\ccp' Ie, t~c C\~t...."t t];3: :3 J1 ·lh .. t:' 0ff1.C' cnL""l..:cmcn th"I!(,f ':'1 .J f'('I!':c ..:: f.! def~CL herl. ('f l,."!1CCl.T1'1brJ.ncc lcsu.lr.,ng ttcma "('tI~t10n 0i alle-ged \ld!atl0rt a!ll.':ctmg lhe l..lnd has ~t:o !eeNded m the pul,11!c records at Date (,fPolicy (~t .~n) g(""ernmentJ.! J)I.~lice p'-'\\eT flC'I ncluJej b,:. (J) Jt.x,\C c\cep: ILl th: C\.!Cnl1h)t J no!ice 0fthc: ncr-else thcrel:,f 01 n(,~kc 0f J defecl. h~r ('r en':l.lmh'-.nc .. Icsul1'ng: fwm J '\10lJ.n.:'Ti ('1 llleged \t.,)l;:m':'T'! ..tffectJ'1£ t~c brtj l;35 lx-cn rec,-"jej m the publi.: fcc("ds.:J.t D:l'c C'fPc,jr':_1 .: Rlght5 of emIT"!CTlt dC'rnJtn u~;e5s "i·-'!I.::e cflh" ;:,'\cr':lse Iht.-reC'fr~ t.el!r: re,;, <r;k·j Tn dre f:'\l,.lblic re,::onio;:.1t D31e (,fP,:.l,:), but n:-l f:,\cl!.\d,;.£ f-:..., c,'\t!rag~ :Jr'. I~J..l"'g 0.\ h .:h ha$ c'cc-~-rd rn,:,r 1\.. D3.!-t e,f Pc.h.::-.~ hlCh \\ollld he: t.'~:,".j;"lf: ('In the nghts \,. ... fa purchJSer for \a!ue' \\ Ith0I.Jt In,.''\\ ledge Defects llcons I!ncwmr...mce5. ::td\Cr5e Cbl...,5 (I[ o:hl!'T MJl;~5 13) '\\helher or '101 lcc('\r,jed 1r the r.l~l!.:: l'C'c..-r.i".n D...lt~ ,AP'.lll~\ t>ut crea.ted.. suffered .lS5umed or :tgreed to b:-the In5ured cblmant (to) nN J...nC'wn to the Ct.lmpan:. n..-:'l n:c,)tdt!d l~ the pub]" rc.:(\d.s. J.t DJtc (If Pclic) !.xlt knc-wn to the insuTed ch1m:mt and not dJ5Ck,sej in \\T1{l'1g 1.:. 'he-COfTlI:'J.'"l:. b) tl,c ms.ured cl':l.Imam pn .. .'; to the d=i!C' lhe msurcd clalmant became an in!>uted under thL<; p0Jic.;. Ie. ResulIlng m no loss or darrnge 10 th, lnsL..:rcd ci:l1tnJnt ,j) -\uachmg or created subsequent to DJte 0f Pollc:_ l'i (el Resunmg m los~ L"\r damag.e \\ hlch \\ culd not h.1\c been sl.lstJlfJed if the msured clannant had pald value: t'0rthe insund mortgage or fonhe estate 0T mtC1est msurc:d v)o tl-jjs ~,hc~ ..t l'nenfcrceah111!Y oflhe 11::1' offhe msured mortgage r.ec.1use (,fthe H1:lviJity cr fJ.ilure ofthe i'15UfCd at Date ofPolJcy. or the lnabilit:-or failure of 'Jn~ st.t'5"qllem (\\\T,Cf Clfthe mdcDtcdncSi to comp1) \\ lth tl',e apphCJ.blc d01flg business 13\\S of the sL11e in \\ hlch the land 1<; sItuated 5 hnJlidll~ (\f unenf;::-rCe;)~lh:1 of Ire' lIe!': c'>fthe ''':':.I,,·ed m::-r1£:l£e. ('I':' ~b'm Ih~e:-f \\hl..::h msrs cut 0ft~e tr2n303dTV., -e\lJC":".c:d to., the n5ured nc'~g'JE:e .J"'1J 15 b3.5ed !"'p..:.'" u511I) 0'; ~n:-CC'15'.lJ'f'l1!f cred.'t pr0tc:cticm 0' tn..L1 in Jcrld:;,g ~;l.\ U !.n:-clal1T1.-\\, H;:h ilfJ5es: Out ':'If The r-r;:m; .. 1~',~'n \e51mg l1"i the ;1iSLo.red t~e estate OJ int~C"St lns:.licd j:.). thlS p0hc~ 0r the ti.m53ctl0n oeJ.11:1g the mterest (If the iflsurcd kn::kr b~ re3S0n I..'f the opcra!Jon c,f federal ron'lruptC). sute mS01\enc~ (Ii similar credITors" nghTS lav.'s EXCEPTIO'S FRO:"I COVERAGE -SCHEDl. 'LE B. PART I ThIs polic) do~ not imure 3g:J.Il1St 10ss I..,r damage t .. lOctlhe (l.'n1p::l.I;~ \\ dl not PJ~ C0Sts, atlC>rneys· fees or ex-pcnscs) '\\ hlCh ansc b} reason 0f I Ta.\e5 ('T JSsesstnents \\ hlCh are ni:'t .5h0\\n ::s t'''5tirg hens t>y the: rec\yrds of any t:1.yj;lg: 3uthorit) that lenes ta'\es or asSf:<;iTT1ents. 0n n':31 pn:-·r<''1~ 01 "h the p<.lblJc rCi.(lfds Pn .. 1ct."t:d'ngs b~ a public agen.:) \'-hlCh TTlJ:O res.ull m ta.,\.e$ Dr assessments or nonces ('fsuch pn ..... 'eedmgs \\ helher OT nc·t sho\\'T1 P.\ the rec0ids of such agenc~ or b: the publlC records A"n~ bets nghts interests ('Ir damlS \\ I,leh 3"e not ih,-'v. n t-:-the p,",bhc rec(\rds but \\ h1-Ch could be ascertained P':' an inspe.:oon ofthc land v. Plch m.J.\ be .15scrted t» pcTSi..,ns in lX'ssessiC'T) thereof 3 Easements hens or ('11cumbrance~ l'T clam)!. Ihereof. "' hlch are not sho"''ll b) the public records -t. DIScrepanCies, contllC1S m bound3.l:'-Imcs~ shon.age m a[ea.. encroachments. Of an) other facts v.hlch a correct 51Jn.e~ ~ould dlsdost. and \\:hich :lrc TIN ShL)'ftTl by the pubhc records. I al l'nparemed "TImmg cl:1ims fl:-) rese!"' Jtl0ns ('If ~'ccr-!K'ns ,., p31t':'T1tS 0r IT' Acts autn0nzTT"g the' lssua.nce IheTf'('lf. (Cl \.\;lter nghts, cla''11S or lnk ~o .... 3tt"1 .. '" whtt c:r nor the maners ~~CV1ej under ta,. (t I or ~ c) are 5h0~n t:2-the- public records CL TA HO:\IEOW~ER'S POLICY OF TITLE I'SrRA. 'CE (612198) ALTA HO:"IEOW'ER'S POLICY OF TITLE I"'Sl.'RA.'CE (10/17/98) EXCU'SIO'S In addlH(ITI 10 the E\.ceptttms IT' Schedule B Y~'u are ni..~{ 11'tSured agJ\T1s1 loss C0st5.3[t0fn('YS: fees, and e'\penses rrsuttmg from Go\em~ntal poh" pcmet" and the r'\isteTlcC' (If '\lolatll'Tt l-·fany 13" ('Ir gO\-errImem regulat)(lo This. mcludes ordmances 13"" sand ft!'gulatI0n<, cttocernmg a Dulldmg be z~rm£ c land ~s.e d. ;mproH'ments llO tht: Land land dl\IS1on en\lrcmmrntal protection Th1S E\.c!uslOn does n\·\ appl) to \ !0b,non5 N tl)e enf0rcernent (tithese matters If nott("1:' of the \;olalh-'" or enforcement arpcars in the Pur-hc Rec':>n:is at the Pulu::) Date This E\clusl0n d0f'S not limit the: c,)\er.li!1! descnbed m C (I\eTcd Rl!'1... l~. 15, 16. 17 or.:!4 ~ The fJl1urc of Y(I:Jr C""\istH1g. stT''JCIU1~. ;r JJl~ p:l.-rt (,r lhe"1 t~ 'Ix c-:ostr!1ae:d In 3cc0rdJ.'"'.:c \\ith applicable bl.llldmf. cco.:!cs This E\.;:lusl(,n d.x-s. n .. 't ~j)!, tl). \, 1obl)(In5 0fh...ddrr:£ codes If not1ce-\",fthe \,l:tbtilJn aprears m thl! Pllb1ic Records allhe P0hc~ D~te The n~ht 10 take the Land b\ cC'ndemnin{! It unless .a ;, nNice (If f'"\t!1clsmg'the-tight appears In the PublIc Rec\,.ITds at the Polk) Date.oT b the takrrg. happened bef0re The' Pel!e) dai~ 3'1d 15 })mdirg \"'n '\ 0U lfY0U roughl the Land \\ ithC'ut kn0\\mg: (,fthe t.JJ..mg .l RISks a that illC Cleated. alk'!\\cd ,-'r J.gT"ed tu D, "0>..1 ,\ hc:thcr or n01 they ap~ar m the PubliC Records. b that ate known to You at tht:' P(lhcy Date but nN 10 l's. tinTtss the) appear In the Pubhc Recl.. ... rds at the P(lhc) Date C Ih.J[ r('Sult In no 10i5. 10 '\ l'U "r d thaI first OCCur Jtlrr tht: P0hc). DJ.f~ -lh,!>: d,xs n,)! IIl""'1it the cO'orragc dcscnbed m C\)\ered Risk 7. E-d. 22,:3 :..ll'r 25 F~llure 10 PJ~ Y.:lb." ~) .. " (,<ur TnJC' f,;I L.tck of a fight to .3.fI: lJ'1d L-'ulsi&-the are;;:! specTfi::ll1_, dcscrkd :IT'la referrrd let -in p.Ir..tgr.lph 3 l,)fSchedule \. and r. m S'trc:ets. alle:s or \\J.Ter\\J:"S th:n {,-,uch the L:mJ ThTs E"\clusl0n docs n('t lImn Tk "::(,\eTJ.j;t:' de<;,:rlt-e:d In Co\creJ RISk. J I c-r I ~ A .. \IERlC..\c"l LAl"iD TITLE ASSOCI..\. TlO:'ll RESIDE:\TIAL TITLE I~SlR\.,'CE POLICY (6-1-87) EXCLl.'SIO'S In addnlC'D to the E"\cl!'ptJ(lns 10 Schedule B )("U )1t" n,~' 1nsLne-d .1gJl1lst klS$. C0'015-aItome).s' fees. and expenses resultmg frClm G0\ern1"l'lC'ntal p.:--hct PO"\\\eT. anj the ('''''.'S!C11':C' A \ll.da~\,\ll l..·f::In,:. 1.:1.", ('Ir gou"mmem n::gulatJon ThiS mcludes N.II1ding and .wning L ... rdmJ.oce5 and J150 1...l\\ S ..tnd rcgul.J.tl0ns cc-ocem,ng Land usc' hnrr0\CmemS l...n fhe !..l'1d WIld dn :si,1n Em IrC'nmentJl pl,-,re.;ti ... n ThiS-c,clus,,-'n d.:>es not :lppi) 11.., ,i\.,l:illon; 0nh!!: enf(.'r.;:;crrtC:'nt (,frhese mane-rs \\ hlCh appear In the publIC rec0rds at P011C) Dale ThIS e'\cll.lston d0CS TIN !rmn tht.' I't.,nmc c,'\er.:..:.:t:' dl.".;.:rrr.ed lTI H~m5 12 and 13 ofCo\ereJ Tnk RIsks :: The-nght t(' t;,J,l;:"fhe I.md b~ c")l)jCIT''''''~~ ,t 1l"Ic-.5s. -\ tlN1CC ;:.f t:'CrCl"11g' t'1c "f"~ 3~;".::' .. \fS ,', !l-,e r.lbllC re:~"js 0n the Pc,11e, DJt~ The talJT1g h3ppen~d prKlf fL, [lle p, 'hl..._1 DJl! .l.nj J" l"',njlll§: l,n .\,-IU lf~0U bought the: I.md \l. nhnut k."0\\ mg ofIhe:" laJ..m~ Tnle R1.5h.S Th • .lf .11 e crcJIt:d JTl0\.\ "j "1 J~' ct:d 1,-, h -' :·u Th.tt resutt In "".' k,ss L' ~ '-'~I T"a! first atTect \l'lli tItlt" .. ,fll'l rhe PI,II\:\ D.:lil! -ltll~ d0C$ npf hmn the lalx'T and matenal hen C0\eragC" m Item to: (')fC \.'\e-red Title H'~k..;; F;l.llure Te, po) \"~Iue' f, ... ~r :L'.,jf tl'it:' ' Lxk ofang.ht To an.' land l"'UI<;ld(!' tr.e-.. He.1 :.pe':II~"'Jll\-UC"t':IIbt.J. anj rrkncJ to In Item 3 "fSchcd:Jle .. -\ OR In streets. alk!s ('r ".llt;f'\.l\' t~;): t ,u\..11 \')Ul l...ll1d Thts. exdu.s.lon dL-es nL'l IIm!t!he 31.1,,::55 ':1.'\Cf.lge III hem.5 (,fC v\cred Tnk R1SI..:; ~'IERIC.~"" L~""D TITLE ASSOCIATIO:-'; LOA ..... POLICY (1O-17-92) "ITH ALTA E:-'DORSDIE:"IiT-FOR'11 CO\"ER.\GE and A:\lERICA.' L~""D TITLE ASSOCIATIO:-'; LEASEHOLD LOA.,\; POLICY 00-17-92) "ITH ALTA ENDORSDIE:-;T-FOR\I 1 CO\TR.\GE EXCU'SIO:-';S FRO" CO\"ER.\GE The f('l]J,::\\\Jng nutlers .. m: e\pr~51.\ C',cluJC'..i i/,:'Tl the I..,--'\cr~c k,flh15 poll.:::. and the Cl,.lmpan~ \\ III TIN pa:-loss ('oT .±un.:tfc. ~0s1S, atte.mC')·s fees L't e\pemes \\ h;~h :tr'sc b.:-Icason of (at An~ b\\~ (ltdinanc, C>1 g(.\cnnTI'CrL.lIlL'gulatr('n IincludJ'Jg but not lml11ed to buildiflg ~T1d zoning b\\S or~hnJ.ncl::$. or n:gubt10n.s) rcstnctmg rt:'£ubting pr(,hl~lt!'''g (1f relating let (i, the t"ccup::mc)<. usc or eny:I)meT"t ofthC' l:lnd. 111) the Ch..l.tJ.CIL'J. dlmcnSTns 0, 1(1:3t1(1n (If an~ JmFr0\~ment no\\ or hereafter erected (·n Ih~ bnd, 1"1) a sepJrJlr('n m ,:;'Wl1ers""'lP (If J ch:mgt:' m the: drmenS10ns. C'r .lrea ofthC' bnd <,.'lr.:ln) p:m::cl (,f 1\ hlCh {h~ bnj ,$ ,:,r \\.lS J part. cr 11\' em-in .... nmema) Pr0Ie'ct10n, Of' the eft"t.:t t.. .. fan) d(·tat10n (,fthese b\\s. ('ljlTJ:m~r5 c.r g,-'.r:mm"'1T;:tl reg!..datl\ln.i \:"'\Cq.l te< the e\.lent th::s.t J. f1·.)t1ce c-fthe f'~fc\lCemr:r,l thtu.f ('I ..r nC'i".:e ora ,jefc.:1. hen \)feT'\Cumbranc~ resultmg trom::r \wlJ.th'" ('or alleged \; ... "latlCon affectIng. Ihe bl')j h3.5 c.eC'n lcc,.,.-dd 'n the publiC lccoJrds at D.:J.!J: \...[ Pollc\ ,b) An) gl..'\.crnmen!:Jl JX,hcc JX,\\t:r nClt nd .. ded t:-.+ ta) aoo\c. ncept to the extent that a nL.tJCC' e,fthe r'.elClse-thereof or 3 n(ltJce of it def~ct. hen 0f' encumbr .. m.::c rC5.uhrtlg from J \10latlC'D or al1eEed \ j"."'IIaoon effectmg the land has been I cC0rdcd 11'1 the public records at Date of PC'licy :! Rlghts (If emment d0m.:Jln l.il"'e~s no!'ce ,.f rho;: 't\en:1.5C therc0f has 1xen recClrded m the publi..: records at Date ofP0Iicy. but not C''-d,Jdmg fn..m cncrage an:,-tal.mg \\ hl.:h ha.; 0(clJrred pn,)T lCt DJte of PohC) \\ nlch \J, ('uld be Dmd1ng L,n the nghrs L-,r;J purchaser fOf -"alue '" nlwut kno'\.\ledge Defem h~TlS rncum'brances ad\t~rse ciJlfTlS ,II lither matTers fJ.) created. suffered.. ilSsume-d L'f a£T~d 10 D\ the mS'.1re,j cJam1.:lnt. (bl nL.t l.nt)wn to the Ccm"'rlo1ny. '"h .. 1 n::,,::clrdcd In lhe public rCCI..'"Irds at Date ofPolic::-.. but knN'l.n to the lt1suuj ,l;:mn.lnt and ON dlsclQsed m \'l.TI~·ng to the c,:Mp.1n> b,:. the J"1sured c.Iarrn3nt pnOf le, the date the Insured do-mum Pce.lIne::tn rnsured t.n.:1erth1'io pollc). (cl resuhmg m flO 10:.S or d3m.J.ge 10 the mr;ured dalm.:mt. (d) nnachmg: or created s~lbseql.len' h. Dat(' ,-,f P"IIe) 1 exec-pl 11."1 t~e e\.lem that lhl~ lX'liC: Insures the pri0f1!~ (,(the 1H'.':n L,ft~e msulcd f'l0ng3£c CI\er :!-"1\ s~~tUtc.I"" hen f0f sen ICC':'_ l.lbor or m .. ilerial cr to the r\lent msurance 1$ .tff0rded ~Ctcm as :0 J,SsessMCnts fllf stre~ irnpro\ements under construction Dr compJcoted at D31e 0fPoilq. L or leI rcsuh,ng m 1055 0r damage \.\ hlCh \,I. 0uld 1101 h;:rl.e been sustam~d if the Insured clairn.ant had p.lld value: for the Insured mong-age 4 l'nenforce;'i~ll1t) of the lien (lftht H1sured l"'"lI..rtgage because-oftht' 'nablht: 0r failure of the 1nsured at Date ofPClhc} orthe lnabiiJt} Of faIlure ofJn.~ sub-;e-4u..:-nl (1\\ Tl("f ('fIne indet..edne-sl;; to c('lmpl~ \10 nh applicable domg busmt'ss b\.\5 of the sta1e-In \\ hlch lhe land IS sItuated Imahdlt~ 0T unenforce3~dlt;. ('If rr.e 1,e~ ,-If the-m:;;ured mongag:e c-r claim thCTC'Clf. '0\ hich anSI:'5 out (If the transatth.m e\'JdencC'd f:.~ the Insured M.,,'"Ingagt :md l.i hlsed upo...'n USUT) ..... r an:.-C0n5u'f")Cf credn protection or truth In !endmg. lJ\\ b .!\n)' statutoT} hen for 5~1CCS labor ,:)f' "mten:!.!; fL'f the cblm ~.fpnorit: (If an::-statutoy;. hen fllr SC't"\ICes, l.J.tx .... r-0r matt"nals l-'\'C'f the hen ofthC' In'iurc-d TT\:Ingage1 3r's!ng from an !mpr0\emeTlt ('or "'(Irk ~ hlCh at Date (If P(1hc~ the Insured has .jj\an..:,cd or 15 obhga!cd t(l ad\ancC' -\n) cb.'J'TI v. hId' ar-ise5 l'ut l~f1he t::I"~3C1k")n creating .. he 1f1'crest ,-'"If the TT'lC'ngagce Insured h: thIS Pcol1c:-. t-~ rea. .. "n l i 1tte ope"'"atl ''In C'f fejenl oonln':IYc! 5!31e ms.:-,hen.:: x ':>lmJ!M CTrd:Il'rs' rights 13""'5. that IS based on (1) the lran..r;:aC'10n C"c:mn1;! The lPlt"icsl \.~f:ht. m!.u·eJ rnOI1.e.a£tt bel112 dec'med a fraudulent I;on,\,e"3.nce or ff.iudulent transfC'l. 0f l1il lhe sutx .... rJ'f13uC'~ ufthc mlclesll.. ... f~hr: Insured l'Tll:lng.ag·ec~ as a res~h of the apphl;auQn of the ~ctnn(' of equitable su~rdmark-'n (11il t~ tr.mgctloo CTC'3tmg' The l..,tt~''T,!SI 0flhe msured ?"fl('Inga.g~ bemg deemed a pre (31 10 umeh I"et..0rd Ihc H1Si .... Lr'l('1l1 :fl' .... ·lt1sfcr OT (bt (lfSL.ch ~e..:ordath:m hI lmt'.an ntlll.:e tc J purchaser for \alue or 3 Judgment or hen creJ!1N The abc\e pohc> forms TTW,\ Pc Issued Ie' .3f(l..~rd ~!thC'l 5l..1 . ..l..,dl,d C0\crage or E"1!:'Tld..:-d Co\crage In addni0n tL\ the abo.."l\c Exclusk1"" n-.:'Im CCI'l.craf,t the E ..... .:eplI0ns ft .... m' rCl\~Ee-m a Sundard C 0\erJ,£e polic~ \\iJI aIsc' incJud~ the i0:k·\\ mg: Gen~f,:lI E XCCJ)tK'HS EXCEPTIO:-;S FRO~I COYER.\GE This pvhq does not Insure .lg:JJT"SI Ie-'Ss: (of dJrrug.c: (:mJ Ihc (c>n1pan~ \\ III not pa~ COSLS. 3Uorneys' fees or e':penses) "' hlCh ansI!' b) re.t.'~('I" (If 1 Ta'\.es (\f as!>{"SSJ'l"IeTllS \\,h,ch are n ... ,' $hp\\n.:c. t'\lifmg liens b) therccNds (If an) taxing authont) that le\!es t<1-\.~ \.')r assC$sments on real pmpcn\ ' .... r b! the pu.b!!..: TCCI...'rth Proceedings. b} J. public agenc:-\\ hlCh m.lV lCS,Uit In lJ\CS or assc\sments, or notices OfSllCh proceedings. \\hethcr or nL"lt sh,)," n by the records Of5uch Jg:enC) 0T b:\ the pubic lecords ::! Any fa.cts. nghts. intC!C$15 L,r ..:!,jlln \~ hlCh .J.rc "(,t sh0't.\n t>:,-the public records but \\ hlCh c(oL.lld be ascen:rined b! :m lnspcction "fthe bod or D: troJ..mg mgUlT) 0fp'-"f'I'.> ..... ns In 'jX'SSesSK'"I1j thereof Easements liens or en.:umbrJnces or CblffiS thereof \\ h).;;h 3rt" nL"'1 5h0~1l b). the publIc records "' Dlscrep:m.'::les. c")"'1flicts Tn l:x .... undJr~ 1m".:; 5h~,rt)f1!' in area. enCloJchl"1eJ'ts or 3n~ (llher facts \\ hlCh a C('>TT>!ct sun!') \\0ulj dlS,C!('SC ~"1.j n hlch arc n....f ::.!10\'I.'n t.-~ the P..l.t.J1C re~Qrds 5 I:al l'np:l.·ented mml'rg cbm"\~ ! tl) rts~t\,jl <,n:. ' I t:\.cer~)l'n5 tn p..!1C11ti ('r m Acts authc1nzing the IS5uJl1..:e rhcrel..,f. fe. ~::ner Tight;" CbllTl5 (lr tItle W ~\~!t:'r ... \~;:thCT ('r nol the m..lttC'-;, C'\Ci!pt'C.j under L.JJ. tb) (lTic):;rre t,h.:'" n D) the pu):lh..: tc.:;,:ord.." AMERICAN LA. '\;D TITLE ASSOCIA TIO~ OWl'.'ER'S POLICY (10-17-92) And A 'IERIC .\:-,; L.\. .... D TITLE AS5OCIATIO' LEASEHOLD 0\\ ;\ER'S POLICY «10-17-92) EXCLrSIONS FRO~I COYER.\GE The f0HQ\\ mg. TTlJ.uers ::llC t:\prf.'S:.l) co' ,:)ud,;d ii (,m the ((l\crJge of this rohe) and the Comp::my \\ ,11 n.:)t pJ.)" 105:5 or damap:', C0S!S. at!0rneys' tees (If e"rCT1$C'.i \\ hlCh ;lOse' l'y 1I!'a.."0l\ t.."If 1 13) An\ 13\\, e,rdl"l.JllCC '~'1' !Y'\(,""'Tl'1lCrL1! Ic£ubTI:''l (induj,ng but nC't Jimncd to buildlng JJ"td z"nmf, Ia., S t1rdmJnce£. l·r n:,gubtl,)ns. resmCTlnf' rl..·~uL.tmg r-rchIP]1If,g Clr rl!bt,ng to (it the-~..::cup.:m.:y. ll5C (If er.J~':1"'1el1T l ft~lt:' I,::.;-,j ( \Il~'-: chJ.'...t.:-tr, dlmcn;;;I':-'15 l·r J0CltKn 0f ,:'1n~ lTnpf0\CT11t"'nl Tl0\\ 0r h.,eJf1er en::.:ted L'n the: l...:rd. (1" I :l 5"P)\·..l~1~'"Ii'1 \t'\ ': 1\ r.e1;.h r (Ir ;) (;hJ."1,f:C' m thl! j,l'11C:1hiL'ns. ('f :1TC.J. "'f1.hc lJn3 cr,lr;. -":..1] cd ( I .\ ~ .;~, f~': 1.",j ':.--,r "\.is J PJ.rt (,r Ii .. J I!'T',\ tTonmcnt:l.l prNI!.::tl'"lT' .. (If the eff!!ct (.f J.T') \iJla\ iv~l L,flhcsl: b\\ S 0" ;''''..II1':CS ... ,r f-"C~ nc"t.:!.t rc!?-:..b. .... I:'m.. C''\:ept to the t\tt!11t tk..1T J. nl...'rkc (flf>l: CJ~fL,~.;"rr:t."r: '10;;, c, ,f '-'] .1 fI~ !''::I! (Of,J defect. !JeTI (If cnc:.1m'br.m.:e rcsu1:mg from J. ',;,:.lJ.t.lCo" ,:'T .Jlll!g~d \ J\..llJnng .:.lffcctmg the br,j h.::s r.ce·n n:,::oT'ded m the: r.Jbl .. : records at DYe (If robe\. (b~ An~ g(\\crnrn~nl..J' p-:d]c,' P<'\\t!T It,A i.'\.dcldt.:'J b~ (J.I .;;l10\C. e\.cept t.) the n1ent that ;1 n011Ce (If the t ..... tTCl'>t' thereof l..lr J notIce Of3 deft!1..f IlCf\ 01' en:::Uf'10!ance le ... uhng ft'<)nl a '\K,13ticm (Ir alleged \ lol..111(I'I'': affeCTing the lYld h;!$ h.:t"rl 1 C-.:-' '~dt:d m the puhhc fe-cords at D;:I.I(" of Pohc: ~ Rjg~ts (If rTillT1cnt d.)iT'..1'l\ uf\l;:-;;s: n, t,,;, "f It.,: J.:'\t:fcist! tf-),l c(·f hJ5 b!:er rl!'c0r..icd In du: puhlll:: lCC01 d5 ::l.! D.:llt of PI.,hey, ~.1t n...t t. ...... cludiTlf! fl (,m ':':'\C"" ..:.gc .1f'1_, t..ik,nf. ~ .. hll:h h.1S c,ec<..lITcd prk'I 10 Date of P(:,1)C\ \\hlch \"0ulJ be to 1"1J\Ilt: ~"l~" n~h15 ,-If .I r'.l.l.:hasCI t(r \..Jlue \\iLt.,(lut ~nl..,"Ied£,= Defe-~t.5 hens encumt-.r~nc~ -JdH:';C ;:;-:1 T"nS ,'r ,-'ther 1TlJ.tters - (.11 ClC.ltc.i.suffer1!j J.5Sol~d ,-,r :.c.rcej l~' t. ~ the m5un.~j c!Jnn.,l.nt' thl n01 l...nl'\\" to t~t" C,'111r'..In., r 'llt ,:,-'1 ~h:d 'n the I'Ll:,'I" rl!'c\Irds at Date of Pc.hey. bt..f kn0\' n tC\ the 1nsUTcd dalmant 3Dj n;"It ciF .. dosed IT\ \HJtlTlg 1(1 tho:! t ~'mr..Jl': b~ the tn5!Jrt:d dJ,lm..J.nr pn\.Ir 1(1 the dJh!' the-m;;ufed cLlfm,jrl: t-<c.tmc J.n Insurcd un':er lhb p....lrcy• Ie) lC5U!tlllg lr, 1)0 k, .. 5, 1 ,;L"U;:: h' thl.: t':'l...rcd d,:nmJnl (dl J.ltJc~n'g: 0rcre:'I!t:j "Ut>s~\.I'..l::n: ;_, [I~!It,;, ,fP,lle:. ,::'r lei feSurtmg rn k.s,> .. 'J •• iJm..J.,f'c .\ h,,::,,, .~ q)d '1'-'\ hJ\~ b!:cn sLlstalned lfL~(: Insured cbJnk1n! hJd paid \alue for the rstJ.tl!' 0f t'1TCICSt Insured t'I) It-I.:' r<.'i,c::- -\.,) cb:'lT' '" h!.:h :I"~C_; ' .... lI; ",-,1',.: 'tn1"j~J.cTI ,r .tq"f~ iT' ihl;! 1f'5ufl!'d The C51J.le ~lr mleresl tnsulcd Q) the p"-'h.:) 1:» reJ<;Lm ,,[the 0per::lII,:m of lc,k·,.li i);Jr,k.1 \jj:'t ... ~. ~'..I:e l11SC'ht::T1 .... ~'I s.rmd:iT .:rcdll(lr~· nghts 13\\ So thaT I" h.:! .. cd 0n (i) lhe trJ,n5...lctll~fI \,.'t:',tlln? fli, t."5t~lc \'1 111'l:fC.:.' msul.('j b\ thIS pc,hc! Ixmg deemed ~ frauJu.kllt (OI1\t"} .. m.:C' t..'f fJaudukllt H..IlIsfc:r. (1/ ~ lil the IL1T's. .. KTion ~re..1IIIl!! Ihe r;:q:i' .... 'r l'1t';JC;.t Illsurcj t~ the lX'l,c:;, bemg. jeemcj:J. prcfCTcntlJl trJn5fe~ C'\Cepl \\ hen: the prcfcre:lrlJ.l tr.:msfC'! rc~u\~.:. f}.;:.m ,k .... f.nhm: I.JI lo~rl""'lCl: Tn.' ld ,!'Ie" tn5"1l"'''II::''~1 "flranstf-r 01 d"~ C'>fsuch 1 cc .. ,rJ.tl I, ''1 ',' ,"nf'..!" II' "11..(' 'I"' J rt.lr~h.l.. .... t:r 'vf \J,;Uf" 1.." ;)J:.Jdgnlt"Tl! cor h.('n crt:d1i0r- The: atx.'\t:' p...dl':\ f ... 'lms. ;-n;l. h.... I" ....... cJ: I ,.Jf( lJ Cl1h~·r St~I!~Ja j (~'\t.'T.J.£!! 0I E'\tcnJc:d C;.\cra£t In J.dd1!i-:.n L) the .Jf:...."t:' E"du.:,;\..'ns Trl..,m (.,::'\CT..J.i:.t: I!-I' E",;crtl IT:.. 1""_''11 CI..'\,r..!.!?c :r, .l Sra11.L.rd Cl'\C1J.,f1!' PL1hc). \\ 111..1\S('! ;nclude the f\.-,iJ,_'\\ lTl'>; Gt::H:'-Jl F,~t:'ptl,.'n') --~ EXCEPTIO'S fRO,! CO\'ER.\GE ThIS pc,he:-Jl~S nOI Insurt: .If'.Jln,: I, ''''> ..:,'-j.Jrr~t' I and the C ..lrrtpJ.fl\. \\ ',i nC'l p,)~ cum. a...110mc;:.s. ft:'es .::.r c\.-pertie51 "' t'h:h ).n:;e r.\ re.t>'"''l :of I TJ...'\t"l> 0r a""cssrr'lC''''1P:; \\ h!,::h Yt' ~!, ,r ~h_ \\ '1 ,j'-e\l ... .,~'f :le .... ~ b\ Ihe rrC0Tds l·f an .. U\'lT'g Juth,-m:\ thai k'l. ICS l.l.\.e<i ,'r J5:;essrrx-nI5 ,In re.1I pr~"';x.:·h l,T h. :~'c r>ut>!,.:: rC(c'Tjs Pr .. x:~J.\'1g:s. t~\ J pul"'llc a~t:'~K\ '0\ HI.::h ';,3., rc:..,h 'T' t~,,~ ... 'r J.S:.C'>Slnt,'TIIS .... -.r th.."KC5 ~,t su;;h pt.::-.:crdmg.~ \Io.hethc:-,-,r Tl;,,1{ sl,(l\\'fl P: Ihc TC ... lrJ.s, .. ~f ~u.:h .J~cn..:: ~\l 1:"1: th", ruh ... ·c .... Ot.is : ~'11) fJ.e!!> nght:. mtc't:'':>b ... • ':,,JW' \\ h,\,., ..11 t' 1) 'i .... h" ... .,f\ '\:1) {ht:' rut-Ii.: rceQ! ds r.ut \\ hich c\.'ulj be .1S1;:C''i.:lincd h ..l.Tl Jll5pectll,n !...It'the I.mj (If 1:> .. "~.J.llng tnqt..n \. L'f ~)Cl'),I..''1:; m Oo..'':>'>es..:.j, 'n t~c.:H~c,f Eascmcnt~ hens or C'llcumhran(..cs {'f ... blf'ffi lhcrC'0f \\ hlCh al"C' nor sh<,'"l .... -n~::-I~ pubhc: rec(\rds -4 IhscrcpanclCS confhcts m noundar) ImC'''' 'ioortage m area.. CTlCf('l3ChmenLS (\f' any other fact.S ~hll:h a Cl,..lITf'\..i. sun.~ ,,"ouk! disclose and \\ hl.:h are n.. .... , shc·wn b\ the put,;hc recl..lrds 5, (al llT'1patCTlterl mmmg chums (t\) 1"C'Se1'JI1CIOS ,-,t nCep!'K'ns; In patenls ('or m .!\cts. authof1 .. zmg the Issuan..:e t~et.f te) v."3.ter nght.s cia.m'lS (!ftnk I ... "3tCT \\.hC'thrr N T'Il.l!. them.tttC'l"'S exceptt:'d undc:r (.1). (b, or-Ie) a.rC' s.oov.n t>:--the pupil.:-leL,'rd, ALT -\ EXPA:-'DED COYER-\GE RESIDE:'IiTIAL LOA. .... POLICY (10113;01 I EXCU'SIO:-;S FRO'I COYER~GE Th-,: ~.:Jl:,,\ \r,~ nx..tLtr: ~~, ~'.r'c::.?l:. r' d",,;.:.j f~: "T'i tl-.: ':': • .:..-;:.:;': (" f[1-'_-r'~': ~ .. :''',j t;'~ (':'IT';:''-~ ,; lil ,<,T r:., 1:.::::;-,~-J.1r:-o.,fe. "~3\5 2'1..:"'~,'$ (:!"5. .:'1 t:' r~'S!S ,~,,~ll a'-I""! f, .. L;:.i.O -~I (" ':II .\r,:~ b'·,. c-jiii:.n:c n g:'\~~i1' :nr..:! r~=u\::' ,:rJ (,-.:L:·f1f t'-lt T",: 1 hIT'\!~j r:. 1: ..i'li i g ~ .. 3 z,:n ,-~ '':~\3 (;rdl"-.jf,CC5. 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Hi ,1.,:: I-'~,(..hc ~!:C<r':'; _~ D.:;.rc «(Pe1 c._ Tl-'I~; !:'\.c1:...: :''-1 d::3 ~ct fli"("t [1',: C"-:'. ~.;: ~ .• '':~j ur,':cr Cc .ercj P1.:,-l:3-12 1:: 1..1. :.,-;j 16 Oftn.,s F .:L::, -- (b) '-\,il:. f7. erTH"::er;I ... T 1=':~1:,:~ t·::.\:r r,ct l!''\.:lu.i:j b .• (.J.I :.t;.)\!!. ~,..:-et:1 to tr: e', I.crlT tf";.:;· 3 rc '.::: 0frl'=-e~,erc,::: lr:re,;f cr '2 n:,!':~ (,f:l d"!'ft;;;l, fr.:n (1" er ;")""; .. "~.:~ rc:uir ",; tTl.. m:1 \ ::,:::C :'1 C _l;~b,J n:.1.:<1;.:"1 ::;ffe,:T''''o~ th: Lmj t<=---~ (1:!7l fC:,~""J!.j ]~I fh: PUr.j1: F:.;,:o;-,.:3:,' D:.tl! (fP.,:-,ltc., Thl':' c\.cfus-')'r. W\.:'!:-Hi li"'l'ilt th: .e':<'.Cf.:..,ge FO\ d:j "'fIGer Cc.-•. ccd P..1.S~:S 1:'" I~. 14. 3!Jd 1',' ,AlllI; Pc-1:C) :! P.1.;hl.5 ofemlnzrtT ccmJin tJnk;-s fj~)tlCI! Dfth.: ':'.crcise 1.1,cr~(,fh:::3 b:en (':~('Ided;n the PublIc P..ccon:li:it D:1!r CfPD'i;:: •• r:.lt fl0t c:-.cl1<dmg fr(lIT! C('\l:t~t:.c .... T'l)' w.mg 1.'. hrch h:.3 i".,c;::Jnl.':d piClrl0 D;}lc • .=,fPoT:c-, ',\ 'J.'1C~1 \\(>u1j r...: r:rrcLtlc (D th: l':::.h5 (If..:!. p>.rfCI1.:::..ECl fc:, \:Jur: \'.]11 L 'Jt Me>\'. kJi::c 3 IX:fe':-!5~ JiC'lS. t'llcunbnnccs ;JJ_~ ersc-cb'~ (!" (o!-r-.er 1T'.J.tters. - (3\ creJ.ted. suffered_ :l5~LJ-ned c·, ::t~ecj:J to'. th::-fn5L.!rej C\:nTi'.J.r'f. (1:) r)t Kr )','11 T) rtr: C-'r;-;;:.r,y n:: r~;,:-d!d lfi \ be PUt;;lC P'!!C:,1'~~ :':1 D:.te (ffrc Il.::, t--.J.' h."'.;)\,...., f~, the hJ.3l...t.re.:l CJ:'):"i"' .. ::r," ~"'.d r,,:t ds,:!:.:.,d )rl \H :;\'& Te, ,'-., C.::r;::r<, b .. t~: fI"''...i.Tt'.:t Cl: lr-l.:.r,ll=;-l:, L' If"'.,; date tl1e Insured ClJlmant bec:)'rnt: an Jnsu"'eJ under th15 p.;:;lJcy, (c) resultmg Irr no loss (If damJge to the Insun:d C.11TT'..ml. (d) ;''''f~,:n'-& cr cT'c:&ted sw.lse,::u::-l'1t ".! D~.:-«iFc.f..::.) ITn'S 1='::;1':';1' ... ;r, ::.:-:; r:' 1 n~'! llJ: cco', cr":"iC F~O' idej ~l"d.:r ee. crd Rl,~'::; Sib, J Fl':' ::,) :1. 2:! 23 ::~. '2~ ~T' j ::r ~. ,:~ 1'1:) rC"""t'r),?';, 1:5:. (i .±J~c "l.. '':)..' .,\.~ .l1j ri:o I-:~,: t~er. 3 ... :~:..''''::d' Tf~J...:!, ircS))-ej Cl:''i''Z,1 r-=-j r.:i.1j T,:JL'C f)i yr.:! l-s...;.;d \.r:.'fP_';~ .; L'~C''lf''ic~r;: T.' '~'''''lr.~ I ell ,:',ltr'! fT·,_~_''''d \y-,n;:.;~ be:::~::: ,Jt,e ",,3:-' 0:' (r f:j '_TI!: 1... f 11-.: li.o r~j.J~ D;:,:, cfP..:!i::::. C' tr--c '''-1'::'' ',' c, ( .... :_ -! .: f .. ,r -' ,~. :~C~_e-I c .,r.::, ,-'"1'"":: ,r jd'C':-l:-S.::. 1,:, c: rnr1y .-;, .if, :1:='P I'CJ t'e c..: ,,.. f 1~ _.~, '1("S3: b.~;.. ..: 11 h~' "-:;::!.~-: r, '.\. I., cr-. !h-: L:.rd LE :5 ': 1,I:,"cj lJ1\;J1:.:hty (,I UT'lC1l('C!..Il:-l11') I.,f Iht: h~r: (" rJh<; Ins~'rcd \h:.rtt!'-f!~. I..'r d~'m Iht"t"C0t. \.\ 11Ch :L">t.:Z-('llt c.flr.c !""J.tls..l::-ti,x, e. dcnccd t:: thi:' lnsu",d \1c·r:p_g.c :1-'j 15 r.:15d uiX'" usur: ,,'ccr~.u pTe,,> \,j.;:J 1'1 C"":'\c--d R15\... 2'7, I."''' 3.:'\ cc,r'5urrtr C'"d11 rr, ~!C'tl.::'rr i)f tr:J11-, ,.., !::sdr"g b\.\ Rca1 P"'":Pf"'1) t::L'l..C~ ..... , .. J.iSCS5 r1C"ts L:'f ::'T'l~, g:" r-'''''e .. ~~1 :l:..'~ .,.... •. \ \\ k c1--bt-:~rx::. \1~ (,"1 tl-<" L:md 5!..rsq.;e-t"'0 D':'\t: .~,fP: 11.::: n~:: 'C'\:l o~':'" cb-:s ~.:,. \'''"'11 ' lhc,;:, \ '!:"'" J~~ rr,: . 'j::~ ,r .:1:-c: .,;--cd RISks 7. F;le) and :b \""') ~b:..., i:'f W\ J1'.:!lr} J.r'erJ·:--r.:-e31:,T~) .-'r 1.1.:-1., -"t:1r1':T'!) \:-'t'l)e 1).;-, i)"!~C InS:J.-ej '1(,rlg..tgt' as f,:o. ..i.5. In.:e-. Cor rl<.."'I.jific.1:I·:-'-'S T""'.adtt uo:rr t~c: h3 ... rcJ ~.J.5 Kr.,: .... t~df.t: 1"J.~ ~t'C' .est';':'t: .:;~: .... 1' 'T) S,he3..l!e-. ..\ is. n..:· t..:"'':feT" the c'", ncr \.~ftJ.l'! cs:t<.ltc 0' merest Ct:' cr!!d b\ thiS 1-'1(1!1c\ Tl-;15 C\.C1US1"::'1 does net hm1l1he Cl"'\t""agc pr;)\1ded 11'" Cc·\ered RIsk ~ La,,;\... 0'f'T'_~n:\. .: ftl1e 1]1."1 c,(\t)c lJ'1s!..I.rd "~·I'"!t-afC.J.5 t"l C;J;h .J.nd e\ er) ;:h:h~m.;c made Jncr Date o:\fPl:'1l.:·: .:1nd 3:l mlt'rCSI cha'"f.ed lhe""t:'::'r, ('I\e"" lttrl<, er-)C' .. 11\~T"':t:'S J.nd :,tbe-r rt'Cr1cr~ 'J1~e:ctinf the lltte. the e\.lstmcC' of\l.h,ch art' hn0\\n tc-, the' Jns~lej 3,1- La) The mne of the ad\3nCe M ft.) T1;c t'me J. 'l'TK">d.lfi:JIlcn 1<; ··".:de T:-"i,-e l~ l r;~e' IT'is...t' d \L·rtg..;.gc \\ hie" CkJf)ges {'Ie-nte ,::,f m!~l :~arged. ,rt~c fJte d~ htt"Tcs1 .~ grcdlcr.:!S J re'S ill ~,ft~ m,'U f. .. J.lu .. 'n J~u"', n '" ~,-,)j hJ. .. ::: t.cen t'C'f':-Tt:'"1~t"m ... ""0'fi;:-3T\0f> Thl'<' C\.:L..l51 ..... Jv-:\ n":'ll'''!'lt l~e l ... ,\(,rage pr:H:h:j In Cc\.erej R\~~ S T'-1c:: f;)jiure '.)f'h" re:.iJenliJI structure. Q' ;m\ p.:.r:. '.'Tl lheJ'cAt(, t.,}\!.,:, l-occn ':0ns:ructed bct; .... rc 0n 0T ).ficr D.uc: ofPC11icy U' a::C0TdaT):;;C' \\111, aprh:.ab1c-bUlldmg c~,jt" Th.:. t\,c!us1':.n d .... e" ny :lrri;' h_ ,i)lau')ns :fh.:·ldmg '::;",:k5 If "'~!I;:;e .:,f~"'c ,IC,I..lti:T' :!~.1rs 'r the Pl .. .l.,;,c Re,:~"'.:!s 31 D3te of Pc,k:-:. .. ' " , .j," I 'C! ~~*';,;~---- . : .. ~ . '.~:: ~. ,:' I I ' .·1 .' i I i / I I I , , j ' / . :~. ! " 9 <..0 SOl ~ i:;j i I b Z ~. ~!3 I/)U -lZ w< uz ~iS 0.0:: .0 ZC) :,:z 0- :I: 9 1/)-<:J I-al <0:: 0 0 wZ :I: 0 I-u; ~~ ;.-0 ual <:J 0::1/) :J-l u< uU <0 w-l :I::I: I-!::: 0:::': 0;.-u....J all. w~ ~o :JU I/) ~ !!l ~ -0 ~ ~ ~ ~ ~ I ! ·1 I