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CDP 2020-0050; GLYNN ADU; Coastal Development Permit (CDP)
(atyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division NC 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit 00 Minor D Conditional Use Pennit 0 Minor O Extension D Day Care (Large) D EnvironmentaJ Impact Assessment D Habitat Management Pennit D Minor 0 Hillside Development Permit 0Minor D Nonconforming Construction Pennit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan 0Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0Minor (FOR DEPT. USE ONLY) Legislative Permits ~VP-2020 ·0050 D General Plan ~endment i i D Local Coastal P.-ogram Amendment ! D Master Plan D Specific Plan D Zone Change ii □Amendment □Amendment D Zone Code Ame~dment I South Carlsbad Coastal Review Area Permits D Review Permit ! D Administrative IT] Minor D Major l Village Review Area 'pem,;ts D Review Permit ' ! D Administrative [J Minor D Major ; (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTIIEN-r. PLEASE CONTACT THE APPOINTIIENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO{S): LOCATION OF PROJECT: NAME OF PROJECT: ➔ BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS} FOR CITY USE ONL V Development No. Df.V2.02.0 ~oi 15 P-1 ~SAME DAY APPOINTMENTS ARE NOT AVAILABLE (STREET ADDRESS) G-t..y;vN !<es; oe.-vce ESTIMATED COMPLETION DA TE Lead Case No. CPP2020 ... oo So Page 1 of 6 Revised 03/17 r" ~ OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME CJ:ial. lc;, l t-~r/iMk 6;,AftJ INDIVIDUAL NAME CHAA.leic./4niJWJe flf-;,A>;J (if applicable): (if applicable): COMPANY NAME COMPANY NAME (if applicable): t:J.)A (if applicable): N/_!l_ MAILING ADDRESS: J<IJ j; i)~ MAILING ADDRESS: ~l i ~..,, t Dr CITY, STATE, ZIP: c:f.if-1, "cA, =z,,d'. CITY, STATE. ZIP: C.NY.f..i&A, a1 ~a TELEPHONE: 2,c-f63-8fJu TELEPHONE: 7"~ -{j'c) J ·-.?i.,JD • EMAIL ADDRESS: Ct6-c1JL. Vl-e6&,L:CM EMAIL ADDRESS: C €.6:-CA '-2.j ~ ~>tAt.l.11. CtLJ. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ~ PURPOSES OF THIS APPLICATION. ~ {}/.t__l~ LL-lO-lo'].tJ #-~ SIGNATURE--. ---DATE SIGNATURE A APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND ~?~D ~IND ANJ,P.y SU~CES~~JNTEREST. C ._.,--//-/rrtoZ..6 PROERTYERSiGNAiuRE. FOR CITY USE ONLY NOV 2 5 ?020 ._Plannmg uivision_ DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page2of6 Revised 03/17 {cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Charles & Rosanne Glynn Corp/Part'-n_a __________ _ Title Married couple as owners Title _____________ _ Address 3934 syme dr Carlsbad CA 92008 Address ------------ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Charles & Rosanne Glynn Title Married couple as owners Address 3934 Syme drive Carlsbad CA 92008 Corp/Part __ n_a __________ _ Title -------------- Address ------------- Page 1 of2 Revised 07/10 3. NON.PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit: organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust NA Non ProfiVTrust na ·--------- Title___________ Title ____________ _ Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes I ✓! No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. (31tAi/P[, Ragwk GlpJJ Print or type name of owner Print or type name of appli Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2of 2 Revised 07/10 -----------.... ---------·:),-------- (Cifyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Glynn Residence APPLICANT NAME: Charles & Rosanne Glynn Development Servi, Planning Division · · 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also indude any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ···------ P-1(B) Page 1 of 1 Revised 07/10 P-1 (B) Project Description attachment Project name is Glynn Residence located at 3934 Syme drive , Carlsbad CA 92008. The application request is to convert an existing 600 sf, granny flat that was permitted and constructed in 1988 to an ADU. The extent of work is to convert an existing laundry area to a full kitchen, using existing utilities in place. There will be no site work performed either grading or landscaping, everything is existing. The existing granny flat building design conforms to the property, matching the main house in design, construction materials and color. (cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C} Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Iii The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Charles & Rosanne Glynn Address: 3934 Syme Drive Carlsbad CA 92008 Phone Number: 760-803-8830 PROPERTY OWNER Name: Charles & Rosanne Glynn Address: 3934 Syme Drive Carlsbad CA 92008 Phone Number: 760-803-8830 Address of Site: 3934 Syme Drive Carlsbad CA 92008 Local Agency (City and County):,_c_a_r_ls_b_a_d_C_A ________________ _ Assessor's book, page, and parcel number:_A_P_N_2_0_6_-2_6_2_-_3_0_-_o_o __________ _ Specify list(s): TR1681TCT242 page 2351 Regulatory Identification Number:_P_e_r_d_o_c_8_6_1_8_4_8_0_2 ______________ _ Date of List: _____________________________ _ Applicant Signatuiate The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk {916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites {"Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page2of2 Revised 02/13 (cityof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENT AL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act {CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 11-8-2020 (To be completed by City) Application Number(s): _________________________ _ General Information 1_ Name of project Glynn Residence ADU application ( Existing Construction) 2. Name of developer or project sponsor: Charles & Rosanne Glynn Address: 3934 Syme Drive City, State, Zip Code: Carlsbad Ca 92008 Phone Number: 760-803-8830 3. Name of person to be contacted concerning this project: _C_h_a_r_le_s_G_l_y_n_n ______ _ Address: 3934 Syme Drive City, State, Zip Code: _c_a_r_ls_b_a_d_C_A ________________ _ Phone Number. 760-803-8830 4. Address of Project: _3_9_3_4_S_y_m_e_D_ri_v_e ________________ _ Assessor's Parcel Number: APN 206-262-30-00 ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: none 6. Existing General Plan Land Use Designation: _______________ _ 7. Existing zoning district: ______________________ _ 8. Existing land use(s): _______________________ _ 9. Proposed use of site (Project for which this fonn is filed): ____________ _ Existing -Same Project Description 10. Site size: _1_3_,0_0_0_s_f ______________________ _ 11. 12: 13. 14. P-1(0) Proposed Building square footage: _6_o_o_s_f_E_x_i_s_ti_n_g _____________ _ Number of floors of construction: single story existing -------------------- Amount of off-street parking provided: _N_A _________________ _ Associated projects: _N_A ______________________ _ Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ convert one existing 600 sf granny flat to and ADU 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ na 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ na 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project ________ _ na 19. If the project invotves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ____________________ _ na existing P-1(0) Page3of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural. historicaJ or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height. frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. ',<~!l_J/ Signature: ______ '.d:A._c.....o ........ --=~---------Date: For: P-1(0) Page4of4 Revised 07/10 t (cicyof Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40' .) I. GENERAL BACKGROUND· A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development The primary basis for determining cost of development will be the application of dollar costs per square foot for d~rent types of residential construction. These costs are set by the International Conference of Building Officials (ICBO} and are applied throughout San Diego County. Please complete the following information to assist in the determination of tt:#"project's cost of development (Contractqr proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ =!> ⇒ ⇒ ⇒ New Residential Square Footage: NIB. b/.5.l)~ square feet x $ /sq. ft.=$ Residential Addition Square Footage: JJ{/:l // square feet x $ /sq. ft=$ > Any Garage Square Footage: tda. " square feet x $ /sq. ft=$ Residential Conversion Square Footage: J.)}J? v 6t; 0 square feet x $ /sq. ft.=$ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $._·--'/sq.ft.= $. ____ 7_,,,, _____ _ COST OF DEVELOPMENT ESTIMATE: $. ______ Q.;__--;t.~~Oo<.io(J'--'d..___ ./ ,......-, ,~,:-•..,.~•-._ /f"=D· ½' (,n ~ >.\ ' ·' ,,, r.:. l 1-i-~ .... """" , .... c)'f B. Do ycniwish to apply for. NOV ~ 5 2020 cr,Y 0,-0/\,<L~,[Jf.\D PLANi,.j1,'-K:i [Jl\/!S'i~ .·, 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)@' 2. A Coastal Development Permit ($60,000 or more cost estimate) 0 C. Street address of proposed development 3'13 'I S v i'J e, p ~ # Ce,r IS [J,41) ., CA q 2.f;JQf> P-6 Page 1 of7 Revised 08/19 D. Assessor's Parcel Number of proposed development 2.. o 0 ~· 2.G -i. -Jo --o O E. Development Description: Briefly describe project: LeG-AI J)di:::fi P fl o.J :m [~fl Tc.T2Lf2.. PGZJ>-J Pa(:: Doc.Rt. /~o/eo2.. 1,J. Lqr I f'lttP li'-f,Y:J r/,/ CoNVWT M ~J<1srnJi, PesA,cHeJ) 6r&JN7,Eter To ft,.) 0Dv F. Describe the present land uses {i.e. vac~mt land. single family homes, apartments, offices, etc.) that surround the proposed development to the: North: 5',Jt-;-le &n,iv WoM e , South: ---------------------------- East: ----------------------------1, 1-· West: ___________________________ _ G. Is project located within a 100-year flood plain? 0Yes lk)No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ~ Yes D No If yes, please describe. 2..2 ~ f 5 F SiJJ6-{e fflt'J t Ljt f/fJ,'1 ,::; -Y('.O s r Pe.,,KHeLJ GArtt6:e B. Will any existing structure be removed/demolished? 0 Yes EJ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing ProQosed Total Building Coverage :32.. "3J-sq. ft. 0 sq. ft. -3:t. 3.S-sq. ft. 2.. '-J Landscaped Area bl 32. sq. ft. () sq. ft. (;132.. sq. ft. 'i' Hardscape Area 38f.fS-sq. ft. 0 sq. ft. 3i'41.S-sq. ft. 30 Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-6 Page2 of? Revised 08/19 % % % % ' \ Ir P-6 B. Parking: · Number of existing spaces t; Number of new spaces proposed _ __..O..__ ___ _ Existing/Proposed TOT AL: t, Number of total spaces required NA uJ1rfN,J ?i rule aP /4)Cic }17¾/Ct,S/€FTJtli. Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? D Yes @No If yes, please complete the following: OYes#_ONo OYes# __ ONo 1. Amount of cut ___________________ cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page3of7 Revised 08/19 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE 0 CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 n {Cityof Carlsbad In July 2020, the City of Carlsbad adopted an amended aimate Action Plan (CAP} that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG} emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Oimate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEOA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the Ctty of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. NOV 2 5 2020 ~ -.,... ,-, : 'I-,;,.--'.', • _,. •• ,., ..... _. _.,, .J ;__,-• ._: •• P-30 Page1 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. STEP 1 Land Use Consistency Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project ronsistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. Fort he second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the dimate Action Plan If "No", proceed to Question 8. B. The CAP established a screening threshold of 900 MTCChe/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: SO dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Groceyy Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCChe/year screening threshold. If "VIS', proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CECA Applicant must prepare a Self-<leveloped GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with california Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Application Information Contact Email: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ __________ _ Construction Type j Complete Section(s) j Notes: D Residential ~ Alterations: □ BPV ~ $60,000 □ BPV 2: $60,000 D Electrical service panel upgrade □ BPV 2: $200,000 D New construction D Alterations: P-30 lA lA and 4A 4A 1Aand4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions ~ 1B,S 1,000 square feet □ BPV <!: $1,000,000 18, 2B and 5 Building alterations of<!: 75% existing gross floor area □ <!: 2,000 sq. ft. new roof addition 2B and 5 18 also applies if BPV ~ $200,000 CAP Ordinance Compliance Checklist !tern Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as necessarv. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code {CALGreen) for more information when completing this section. A. 0 Residential addition or alteration?: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing J2i Attic insulation □Cool roof □ 1978 and later Select one: □ lighting package □ Water heating package !Sl'1 Between 1978 and 1990 □ 1991 and later B. 0 Nonresidential* new construction or alterations?: $200,000 building pennit valuation, or additions?: 1,000 square feet See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.1 0 Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with california Energy Code Section 1405, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.1.** □ On-site renewable energy AS.2113** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators AS.213.1 □ Steel framin P-30 Page 4 of 7 0 N/A _________ _ □ Exception: Home energy score 2: 7 ( attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing Select one: □Cool roof 0 Lighting package □ Water heating package 0 N/A _________ _ □ N/A 0 N/A □ N/A □ N/A 0 N/A □ N/A Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist 0 N/A * lndudes hotels/motels and high-rise residential buildings ° For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. 0 Residential new ronstruction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx572) / 1,000 t (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception P-u-r:;r!tlf C ~ Jlc,c.l)J ---D D D D kWdc B. D Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~75% existing floor area, or addition that inaeases roof area by ~,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: D Gross Floor Area (GFA) Method GFA: 0 If< 10,000s.f. Enter: 5 kW de Min. System Size: ___ kWdc 0 If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □lime-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc *** Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. ~ Residential and hotel/motel new construction Please refer to carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors ,® Exception: M§.7tiJt-~ffi~ tH D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery D Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: 4. Electric Vehide Charging A. 0 Residential New constr-uction and major alterations* D Recovered energy Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: ., 4 D One EVSE ready parking space required )J'Exception : P/4J;J/t"' ~df.,.c/[}~ D Multi-family residential: D Exception : Total Parking Spaces EVSE Spaces Proposed capable I Ready I Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE Installed {EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of7 I I Installed I Total I Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation l? $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ~ $200,000, interior fini.shes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. 0 Nonresidential new construction (includes hotels/motels) D Exception · Total Parking Spaces EVSESpaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total SO percent of Required EV Spaces 5. I I Transportation Demand Management (TOM} A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehicle traffic to vehicle LO5-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of cartsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 07/20 Cifyof isbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs} into the project design per Carlsbad BMP Design Manual (BMP Manual}. To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits}. The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you , this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROUECT INFORM\6.lilON PROJECT NAME: PROJECT ID: ADDRESS: APN: The project is (check one}: D New Development The total proposed disturbed area is: __ L> __ ft2 ( Q ) acres ... I .NO The total proposed newly created and/or replaced impervious area is: ___ D'--_ ft2 ( Q ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID _________________ SWQMP #: _________________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. 'r··.. • i ,, II""\ .I~ .... ' ___) ----- E-34 " -~ ..... -· Page 1 of 4 REV 02/16 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. I• STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 smEPJ3:i m B'E Cll>:MPl!.El!E.f!J IH!>Bl.AU filEW C!l Rl:l!>:EV,EIL(!)J?MENm PRmUECl!S To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on anv natural slope that is twentv-five percent or Qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adiacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' ... " and comolete aoolicant information. E-34 Page 3 of 4 REV 04/17 SliEP41 TO BE COMPt.E:fED FOR REl!JEViEl.OPMENiT PRO:JECliS 'Fff~li ARE PRIORliN l!JEVEh.OPMENli PRO:JECTS tPDP) ONILY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq . ft. □ □ Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. Ii SiTEP 5 I CMECK liFtE AP.PROPRIAliE BO!X AND C:OMPLEliE APPILICAN"F INFORMATION1 D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Fonn E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Applicant Title: Applicant Signature: Date: * Environmentally Sensitive Areas include but are not hm1ted to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 • T'ICOR TITL,E™ 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00738672-016-CC1 Ticor Title Company of California 57 40 Fleet Street, Suite 130 Carlsbad, CA 92008 ATTN: Jen Foster Email: jen.foster@ticortitle.com Escrow/Customer Phone: (760) 602-9442 Title Officer: Candy Church Title Officer Phone: (619) 260-5281 Title Officer Fax: (619) 692-9465 Title Officer Email: candy.church@ticortitle.com PROPERTY: 3934 Syme Drive, Carlsbad, CA 92008 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Umitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Umitations on Covered Risks applicable to the CL TA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umit of Liability for certain coverages are also set forth in Attachment One. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Authorized Signature CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) ,~) 4•~ If~~ I .: ---'- ~--,-.......... ·--J ... --·-· Xi1m,,"11' ~ Page 1 Order No.: 00738672-016-1JF-CC1 C • TICOR TITLE,., PRELIMINARY REPORT EFFECTIVE DATE: August 31, 2020 at 7:30 a.m. ORDER NO.: 00738672-016-CC1 The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Loan Policy (6-17-06} ,...,,, ......,,, 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Charles T. Glynn and Rosanne Glynn, husband and wife as joint tenants 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page2 Order No.: 00738672-016-1JF-CC1 PRELIMINARY REPORT YOUR REFERENCE: C Ticor Title Company of California EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: That portion of Tract 242 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, as shown on Map no. 1681, filed in the Office of the County recorder of San Diego County, December 9, 1915, bounded by a line described as follows: Commencing at a point of intersection of the centerlines of Tamarack Avenue and Highland Street; thence South 61°21'10" West, a distance of 268.42 feet to a point, said point being on the centertine of Tamarack Avenue; thence South 28°40'13" East, a distance of 282.36 feet to the Point of Beginning; thence South 28°40'13" East, a distance of 163.95 feet to a point; thence South 61 °20'43" West, a. distance of 72.80 feet to a point; thence North 28°40'13n West, a distance of 71.45 feet to a point; thence South 61°20•43• West, a distance of 3.00 feet to a point; thence North 28°40'13• West, a distance of TT.50 feet to a point; thence South 61°20'50" West. a distance of 76.05 feet to a point on the arc of whose center is North 78°32'03" East a radial distance of 43.50 feet from said last point; thence North on an arc through an angle of 20°01'00" and a length of 15.20 feet to a point on said arc; thence North 61°20•50• East, a distance of 66.15 feet to a point; thence North 61°20'43" East a distance of 83.80 feet to the Point of Beginning. Said land is pursuant to Certificate of Compliance recorded May 9, 1986 as Instrument No. 86-184802, of Official Records of San Diego County. APN: 206-262-30-00 CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) Page3 Order No.: 00738672-016-1JF-CC1 PRELIMINARY REPORT YOUR REFERENCE: C TICOr Title Company of California EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy 4. Covenants, conditions, or restrictions, if any, appearing in the Public Records; however, this policy insures against loss or damage arising from: (a) the violation of those covenants, conditions, or restrictions on or prior to Date of Policy; (b) a forfeiture or reversion of Title from a future violation of those covenants, conditions, or restrictions, including those relating to environmental protection; and (c) provisions in those covenants, conditions, or restrictions, including those relating to environmental protection, under which the lien of the Insured Mortgage can be extinguished, subordinated, or impaired. As used in paragraph 2(a), the words •covenants, conditions, or restrictions• do not refer to or include any covenant, condition, or restriction (a) relating to obligations of any type to perform maintenance, repair or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not referenced in an addendum attached to this policy. 5. Any easements or servitudes appearing in the Public Records; however, this policy insures against loss or damage arising from (a) the encroachment, at Date of Policy, of the improvements on any easement, and (b) any interference with or damage to existing improvements, including lawns, shrubbery, and trees, resulting from the use of the easements for the purposes granted or reserved. 6. Any lease, grant, exception, or reservation of minerals or mineral rights or other subsurface substances appearing in the Public Records; however, this policy insures against loss or damage arising from (a) any effect on or impairment of the use of the Land for residential one-to-four family dwelling purposes by reason of such lease, grant, exception or reservation of minerals or mineral rights or other subsurface substances, and (b) any damage to existing improvements, including lawns, shrubbery, and trees, resulting from the future exercise of any right to use the surface of the Land for the extraction or development of the minerals or mineral rights or other subsurface substances so leased, granted, excepted, or reserved. Nothing herein shall insure against loss or damage resulting from contamination, explosion, fire, fracturing, vibration, earthquake or subsidence. CL TA Preliminary litte Report IPrelm (OSI Rev. 8/15/16) Page4 Order No.: 00738672-016-1JF-CC1 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Title Company of California 7. Matters contained in that certain document Entitled: Recording Date: Recording No.: Agreement to Pay Fees for Facilities and Improvements as Required by Growth Management System September 30, 1986 86-436355, of Official Records Reference is hereby made to said document for full particulars 8. A homestead declaration Executed By: Dated: Recording Date: Recording No.: Chartes T. Glynn and Rosanne Glynn January 7, 2011 March 21, 2011 2011-0147866, of Official Records 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $438,000.00 May 1, 2020 Charles T. Glynn and Rosanne Glynn, husband and wife as joint tenants REFS, Inc., a California Corporation San Diego County Credit Union 92077 May 11, 2020 2020-0238646, of Official Records 10. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $250,000.00 May 1, 2020 Charles T. Glynn and Rosanne Glynn, husband and wife as joint tenants REFS, Inc., a California Corporation San Diego County Credit Union 92082 May 11, 2020 2020-023864 7, of Official Records The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. Under California Civil Code Section 2943.1 it is a requirement that the Trustor/Grantor of said Deed of Trust either immediately provide the beneficiary with the "Borrower's instruction to Suspend and Close Equity Line of Credit" or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. If the above credit line is being paid off, this Company will require that Escrow obtain written confirmation from the current Beneficiary that the account has been frozen prior to recording. Failure to do so will result in this Company holding funds at the close of Escrow until such confirmation is obtained from the Beneficiary. CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) Page5 Order No.: 00738672-016-1JF-CC1 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Title Company of California 11. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) END OF EXCEPTIONS Page6 Order No.: 00738672-016-1JF-CC1 PRELIMINARY REPORT YOUR REFERENCE: C Ticor Title Company of California REQUIREMENTS SECTION 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. The Company will require an affidavit signed by the seller/mortgagor certifying that there are no matters that could give rise to any defects, liens, encumbrances, adverse claims or other matters that would attach to the Land between the effective date of the report and the recording of the instruments creating the estate to be insured. CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) END OF REQUIREMENTS Page7 Order No.: 00738672-016-1JF-CC1 PREUMtNARY REPORT YOUR REFERENCE: C INFORMATIONAL NOTES SECTION Ticor Title Company of California 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd installment: Exemption: Code Area: 206-262-30-00 2019-2020 $1,015.32 $1,015.32 $7,000.00 09000 2. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 3. Note: The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land a Single Family Residence known as 3934 Syme Drive, City of Car1sbad, CA, to an Extended Coverage Loan Policy. 4. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an AL TA Loan Policy, when issued. 5. NOTE: Ticor Title Company of California will pay Chicago Title Insurance Company 12% of the title premium, as disclosed on lines 1107 and 1108 of the HUD-1. 6. Note: The policy of title insurance will include an arbitration provision. The company of the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of relating to this policy. any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your title insurance coverage. 7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 8. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. Candy Church/980 CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) END OF INFORMATIONAL NOTES Page 1 Order No.: 00738672-016-1 JF-CC1 C ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LANO TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii} a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Polley, but created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured daimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning: c. landuse; d. improvements on the land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California land Title Association. C c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This ExclusiOn does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Trtle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE OUr Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii} the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b} not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason ot Attachment One -CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights resen,ed. The use of this Fonn is restricted to Cl TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under ftcense or express permission from the California land Title Association. C {PARTI {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a} Tmces or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b} does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not reoorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss OJ" damage, and the Company will not pay costs, attorneys· fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tdle that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under {a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ,,,..._ "" ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created. suffered. assumed, or agreed to by the Insured Claimant; {b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23. 24. 27 or28); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforoeability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceabilny or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, lire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One-CA (Rev. 05-06--16) Page 4 © California Land Title Association. AH rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. t:it.g n" -33 -· _.., 0' il :ir _.,. •• ;:_3· •'° -ci:' o• f~· !l.[ ~ff ;~ ~El.I -.. . -· ,, 0-00 •·a ... ., ~" .-~i '<"° a~ &J ?;o. a.; -1i ~[ i~ ~, i h 3•-;?f 3:g: .,, :,-'<-o ' o ~ ;t.1 ,:,11~ i&i~· ~ 35' ,11,,10 ~§a '<~ g-2. .~ ., ,. THIS~ '11"5 Jlq;t\11£D R:.cl ASSES9ENT l'Jlv.iS 01.'. 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