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HomeMy WebLinkAboutCDP 2023-0014; BAUSCH ROOM ADDITION; Coastal Development Permit (CDP)• Ccityof
Carlsbad ' LAND USE REVIEW
APPLICATION
p .. 1
Development Services
Planning Division
, 1635 Faraday Avenue
(442) 339-2610
MAR 2 7 "02r·carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit
0 Conditional Use Permit
D Minor D Extension
D Day Care (Large)
1K] Minor
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit Ix] Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
0 Special Use Permit
Ix] Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
~t>fioTb-ro~ D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
D Amendment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CALL 442-339-2600 TO MAKE AN
APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILA8LE
215-550-39
7259 MIMOSA DR. CARLSBAD, CA 92011
(STREET ADDRESS)
ROOM ADDITION
730 SQFT ROOM ADDITION
$350,000 ESTIMATED COMPLETION DATE 06/01 /23
Development No. L>t.\J t,01.,,°?)-DO~~ Lead Case No.
P-1 Paae 1 of6 Revised 3/22
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
(P
CYNTHIA BAUSCH
MAILING ADDRESS: 1598 M aritime Dr. --------------CI TY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-458-9396
EMAIL ADDRESS: cynthia.bausch@gmail.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLIC TION.
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
3/U:>/-Z.3
DATEV L), ·1,,,
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
APPLICANT N.Ai...,. (PLEASE PRINT)
INDIVIDUAL NAME
(If applicable): CYNTHIA BAUSCH
COMPANY NAME
(if applicable):
MAILING ADDRESS: 1598 Maritime Dr.
CITY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-458-9396 --------------EM A IL ADDRESS: cynthia.bausch@gmail.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
rw~ 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. INVE 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 PRO ERTY IF ~DITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSO NT 1. w
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of6 Revised 3/22
C cityof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
,J.635 Faraday Avenue MAR 2 7 ~Q2j (442) 339-2610
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 CynthiaBausch ~ Cv'.\vT6.\--a p~Corp/Part __________ _
Title Home Owner,s ~<A..U6uh Title ____________ _
Address 7259 Mimosa Dr 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 Cynthia Bausch * G'\V'l~tOQ~ff Corp/Part __________ _
Title Home Owners· '&lllJ6c;.Vl Title _____________ _
Address 7259 Mimosa Dr Address -------------
Page 1 of 2 Revised 3/22
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 Profit/Trust________ Non Profit/Trust _________ _
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 D No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and corre o the best of my knowledge.
~:=~:J4~
DAvtGh>ehv Tuµ,~ltl ~ G1r~l a_
Print or type name of owner ~~ (J..54'l Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 3122
Ccicyof
Carlsbad
PROJECT NAME:
PROJECT DESCRIPTION
P-1(8)
ROOM ADDITION
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
MAR 2 7 1 <'l?) www.carlsbadca.gov
APPLICANT NAME: ____ C~y_n_th_i_a_B_a_us_c_h _______________ _
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project consists of a 730 sqft room addition to the side yard of the property. The
project will be built in an existing flat grass area that will include two new bedrooms, and
one bathroom. It will also have a walking path around the side for access from the front
yard.
P-1(8) Page 1 of 1 Revised 3/22
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: 3 /2;7/t.-0 23, (To be completed by City)
Application Number(s): [;Q~'L023 -()o\4:
General Information
1.
2.
Name of project: ____ R_O_O_M_AD __ D_I_T_IO_N ______________ _
Name of developer or project sponsor: __ C_y~n_t_h_ia_B_a_us_c_h ___________ _
Address: ____ 1_5_9_8_M_a_n_·t_im_e_D_r_. _________________ _
City, State, Zip Code: __ C_a_r_ls_b_ad_,_C_A_9_2_0_I _I ______________ _
Phone Number: 760-458-9396
3. Name of person to be contacted concerning this project: Cy nthi a Bausch
Address: ____________________________ _
City, State, Zip Code: ________________________ _
Phone Number: __________________________ _
4. Address of Project: ___ 72_5_9_M_l M_O_S_A_D_R_. _C_A_RL_S_B_A_D_,'--C_A_9_2_0_1 l _____ _
Assessor's Parcel Number: __ 2_1_5_-5_5_0_-_3_9 ________________ _
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: __ R_-4 ______________ _
7. Existing zoning district: ___ R_-_l ____________________ _
8. Existing land use(s): SINGLE FAMILY DWELLI G
9. Proposed use of site (Project for which this form is filed): ____________ _
SINGLE FAMIL Y DWE LLING
Project Description
10. Site size: 0.219 ACRES
11. Proposed Building square footage: 730 SQFT
12: Number of floors of construction:
13. Amount of off-street parking provided: 4
14. Associated projects:
P-1(D) Page 2of4 Re111sed 3/22
15. If residential, include the number of units and schedule of unit sizes: _________ _
16.
17.
18.
19.
P-1(0 )
1 UNIT: 2,91 2 SQFT
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
If industrial, indicate type, estimated employment per shift, and loading facilities:
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
If the project involves a variance, conditional use or rezoning applications. state this and indicate
clearly why the application is required:
Page 3 of 4 Revised 3/22
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 D [xi
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D UQ
roads.
22. Change in pattern, scale or character of general area of project. D lxl
23. Significant amounts of solid waste or litter. D Ix]
24. Change in dust, ash, smoke, fumes or odors in vicinity. D !Kl
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D !Kl
27. Site on filled land or on slope of 10 percent or more. D IKl
28. Use of disposal of potentially hazardous materials, such as toxic substances, D !xi
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
□
□
[x]
[x]
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, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
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(]~edgw ~~
Date: 0~ luG ( i, J Signature: .,___ ~v---4k+--o+"<~-~~---~-....:.....=.-----
For:
P-1(D) Page 4 of 4 Revised 3/22
P-l(D.1) ENVIRONMENTAL SETTING
This property has an existing single family dwelling unit with a rear yard pool and deck area. The lot is a
flat lot constructed in 1987 with the surrounding track homes built at the same time period. This
property is located adjacent to a nature preserve, with a view from the second floor to that open area.
,.
The proposed project will be a 730sqft addition to the side yard in an existing open grass area on the lot.
The surrounding area is protected by a 6ft high wooden fence line. The addition will include an entry
from the front yard with a walking path.
Ccicyof
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appointment*.
Please call 442-339-2600 to make 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 JUtl O 1 2J23
A. Estimated Cost of Development: CITY o-= CA , ~;-"}LI 'l
Development costing $60,000 or more does not ijllafifylas·a MihdHCoastal 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 different 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 this project's cost of
development (Contractor 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:
______ square feet x $ ___ --'/sq. ft. = $ ________ _
⇒ Residential Addition Square Footage:
730 square feet x $ $80.82 /sq. ft. = $_....::$=5...::...9.z...::0....:.0..::..0 ____ _
⇒ Any Garage Square Footage:
______ square feet x $ ____ /sq. ft.=$ ________ _
⇒ Residential Conversion Square Footage:
______ 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.=$. __________ _
COST OF DEVELOPMENT ESTIMATE: $._-=$=5=9=0-=-00"---------
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) [R]
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of pr:oposed development
7259 M imosa Drive Carlsbad, CA 9201 1
P-6 Page 1 of7 Revised 3/22
D. Assessor's Parcel Number of proposed developmert
215-550-39
E. Development Description:
Briefly describe project: 730 sqft room addition for 2 bed, 1 bath
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that surround the proposed development to the:
North: SFD
South: SFD
East: ____ S_F_D _____________________ _
West: ____ N_a_tu_r_e_P_e_rs_e_rv_e __________________ _
G. Is project located within a 100-year flood plain? D Yes ~ No
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property? 0Yes D No
If yes, please describe. Existing Single Family Dwelling & Pool
B. WIii any existing structure be removed/demolished? D Yes ~ 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 1,480 sq. ft. 730 sq. ft. 2,210 sq. ft. 23
Landscaped Area 52200 sq. ft. 42513 sq. ft. 4)513 sq. ft. 47
Hardscape Area 3 000 sq. ft. 2,865 sq. ft. 2 865 sq. ft. ,a
Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft.
Page 2 of7 Revised 3/22
%
%
%
%
B. Parking: Number of existing spaces 4
Number of new spaces proposed _____ _
Existing/Proposed TOT AL: 4
Number of total spaces required __ 2_G_ar_a_._g __ e_d_
Number of covered spaces 2
Number of uncovered spaces ___ 2 ____ _
Number of standard spaces ___ 4 ____ _
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
D Yes # __ [i] No
OYes#_li]No
C. Grade Alteration:
Is any grading proposed? D Yes [8J No
If yes, please complete the following:
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 _______________ _
Page 3of7 Revised 3/22
' .
Chris/ Cindy Bausch
Phone: 7604589396
Job Address:
7259 Mimosa Dr.
Carlsbad, CA 92011
8UILDLEGAlY""
-CONTRACTING INC-
1349 Melrose Way • Visla, CA 92081 • Phone: 760-458-0464
Print Date: 5-22-2023
Proposal for Mimosa bedroom addition
~ Construction of 2 bedroom and 1 bathroom on East side of home 1st floor. Tie into existing structure and utilities.
-Owner to self perform all finishes 1rades.
-Owner to pay and provide all materials.
Items Description Qty/Unit Un~ Price Price
2100 -Footings and -Footings and slab on grade per plans , $14,250.00 $14,250.00
foundation -Epoxy dowels Into existing slab per plan
3210 -Framing labor Framing per plans
T/M estimated 2 days
1 $9,000.00 $9,000.00
Stucco • Stucco to match existing style of home 1 $11,000,00 $11,000.00
5100 • Drywall Drywall per schedule , $9,500.00 $9,500.00
381 O • Electrical-rough -4 outlets in each room 1 $4,200.00 $4,200.00
• Recess can light and 1 ceiling fan box per room
• GFCI per code
3720 • Plumbing-rough -Sewer line to bathroom
• Hot/ cold water lines
1 $4,250.00 $4,250.00
-Shower drain
-Vanity rough in
4150 -Roofing labor Roof to match existing style 1 $2,800.00 $2,800.00
3300 -Windows Install owner provided windows 1 $4,000.00 $4,000.00
Total Price: $59,000.00
Buyer acknowledges that he has read and knows the contents hereof, INCLUDING THE TERMS AND CONDITIONS ON THE REVERSE
SIDE and understands that no other representation by Buildlegacy Contracting, Inc, or its representatives, verbal or otherwise, other
than those contained herein, are binding upon the parties hereto. Buyer acknowledges that this document contains the entire contract
and that he has received a completely legible copy or this contract (pg. 1&2), copy of Notice to Owner and Notice or Cancellation (pg.
3). Buyer has signed Estimate to confirm scope of work.
Buyer has the right to require Seller to supply performance and payment bond. If requested, cost of said bond will be paid by Buyer.
SALESMAN NAME (Print) Jeremy Flxsen
You, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See
the attached Notice or Cancellation form for an explanation or this right.
This Contract Not Valid Until Signed By Seller's Officer and Copy Returned to Buyer.
Bulldlegacy Contracting, Inc, CA License# 826396
I confirm that my action here represents my electronic signature and is binding.
Signature:
Date:
Print Name:
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
JUt! 01 2J23
{'Cityof
Carlsbad
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified .emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).*
*City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act
projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section
15183.S(b). Please consult with the Planning Department for further guidance. Additional information
may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report.
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applications for new development projects that require discretionary review. The specific applicable
requirements outlined in the checklist shall be required as conditions of project approval for CAP
compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is
complementary to the checklist provided in Form 8-50, which is specific to building permits and required
for building permit applications.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 6/22
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 t he city to det ermine a
project's consistency with the land use assumptions used in the CAP. Project s found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above t he CAP screening threshold of 900 metric
tons of CO2 equivalent (MTCO2e) GHG will be subject to a project -specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
□
If "Yes', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the Crty of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCOie/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
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTCOie/year screening threshold.
If "Yes', proceed to~ of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with (alifornia 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 06/22
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.
Property
Address/APN:
Applicant Name/Co.:
Applicant Address:
Contact Phone:
7259 MIMOSA DRIVE/ 215-550-39
Cynthia Bausch
1598 Maritime Dr. Carlsbad. CA 9201 I
760-458-9396 Contact Email: cynthia.bausch@gmail.com
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.
K:l Alterations:
Kl BPV < $60,000
0 BPV ~ $60,000
D Electrical service panel upgrade
0 BPV ~ $200,000
□ New construction
D Alterations:
P-30
N/A
lA and 4A
4A
lA and 4A
Page 3 of 7
All residential alterations
1-2 family dwellings and townhouses with attached
garages only
Multi-family dwellings only where interior finishes are
removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
Revised 06/22
City of Carlsbad Climate Action Plan Consistency Checklist
D BPV 2! $200,000 or additions 2! 1B, 5 1,000 square feet
D BPV 2! $1,000,000 1B, 2B and 5 Building alterations of 2! 75% existing gross floor area
D 2! 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV 2! $200,000
Please refer to carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section.
A. D Residential addition or alteration i?: $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing □ Attic insulation □Cool roof
D 1978 and later Select one:
D Lighting package CWater heating package
Between 1978 and 1990
D 1991 and later
B. D Nonresidential• new construction or alterations ~ $200,000 building pennit valuation,
or additions i?: 1,000 square feet
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
D Restaurant service water heating (comply with ca/ifornia Energy Code Section 140.5, as amended)
AS.203.1.2.1
Choose one as applicable: D .95 Energy budget D .90 Energy budget
AS.211.1. ••
D On-site renewable energy
AS.211.3**
D Green power (if offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
AS.213.1
D Steel framin
P-30 Page4 of 7
D N/A __________ _
D Exception: Home energy score~ 7
(attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
D Attic insulation □ Duct Sealing D Cool roof
Select one:
D Lighting package D Water heating package
□ N/A _________ _
0 N/A
D N/A
0 N/A
0 N/A
0 N/A
0 N/A
Revised 06/22
City of Carlsbad Climate Action Plan Consistency Checklist
□ 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.
A. 0 Residential new construction {for building permit applications submitted after 1/1/20). Refer to 2019 califomia 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
JkWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.S72) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
D
□
□
kWdc
B. 0 Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~7S% existing floor area, or addition that increases roof area by ~2,000
square feet Please refer to carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
D Gross Floor Area (GFA) Method
GFA:
0 If < 10,000s.f. Enter: 5 kWdc
Min. System Size: ___ kWdc
0 If ~ 10,000s.f. calculate: 15 kW de x (GFA/10,000) **
••Round building size factor to nearest tenth, and round system size to nearest whole number.
D Time-Dependent Valuation Method
Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc
***Attach calculation documentation using modeling software approved by the california Energy Commission.
P-30 Page 5 of 7 Revised 06122
City of Carlsbad Climate Action Plan Consistency Checklist
A. D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
D For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
only)
□ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s. f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
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 .20 solar savings fraction
□ .15 solar savings fraction, plus drain water heat recovery
D Exception:
B. D 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 0 Photovoltaics □ Recovered energy
D Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
□ Exception:
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
D One EVSE ready parking space required Exception :
-D Multi family residential· □ Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready
I
calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "capable," "Ready" or "Installed.")
I
I
Installed I
I
Total
P-30 Page 6 of 7 Revised 06/22
City of Carlsbad Climate Action Plan Consist ency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,CXXJ or
indude an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,CXXJ, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
B. D Nonresidential new construction (includes hotels/motels) □ Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
calculation: Refer to the table below:
Total Number of Parking Soaces provided Number of required EV Spaces Number of required EVSE Installed Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 s
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total SO percent of Required EV Spaces
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
8. Employee AOT /1,CXXl square feet is selected from the City of Carlsbad Employee AOT Table.
Use GFA Employee AOT /1,CXXJ S.F. Total Employee ADT
Total
If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P. ll requires new development that adds vehicle traffic
to vehicle L05-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of (arlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project
TOM plan required: Yes D No D
LOE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 06/22
C_cityof
Carlsbad
t INSTRUCTIONI:
STORM WATER STANDARDS
QUESTIONNAIRE
E-34 C
Development Services
Land Development Engineering
M Li h' ! 7 • 1 635 Faraday Avenue
442-339-2750
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, "PRIORITY DEVELOPMENT PROJECT (PDP)
requirements or not considered a development project. This questionnaire will also determine if the project is subject to
TRASH CAPTURE REQUIREMENTS.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff determines
that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed
by you, this will result in the return of the development application as incomplete. In this case, please make the changes to
the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one completed
and signed questionnaire is required when multiple development applications for the same project are submitted
concurrently. PROJECT ___ TION
PROJECT NAME: 7259 Mimosa Drive APN: 215-550-39
ADDRESS: 7259 Mimosa Drive, Carlsbad, CA 92011
The project is (check one): D New Development IZl Redevelopment
The total proposed disturbed area is: 880 ft2 ( 0.020 ) acres
The total proposed newly created and/or replaced impervious area is: 730 ft2 ( 0.017 ) 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.
This Box for City Use Only
YES NO Date: Project ID:
City Concurrence:
□ □ By:
E-34 Page 1 of 4 REV 08/22
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)? □ IZl
If you answered "yes" to the above question, provide justification below then go to Step 6, mark the 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.
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; OR
b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets uidance?
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?
□
□ IBI
□
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, 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 08/22
f
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 □ IZl 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 □ !Kl 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 □ IX] 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 □ IX] surface collectively over the entire project site and supports a hillside development project? A hillside
development project includes development on any natural slope that is twenty-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 □ !Kl 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 □ !Kl 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 □ 1K] 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 adjacent 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 □ IX] 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 □ IX] 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 □ IX] 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
□ IX] 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, complete the trash capture question.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the
trash capture question.
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303{d) impaired 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.
E-34 Page 3of4 REV 08/22
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of
less than 50% of the surface area of the previously existing development? Complete the percent 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 = _____ %
YES NO
□ □
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, complete the trash capture question.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, complete the
trash capture question.
Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077):
Is the Project within any of the following Priority Land Use (PLU) categories and not exempt from trash
capture requirements per section 4.4.2.2 of the BMP Manual?
YES NO
R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General D IZ]
Commercial), L (Local Shopping Center), R (Regional Commercial), V-8 (Village-Barrio), VC (Visitor
Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or
Public Transportation Station
If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first
box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as
determined in step 3.
If you answered "no", Go to step 6, check the second or third box as determined in step 3. List exemption if applicable
for 'no' answer here:
0 My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE
REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP).
IX] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. I will submit a • Standard Project Requirement Checklist Form E-36". If my
project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality
Management Plan (TCSWQMP) per E-35A.
□ 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) per E-35 template for submittal at time of application.
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 lnformatio
Applicant Name:_-+'1-+_;__-->-,;.-'--"J~~-"'--=----=----=-----·APPlicant Title: V\JY(\.l{}\)J h)K""
Applicant Signaturer--~t--+-frl~-;1--r+1t-¥-+.r+-+-H-'...,_ __ Date 17 ( u{v :J
E-34 Page 4 of 4 REVOS/22
C cicyof
Carlsbad
Project Name: 7259 Mimosa Drive
Project ID:
DWG No. or Building Permit No.:
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Development Services
Land Development Engineering
1635 Faraday Avenue
442-339-2750
www.carlsbadca.gov
Complete the Table 1 -Site Design Requirement to document existing and proposed site features and the BMPs to be
implemented for them. All BMPs must be implemented where applicable and feasible. Applicability is generally
assumed if a feature exists or is proposed.
BMPs must be implemented for site design features where feasible. Leaving the box for a BMP unchecked means it
will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be
provided in the area below. The table provides specific instructions on when explanations are required.
A. Existin Natural Site Features see Fact Sheet BL-1
1. Check the boxes below for each existing feature on 1. Select the BMPs to be implemented for each identified feature. Explain
the site. why any BMP not selected is infeasible in the area below.
SD-G SD-H
Conserve natural Provide buffers around waterbodies
features
□ Natural waterbodies D D
B. BMPs for Common Impervious Outdoor Site Features (see Fact Sheet BL-2)
1. Check the boxes below for each
proposed feature.
□ Streets and roads
□ Sidewalks & walkways
□ Parking areas & lots
□ Driveways
□ Patios, decks, & courtyards
□ Hardcourt recreation areas
E-36
2. Select the BMPs to be implemented for each proposed feature. If neither BMP SD-B nor
SD-I is selected for a feature, explain why both BMPs are infeasible in the area below.
SD-B SD-I Minimize size of
Direct runoff to pervious Construct surfaces from impervious areas
areas ermeable materials
□ □ 00 Check this box to confinn
□ □ that all impervious areas on
the site will be minimized
□ □ where feasible.
□ □ If this box is not checked,
□ □ identify the surfaces that
cannot be minimized in area
□ D below, and explain why it is
Page 1 of 4 Revised 02/22
D Other: ______ _ D
1 LO'::! 1v11rnosa unve
infeasible to do so.
The site is already devel-
oped. The only improve-
ment is the room addition.
C. IKI BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select al least one BMP
below.
(see Fact
Sheet BL-3)
If no BMPs are selected, explain why they are infeasible in the area below.
IX! SD-B
Direct runoff to pervious areas
O SD-C
Install green roofs
O SD-E
Install rain barrels
D. □ BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below
□ SD-K Sustainable Landscaping
(see Fact
Sheet BL-4)
If SD-K is not selected, explain why it is infeasible in the area below.
Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully):
The site is already developed. The only improvement is the room addition.
All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for
documenting pollutant-generating sources/ features and source control BMPs.
BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it
will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be
provided in the area below. The table provides specific instructions on when explanations are required.
A. Management of Storm Water Discharges
1. Identify all proposed outdoor
work areas below
[XI Check here if none are proposed
D Trash & Refu
D Materials & e
E-36
2. Which BMPs will be used to prevent
materials from contacting rainfall or
runoff?
(See Fact Sheet BL-5)
Select all feasible BMPs for each work area
SC-A SC-B SC-C
Overhead Separation Wind
covering flows from protection
adjacent
areas
D □ D
D □ □
Page 2 of 4
3. Where will runoff from the
work area be routed?
(See Fact Sheet BL-6)
Select one or more option for each
work area
SC-D SC-E Other
Sanitary
sewer
D
□
Containment
system
□
□
Revised 02/22
□
□
/:Lo\:J Mimosa unve
D Loadinq & Unloadinq ~ D D L D D D
□ Fuelinq D D □ D D □
□ Maintenance & Reoair D □ □ □ □ □
□ Vehicle & Equioment Cleanina □ □ □ □ □ □
□ Other: □ □ □ □ □ □
B. Management of Storm Water Discharges (see Fact Sheet BL-7)
Select one ootion for each feature below:
• Storm drain inlets and catch basins ... l,KI are not proposed □ will be labeled with stenciling or signage to
discouraqe dumoinq (SC-F)
• Interior work surfaces, floor drains & 00 are not proposed □ will not discharge directly or indirectly to the MS4
sumps ... or receiving waters
• Drain lines (e.g. air conditioning, boiler, IX! are not proposed □ will not discharge directly or indirectly to the MS4
etc.) ... or receiving waters
• Fire sprinkler test water ... 00 are not proposed □ will not discharge directly or indirectly to the MS4
or receivina waters
Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully):
E-36 Page 3 of 4 Revised 02/22
7259 Mimosa Drive
This E-36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has
been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs
proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I
understand and acknowledge that the review of this form by City staff is confined to a review and does not relieve me as
the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for
ro·ect desi n. •
Date:
Print re rer name:
E-36 Page4 of 4 Revised 02122
.PRELIMINARY REPORT FORM
Prelim Number: 8. Fidelity National Title Company" 9922302087
Issuing Policies of Fidelity National Title Insurance Company
Fidelity National Title Company
7565 Mission Valley Road, Suite 100, San Diego, CA
92108
Phone No.: (619)725-2100
Fax:
Bausch Homes
6808 Shearwaters Drive
Carlsbad, CA 92011
Attn: Cynthia Bausch
Ref. No.:
Title Officer.:
Email:
Phone No.:
Fax No.:
File No.:
Property: 7259 Mimosa Drive, Carlsbad, CA 92011-5150
Denisa Kirchoff / Kimberly Peterson
SDUnit3@fnf.com
9922302087-AT-DKKP
IT
JUt! 01 2323
Cl 1 , ,fo'\r~LSBAO
PLA it'., ,10 OIVIS\ON
In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an exception 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 Limitations 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 re medy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in 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(ies) of title insurance to be issued hereunder will be policy(ies) of Fidelity National 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.
Countersigned By:
Authorized Officer or Agent
Steve Stokes
CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006)
Page 1
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FIDELITY NATIONAL TITLE COMPANY
Effective date: May 12, 2023 at 07:30 AM
The form of Policy or Policies of Title Insurance contemplated by this Report is:
ALT A Homeowners Policy of Title Insurance 2021
ALTA Loan Policy 2021
PRELIM NO. 9922302087
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:
Christopher P. Bausch and Cynthia T. Bausch, Trustees of the Bausch Family Trust Dated June 10, 2006
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 Report Form -Modified {Adopted: 11.17.2006)
Page2
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CA-FT-FSDG-01500.071026-SPS-1-23-9922302087
For APN/Parcel ID(s): 215-550-39-00
EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 7 OF CARLSBAD TRACT NO. 79-4 (RANCHO LA CUESTA UNIT NO. 5), IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10147, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 20, 1981.
CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006)
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FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922302087
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 2023-2024.
2. Supplemental assessment for 2022-2023
1st Installment:
Must be paid by:
2nd Installment:
Must be Paid By:
Bill No.:
Tracer No.:
$1 ,855.12, Paid
April 3, 2023
$1,855.12, Open
July 31 , 2023
829-272-16-12
09027
3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
Note: If said supplementals (if any} are not posted prior to the date of closing, this company assumes no liability
for payment thereof.
4. Easement(s} for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tract/plat;
Purpose:
Affects:
Drainage
As Delineated and Designated on Said Map
5. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the
right to require further evidence to confirm that the property is unencumbered, and further reserves the right to
make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
END OF EXCEPTIONS
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006)
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FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922302087
REQUIREMENTS
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 either (a) a complete copy of the trust agreement and any amendments thereto certified
by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification,
pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter
named trust, a form of which is attached.
Name of Trust: The Bausch Family Trust Dated June 10, 2006
3. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to
grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions
of the trust instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust
Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
END OF REQUIREMENTS
CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006)
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CA-FT-FSDG-01 500. 071026-SPS-1-23-9922302087
FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922302087
INFORMATIONAL NOTES
1. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are:
Name(s) furnished: TBD
If these name(s) are incorrect, incomplete or misspelled, please notify the Company.
2. 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.
3. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement
Form 9 to an Extended Coverage Loan Policy, when issued.
4. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement
Form 116 indicating that there is located on said Land a Single Family Dwelling, known as 7259 Mimosa Drive,
Carlsbad, California, to an Extended Coverage Loan Policy.
5. NOTE: The policy of title insurance will include an arbitration provision. The Company or 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 or 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.
6. Note: The only conveyances(s) affecting said Land, which recorded within 24 months of the date of this report,
are as follows:
Granter:
Grantee:
Recording Date:
Recording No.:
Christine Mary Hesler, trustee of the Christine Mary
Hesler Living Trust dated August 31, 2015, and any
amendments thereto
Christopher P. Bausch and Cynthia T. Bausch, Trustees of
the Bausch Family Trust Dated June 10, 2006
September 26, 2022
2022-0376436, of Official Records
CLTA Preliminary Report Fomi. Modified (Adopted: 11.17.2006) Printed· 05.18.23@ 08:04 AM
CA-FT-FSDG-01500. 071026-SPS-1-23-9922302087 Page6
FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922302087
7. Property taxes, for the fiscal year shown below are PAID. For proration purposes the amounts were:
Tax ID No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
Personal Property:
Code Area:
Bill No.:
215-550-39-00
2022-2023
$4,916.51
$4,916.51
$7,000.00
$631,220.00
$277,736.00
$0.00
09027
None shown
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.
9. Unless this company is in receipt of WRITTEN instructions authorizing a particular policy, Fidelity Title will
AUTOMATICALLY issue the American Land Title Association Homeowner's Policy (02/03/10) for all qualifying
residential 1-4 properties/transactions to insure the buyer at the close of escrow.
10. If a county recorder, title insurance company, escrow company, real estate agent or association provides a copy
of the declaration, governing document or deed to any person, California law requires that the document provided
shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold
faced typed and may be stamped on the first page of any document provided or included as a cover page
attached to the requested document. Should a party to this transaction request a copy of any document reported
herein that fits this category, the statement is to be included in the manner described.
11. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the
processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at
$45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement
("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of
record, must be included. An example of the required language is as follows:
The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of
$45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the
Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing
this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee
of record or the successor Trustee under the Trust Deed to be paid off in full.
In the event that the reconveyance fee and the assignment, release or transfer are not included within the
demand statement, then Fidelity National Title Insurance Company and its Underwritten Agent may decline to
process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance
with the requirements of the revised statute.
Cl TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Page7
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CA-FT-FSOG-01500.071026-SPS-1-23-9922302087
FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922302087
12. Note: Part of the RESPA Rule to simplify and Improve the Process of Obtaining Mortgages and Reduce
Consumer Settlement Costs requires the settlement agent to disclose the agent and underwriter split of title
premiums, including endorsements as follows
Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is
retained by the title agent. Fidelity National Title Company retains 88% of the total premium and endorsements.
Line 1108 used to record the amount of the total title insurance premium, including endorsements, that is retained
by the title underwriter. Fidelity National Title Insurance Company retains 12% of the total premium and
endorsements.
13. The Company and its policy issuing agents are required by Federal law to collect additional information about
certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is
required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing
agent must be supplied with a completed AL TA Information Collection Form ("ICF") prior to closing the
transaction contemplated herein.
END OF INFORMATIONAL NOTES
Cl TA Preliminary Report Form . Modified (Adopted: 11.17.2006)
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CA-FT-FSDG-01500.071026-SPS-1-23-9922302087
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this
notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction
may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of
the terms, conditions and requirements for such discount. These discounts only apply to transactions involving
services rendered by the FNF Family of Companies. This notice only applies to transactions involving property
improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FN F Company. The discount will only be applicable to the FNF Company as
indicated by the named discount.
FNF Underwritten Title Companies
CTC -Chicago Title Company
CL TC -Commonwealth Land Title Company
FNTC -Fidelity National Title Company of California
FNTCCA -Fidelity National Title Company of California
TICOR -Ticor Title Company of California
L TC -Lawyer's Title Company
SL TC -Servicelink Title Company
Available Discounts
DISASTER LOANS (CTIC, Cl TIC, FNTIC)
Underwritten by FNF Underwriters
CTIC -Chicago Title Insurance Company
CL TIC -Commonwealth Land Title Insurance Company
FNTIC -Fidelity National Title Insurance Company
FNTIC -Fidelity National Title Insurance Company
CTIC -Chicago Title Insurance Company
CL TIC -Commonwealth Land Title Insurance Company
CTIC -Chicago Title Insurance Company
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government
of the United States or the State of California on any land located in said area, which was partially or totally
destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities,
provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent
(50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage
selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title
insurance rate, depending on the type of coverage selected.
Notice of Available Discounts
$CA0002598.doc / Updated: 01.31.20
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FIDELITY NATIONAL FINANCIAL
CALIFORNIA PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we")
respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use,
and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a
California resident ("Consumer"), have regarding your Personal Information ("California Privacy Rights").
"Personal Information" means information that identifies, relates to, describes, and is reasonably capable of being
associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
If FNF has collected, used, or disclosed your Personal Information in relation to a job application or employment,
independent contractor, officer, owner, or director relationship with FNF, FNF's practices are discussed in our
Notice at Collection for Prospective Employees, available at Prospective California Employees.
Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a
separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice
does not apply.
Collection of categories of Personal Information:
In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of
Personal Information from you:
• Identifiers such as name, address, telephone number, IP address, email address, account name, social
security number, driver's license number, state identification card, passport number, financial information,
date of birth, or other similar identifiers;
• Characteristics of protected classifications under California or Federal law;
• Commercial information, including records of personal property, products or services purchased, or other
purchasing or consuming histories;
• Internet or other electronic network activity information including, but not limited to browsing history on
FNF websites, and information regarding a Consumer's interaction with an FNF website;
• Geolocation data;
• Professional or employment information;
• Education Information.
This Personal Information is collected from the following sources:
• Information we receive from you on applications or other forms;
• Information about your transactions with FNF, our affiliates, or others;
• Information we receive from consumer reporting agencies and/or governmental entities, either directly
from these entities, or from internet service providers, data analytics providers, and social networks;
• Information from the use of our websites and mobile applications;
• Information we receive directly from you related to doing business with us.
This Personal Information is collected for the following business purposes:
• To provide products and services to you or in connection with a transaction involving you;
• To perform a contract between FNF and the Consumer;
• To improve our products and services;
• To comply with legal obligations;
• To protect against fraudulent or illegal activity;
• To communicate with you about FNF or our affiliates;
Privacy Statement
SSCORPD0911.doc Page 1
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• To maintain an account with FNF or our affiliates;
• To provide, support, personalize, and develop our websites, products, and services;
• To directly market our products to consumers;
• As described to you when collecting your Personal Information or as otherwise set forth in the California
Consumer Privacy Act.
Disclosures of Personal Information for a business purpose:
In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal
Information listed above for a business purpose. We may disclose Personal Information for a business purpose to
the following categories of third parties:
• FNF affiliates and subsidiaries;
• Non-affiliated third parties. with your prior consent;
• Businesses in connection with the sale or other disposition of all or part of the FNF business and/or
assets;
• Service Providers and non-affiliated third parties such as internet service providers, data analytics
providers, and social networks;
• Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court
order.
Sale of Personal Information:
In the preceding twelve (12) months, FNF has not sold or shared Personal Information. FNF does not sell or
share Personal Information.
Retention Periods:
Due to the breadth and variety of data collected by FNF, it is not possible for us to provide you with a
comprehensive list of timeframes during which we retain each category of Personal Information. FNF retains
categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This
time period varies depending on the purpose for which we collected the information, the nature and frequency of
our interactions and relationship with you, whether we have a legal basis to continue retaining the information,
industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements.
Personal Information of minors:
FNF does not knowingly collect the Personal Information of minors. FNF does not sell or share the information of
consumers under sixteen (16) years of age.
Sensitive Personal Information:
FNF does not use or disclose sensitive Personal Information for any purposes other than those specified in the
California Consumer Privacy Act
Right to know:
Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including
the categories of such Personal Information, as well as the purpose for such collection, use, disclosure, sharing, or
selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific
pieces of Personal Information collected about the Consumer. Consumers have the right to request FNF disclose
what Personal Information it collected, used, and disclosed in the past twelve (12) months, or since
January 1, 2022.
Right to request deletion:
Consumers have a right to request the deletion of their Personal Information, subject to certain exceptions.
Privacy Statement
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Right to Correct:
Consumers have the right to correct inaccurate Personal Information.
Right to non-discrimination:
Consumers have a right not to be discriminated against because of exercising their consumer privacy rights. We
will not discriminate against Consumers for exercising any of their California Privacy Rights.
Privacy Requests:
To exercise any of your California Privacy Rights, or if acting as an authorized agent on behalf of another
individual, please visit California Privacy Request, call us Toll Free at 888-413-1748, or write to the
address at the end of this notice.
Upon making a California Privacy Request, FNF will verify the Consumer's identity by requiring an account, loan,
escrow number, or other identifying information from the Consumer.
The above-rights are subject to any applicable rights and obligations including both Federal and California
exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements.
A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents' requests will be
processed like any other CCPA request, but FNF will also require the Consumer provide the agent written
permission to make the request and verify his or her identity with FNF.
FNF website services for mortgage loans:
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect
customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may
contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of
this Privacy Notice describing the categories, sources, and uses of your Personal Information do not apply to the
Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to
your Information. FNF does not share Information collected through the Service Websites, except (1) as required
or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith
belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy
Notice, or to protect the rights, property, or safety of FNF or the public.
California Privacy Notice -Effective Date:
This California Privacy Notice was last updated on January 1, 2023.
Contact for more information:
For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your
California Privacy Rights, please visit California Privacy, call Toll Free 888-413-1748, or contact us by mail at the
below address.
Privacy Statement
SSCORP00911.doc
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
Page 3
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ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990 (11-09-18)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(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 Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(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 or 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 unless such lien is shown by the public records at Date of Policy.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here)
Attachment One (11/04/22)
ATTACHMENT ONE
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY (02-04-22)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses
that arise by reason of:
1. a. any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or
relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land:
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9
or10):or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a
bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title
as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer,
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange
for new value: or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after
the Date of Policy.
Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7 Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any
Discriminatory Covenant in a document referenced in Schedule 8 as if each Discriminatory Covenant is redacted, repudiated, removed, and
not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and
conditions of any lease or easement identified in Schedule A, and the following matters:
PARTI
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection
of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy.
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, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium,
clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant,
exception, conveyance, reservation, or otherwise: and (b) any rights, privileges. immunities, rights of way, and easements associated therewith or
appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
PART II
(Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here)
Attachment One ( 11 /04/22)
ATTACHMENT ONE
(CONTINUED)
CL TA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (7-01-21)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits. or
relates to:
i. the occupancy, use, or enjoyment of the Land:
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to
the date You became an Insured under this policy;
c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5,
8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of
the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and
b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in
accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Tille to You
is a:
a. fraudulent conveyance or fraudulent transfer,
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange
for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration. fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater. or any other subsurface substance.
9. Any lien on Your Title for real estate tID<es or assessments. imposed or collected by a governmental authority that becomes due and payable after
the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
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)
Our Maximum Dollar Limit of Liability
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00
Attachment One (11/04/22)
ATTACHMENT ONE
(CONTINUED)
CL TA/ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13)
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. land use;
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;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21 .
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
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:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
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)
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00
Attachment One (11/04/22)
ATTACHMENT ONE
(CONTINUED)
ALTA OWNER'S POLICY (07-01-2021)
EXCLUSIONS FROM COVERAGE
The following matters are 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) that restricts, regulates, prohibits, or
relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9
or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a
bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law. that the transaction vesting the Title
as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange
for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after
the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any
Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and
not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and
conditions of any lease or easement identified in Schedule A, and the following matters:
NOTE: The 2021 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions
such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard
Coverage Exceptions listed as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection
of the Land or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy.
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, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium,
clay, rock, sand, and gravel located in. on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant,
exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or
appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
Attachment One (11/04/22)
ATTACHMENT ONE
(CONTINUED)
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 recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title
as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
NOTE: The 2006 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions
such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard
Coverage Exceptions listed below as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection
of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy.
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, material or equipment unless such lien is shown by the Public Records at Date of Policy.]
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals. coal. lignite, oil, gas, uranium,
clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant,
exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or
appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
Attachment One (11/04/22)
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This map/plat is being furnished as an aid in locating the herein described Land in relation 10 adjoining streets, natural boundaries and other land, and is not a survey of the land
depicted. Except 10 the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements,
acreage or other mauers shown thereon.