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HomeMy WebLinkAboutCDP 03-07; THOMPSON RESIDENCE; Coastal Development Permit (CDP)CITY OF CARLSBAD - LJUMU UOC flCVI 11 APPLICATIONS APPLIED FOR: (CHECK BOXES) 4 (FOR DEPARTMENT iFOR DEP$RTMEtC F Administrative Permit - 2nd Dwelling Unit Administrative Variance El Coastal Development Permit El Conditional Use Permit 0 Condominium Permit U Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan U Non-Residential Planned Development LII Planned Development Permit El Planned Industrial Permit Planning Commission Determination fl Precise Development Plan EJ Redevelopment Permit 1-1 Site Development Plan El Special Use Permit Specific Plan Tcntctivc Parcel Mop 03 -'ç7 _ Obtain from Engineering Department Tentative Tract Map El Variance El Zone Change List other applications not 2) ASSESSOR PARCEL NO(S).: 2.44 3) PROJECT NAME: ¶11960t4 'StQS$C€. 4) BRIEF DESCRIPTION OF PROJECT: I't10ç1014 4u_t*,u M'eP-t,ct h56=- L-c bf (c1Ma 6" (.(M 4w-. 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) two V. k.&2 v,tca% . MAILING ADDRESS MAILING ADDRESS O. titc. t',Q1'5S CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Cfl4A5,"sp C,'c. °)2.O5 (.1W) 1% (oOtO 'PCERTiFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I,..CERTiFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY jOWNER AND THAT ALl. THE ABOVE INFORMATION IS TRUE AND KNWLEDGE. tcoRRE cT THE BEST OF MY KNOWLEDGE. _____ SIGNATURE V DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION fl¼& ¶1-A€( k1t04l- k5 WE P-to. NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 '1H 30), PAGE 1OF2 . 8) LOCATION OF PROJECT: STREET ADDRESS ON THE j SIDE OF I SeçT¼ Lie NORTh, SOUTH, EAST, WEST) INAME OF STREET) BETWEEN I iz'oi' In.i AND rt4vcw \w.tG- I (NAME OF STREET) (NAME OF STREET, 9) LOCAL FACILITIES MANAGEMENT ZONE I 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF I RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION - 14) PROPOSED IND OFFICE/ - 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN o 18) PROPOSED SEWER PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE 20) EXISTING GENERAL 21) PROPOSED GENERAL _____ PLAN gLM PLAN DESIGNATION FJ$4 22) EXISTING ZONING -'1 23) PROPOSED ZONING 1%00 1 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY r STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS ( TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED 102003 CITY OF CARLSBAD Tq:qT AnNflW41TVMft RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 PAGE 2OF2 . • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS • APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS This supplemental application is to be filed for any development requiring aCRfiQEJVED Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND ,. &U 03 L4 TY OF CA A. Estimated Cost of Development: LA NN(NG DEp0 Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director 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 Planning Director). New Residential Square Footage: O square feet x $78.00/sq. ft. = $_________________ Residential Addition Square Footage: o square feet x $94.00/sq. ft = $ 0 =. Any Garage Square Footage: o square feet x $22.00/sq. ft. = $ 0 . Residential Conversion Square Footage: 0 square feet x $26.00/sq. ft. = $__________________ =. For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.001sq. ft.: square feet x$ /sq.ft.=$ N/k. COST OF DEVELOPMENT ESTIMATE: $ 0 B. C. Form 15 Do you wish to apply for: A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) Street address of proposed development 1/01 Page 1 of 8 4 I, 1. D. Assessors Parcel Nufflber of proposed development 4tkD-1L E. Development Description: Briefly describe project:fo5ec.' VLtL-- La466-aç cc fiiwçeeç teo cl LIt - *irc ei.ea./ - tKa.iweg. (cmr.tn&o 'ies - F. Describe the present land uses i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to:the: East: sI*V4€ct lMQot P%MLLX - West: vnn4ç - r'o.o nizs'.iev ?4tucc Qf 9014) G. Is project located within a 100 year flood plain? DYes R No PRESENT USE OF PROPERTY A. Are there existing structures on the property? JYes fl No If yes, please describe. B. Will any existing structure be removed/demolished? fl Yes LI No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. _______sq. ft. Unimproved Area - (Left Natural) sq. ft. _______sq. ft. sq. ft. Form 15 1/01 Page 2of8 . . B. Parking: Number of existing spaces Number of new spaces proposed Q Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces - Number of uncovered spaces Number of standard spaces - Number of compact spaces - Is tandem parking existing? Dyes # iia No Is tandem parking proposed? Yes # No C. Grade Alteration: Is any grading proposed? Ryes LI 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 'l.l9a cu. yds. 6. Location of borrow or disposal site cno'n tt e Form 15 1/01 Page 3ofs IV. ENVIRONMENTAL REVIEW Submit Environmental Impact Assessment (EFA) Part I with Regular Coastal Development Permits; check with Planning Staff regarding Minor Coastal Development Permits and Single Family Regular Coastal Development Permits for any environmental review -requirements. V. GENERAL APPLICATION REQUIREMENTS (For Single Family Regular and Minor -Coastal Development Permits; Regular Coastal Development Permits covered under separate handout) A. Site Plan: Four copies for a Minor Coastal Development Permit, four 4) copies for a Single Family Regular Coastal Development Permit prepared on a 24" x 36 sheet(s) folded to 8W x 11". The site plan shall include the following information: t. General - - a. Name-and address of applicant, engineer and/or architect, etc. b. Location, size-and use of all easements. C. Dimensions and locations of: access, both - pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension ofspaces, and wheel stops. d. Distance between building and/or structures. e. Building setbacks (front, rear and sides). f. Location, height and materials-of walls and fences. g. Dimensions/location of signs. h. A summary table indicating the following information (if applicable to the application): (1) Site acreage (2) Existing zone and land use (3) Proposed land use - (4) Total building coverage (5) Building square footage (6) Percent landscaping (7) Number of parking spaces (8) Square footage of open/recreational space (if applicable) (9) Cubic footage Of storage space (if applicable) L Show all applicable Fire Suppression Zones as required by the City's Landscape Manual. B. Building elevations (all sides of all buildings) and floor plans: Four (4) copies for a Minor Coastal Development Permit and four (4) copies for a Single Family Regular Coastal Development Permit, prepared on 24" x 36" sheets folded to SW x 11" size. The building and floor plans shall include the following: 1. Location and size of storage areas (if applicable) 2. All buildings, structure, walls and/or fences, signs and exterior lights. 3. Existing and proposed construction. C. Grading and Drainage: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the City Planning and Engineering Department Form 15 1/01 Page 4of8 • . representative for a determination on any grading - plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 1. Approximate contours at 1' intervals for slopes less than 5%: 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within 100' perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2. Earthwork volumes; cut, fill, import and export. 3. Spot elevations at the corners of each pad. 4. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 5. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any proposed detention/retention basins. 6. Clearly show and label 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. D. Reduced site plan: One (1) copy of 8W x 11". (Not required for Single Family Residence). E. Location Map: One (1) copy of 8W x 11" (suggested scale 200" - vicinity maps on the site plan are not acceptable). F. Colored Site Plan and Elevation Plan: (Not required with the first submittal) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by 12:00 noon, eight VI. REQUIRED DOCUMENTS A. Land Use Review Application Form B. Completed Coastal Development Supplemental Application Form C. Disclosure Statement D. Completed "Project Description/Explanation" Sheet E. Title Report (required for sites in Coastal Commission Appeal Area and for single family residential) Form 15 1101 Page 5of8 VII. OTHER REQUIREMENTS A. Property Owners List and Address Labels NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the radius map, two (2) sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents- the latest equalized assessment rolls from the San Diego County Assessors Office. The project will NOT go forward until this information is received. A typewritten list of the -names and addresses of all property owners within a 600' radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessors parcel number from the-latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM or Courier NEW (TT) no larger than 11 Pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith - Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1"=2001 showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1)-list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets of labels (as described in UAfl above) of the addresses within a 100' radius. B. Fees and Deposit for Publication of Notices: See Fee Schedule for amount. VIII. SPECIFIC APPLICATION REQUIREMENTS (May apply to single family, regular and minor coastal development permits) Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Municipal Code for a full description): A. Coastal Agriculture Overlay Zone Form 15 1/01 Page 6of8 . Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements. B. Coastal Resource Protection Overlay Zone 1. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the Lagoon mouth. 3. Topographic, drainage and wetland mapping subject to Subsections 21 .203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of Interstate 5 in the Batiquitos Lagoon watershed. 4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 5. Geologic report addressing landslides and slope stability subject to Subsection 21.203.040(B)(4) of the Carlsbad Municipal Code. 6. Geologic report addressing land slides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone 1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by Planning Director if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stiingline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted project in this zone must also be submitted with plans showing: a. Boundaries and topography b. Existing and proposed structures C. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Form 15 1/01 Page 7of8 IX. REQUIRED COASTAL PERMIT FINDINGS Approval of a regular or minor coastal development permit is based on the ability to make three coastal related findings. These three findings are presented below for your review and information. 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3-of the -Coastal Act. 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c) Form 15 1/01 Page 8of8 c titv of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications 'hwh 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 prcnect cannot be renewed until this information is completed. Please print. Note: Person is defined as 'Any individual, firm. co-parmership, joint venture, associanon, social club, Internal orsanization. coiporation. estate, mist, receiver, syndicate, in this and any other count. cnv and count. cm 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 prop en owner must be provided below. 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, title, 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 1?s'1 I ii) fl4'fi 4 ¶tA?4c4-\ Corp/Part Title ¶Ruçk Title__________________________ Address Fo. 1W VjOltS Address__________________________ CfltRsco Co.- 92.O3 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any, ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common. non-profit. corporation. etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10 0/b OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person — Corp/Part_______________________ 1635 Faraday Avenue - Carlsbad. CA 92008-7314 • (760) 602-4600 e FAX (760) 602-8559 • www cucarlsbad.ca.us PROJECT DESCRIPTION/EXPLANATION I;T'JlflE1il, i&i1TatiJ— t4waW- 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: c'-( QN (11gc1 . &c S .4 Project Description 10/96 Page 1 of 1 . . ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO:_______________ DATE RECEIVED: (To be conq,tn& v sioffi BACKGROUND 1. CASE NAME: ThtMf304 2. APPLICANT- APPLICANT: 0A4 ¶9 640 i- çz4 3. ADDRESS AND PHONE NUMBER OF APPLICANT: r.. Q,t) Cfl2stp 92.,b tsp@&Q) 1%- 4. PROJECT DESCRIPTION: JflI'°SWgg?cee-4 _ e /c2s. tvbtp.(. b içao CQ6C.-YnP,_tfl$&6ç\Mc?tI _£-S _tcCt4t2 t. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. j Land Use and Planning D Population and Housing Geological Problems []Water El Air Quality 0 Tnnsportalion/Circulation [J Public Services El Biological Resources 0 Utilities & Service Systems D Energy & Mineral Resources []Aesthetics D Hazards 0 CUltUral Resources 0 Noise 0 Recreation 0 Mandatory Findings of Significance Rev. 03128i96 C . ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (Lilt), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier HR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental Lilt are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When 'Potentially Significant Impact" is checked the project is not necessarily required to prepare an HR if the significant effect has been analyzed adequately in an earlier EW pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier Lilt. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 03,2896 . . If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. An HR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier ER pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part U analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 032896 Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Sigrnfican Impact Impact Unless t Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? fl [] (Source #(s): ( b) Conflict with applicable environmental plans or 0 El El policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? [] El [1 El d) Affect agricultural resources or operations (e.g. impacts [] [I] to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an [] [J established community (including a low-income or minority community)? ( IL POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local El [1 EEl population projections? b) Induce substantial growth in an area either directly or [] El [11 El indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) ( ) Displace existing housing, especially affordable F1 EJ El F1 housing? ( ifi. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? El El LI EEl b) Seismic ground shaking? El El El c) Seismic ground failure, including liquefaction? El [I El El d) Seiche, tsunami, or volcanic hazard? El El e) Landslides or mudflows? uik- El F-- [I Erosion, changes in topography or unstable soil [] [El El conditions from excavation, grading, or fill? g) 'krfii Co NC Ru—. Subsidence of the land? [I] El El El h) Expansive soils? ( ) El El El i) Unique geologic or physical features? El El [I IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the 0 {] b) rate and amount of surface runoff? Exposure of people or property to we1ettards El El El El c) such as flooding? Discharge into surface waters or other alteration of El El El 2 surface water quality (e.g. temperature, dissolved oxygen or turbidity)? 4 Rev. 032896 . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan impact Impact Unless I Impact Mitigation d) Changes in the amount of surface water in any water D Incorporated U [1 e) Changes in currents, or the course or direction of water [] D [J [a movements? ( f) Changes in the quantity of ground waters, either [II U LI [a through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( g) Altered direction or rate of flow of groundwater? El El [1 h) Impacts to groundwater quality? ( ) 9 U U i) Substantial reduction in the amount of groundwater [] [] [] otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an [] 9 [] El existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? 9 9 9 Eff c) Alter air movement, moisture, or temperature, or cause [] [] [] [a any change in climate? ( d) Create objectionable odors? ( ) 9 9 LII H VI. TRANSPORTATION/CIRCULATION. Would the a) proposal result in: Increased vehicle trips or traffic congestion? 9 9 [1] b) Hazards to safety from design features (e.g. sharp [] [1 9 [a curves or dangerous intersections) or incompatible uses c) (e.g. farm equipment)? ( ) Inadequate emergency access or access to nearby uses? 9 [J U B d) Insufficient parking capacity on-site or off-site? L] U U El e) Hazards or bathers for pedestrians or bicyclists? U [I] U [a 1) Conflicts with adopted policies supporting alternative U LI U [a transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] 9 U Ft VII. BIOLOGICAL RESOURCES. Would the proposal result a) in impacts to: Endangered, threatened or rare species or their habitats [] [11 [1 [El (including but not limited to plants, fish, insects, b) animals, and birds? Locally designated species (e.g. heritage trees)? 9 [] 9 El 5 Rev. 0328196 . S Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents mat' be referred to and attached) Significant Significant Significan impact Impact Unless t Impact Mitigation Incorporated c) Locally designated natural communities (e.g. oak El fl U forest coastal habitat, etc.)? ( d) Wetland habitat (e.g. marsh, riparian and vernal pool)? fl [J [] e) Wildlife dispersal or migration corridors? [I U L] H VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? [I [I b) Use non-renewable resources in a wasteful and El inefficient manner? ( c) Result in the loss of availability of a known mineral [] [I [] a resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous El [] [] [a substances (including, but not limited to: oil, pesticides, b) chemicals or radiation)? Possible interference with an emergency response plan fl D D [a c) or emergency evacuation plan? The creation of any health hazard or potential health [] [] d) hazards? ( ) Exposure of people to existing sources of potential [] fl [] [a e) health hazards? ( Increase fire hazard in areas with flammable brush, 9 [II U S grass, or trees? ( X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) 9 9 b) Exposure of people to severe noise levels? 9 9 9 XL PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government a) services in any of the following areas: Fire protection? ( ) [1 [1 [1] [1 b) Police protection? C ) [J 9 [1 c) Schools? ( ) 9 9 [] P.] d) Maintenance of public facilities, including roads? 9 9 0 El e) Other governmental services? ( ) [] 9 [] [a XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, a) or substantial alterations to the following utilities: Power or natural gas? ( ) 9 9 [] b) Communications systems? ( ) [J U LI El 6 Rev. 032896 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents inn' be referred to and attached) Significant Significant Sigriifican impact Impact Unless t Impact Mitigation c) Local or regional water treatment or distribution U Incorporated [1 [1 facilities? d) Sewer or septic tanks? ( ) U U U e) Storm water drainage? ( ) 9 [] 1) Solid waste disposal? ( ) 9 U U El g) Local or regional water supplies? ( ) U 0 [11 iia XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? U U 0 El b) Have a demonstrate negative aesthetic effect? [1] [J [] El c) Create light or glare? ( ) U [1 U {E1 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) U U U S b) Disturb archaeological resources? ( ) U U U [a c) Affect historical resources? ( [1 U U EEl ci) Have the potential to cause a physical change which U U U would affect unique ethnic cultural values? e) ( ) Restrict existing religious or sacred uses within the U U U [ potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional U U . U F] parks or other recreational facilities? b) ( ) Affect existing recreational opportunities? U U U [El XVL MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the 9 U U El quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 7 Rev. 0328/96 . . Issues (and Supporting Infonnation Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Stgrnfican impact Impact Unless t Impact Mitigation Incorporated b) Does the project have impacts that are individually E U U limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program BIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03,28 96 [1 . Order Number: DIV-664100 (06) Page Number: 1 AMENDED 6-8-2006 First American Title Company 411 Ivy Street San Diego, CA 92101 Ken Cablay Seaboume Development Co. P.O. Box 4659 Carlsbad, CA 92018 Customer Reference: Thompson/Rose Drive Order Number: DIV-664100 (06) Title Officer: Dianne Livingston Phone: (619)231-4654 Fax No.: (619)231-4647 E-Mail: dslMngston@flrstam.com Owner: Thompson Revocable Trust Property: 7040 Rose Drive Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title Insurance, this company hereby reports that it is prepared to issue, or came 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 refSed to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Polities are set forth in Exhibit A attached. Copies of the Policy focus should be read. They are available from the office which Issued this report Please read the exceptions shown or referred to below and the exceptions and exclusions set faith in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It Is Important to note th at this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments here) is issued solely for the purpose of faolitating the issuance of a policy of We 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. FlistAnierican Title C' DPc4C) -tk . . Order Number: DIV-664100 (06) Page Number: 2 Dated as of June 1, 2006 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To be determined. A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Karen R. Thompson, as Successor Trustee of the David B. Thompson and Karen R. Thompson Revocable Trust, subject to item nos. 19 and 20 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See atlBthed Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for public utilities and incidental purposes, recorded August 31, 1976 as Instrument No. 76-284449 of Official Records. In Favor of: San Diego Gas and Electric Company Affects: A portion of said land. fist An,entan 7L@ . . Order Number: DIV-664100 (06) Page Number: 3 4. A deed of trust to secure an original indebtedness of $200,000.00 recorded March 12, 1981 as Instrument No. 81-076157 of Official Records. Dated: March 2, 1981 Trustor: David B. Thompson and Karen R. Thompson, husband and wife Trustee: California First Bank, a California Corporation Beneficiary: Dorothy Thompson as Trustee of the Wendy Kathleen Hazen Minority Trust, as to an undivided one-quarter interest; Dorothy Thompson, as Trustee of the Scott Danile Hazen Minority Trust, as to an undivided one-quarter interest; Dorothy Thompson, as Trustee of the Jeremy Todd Duffy Minority Trust, as to an undivided one-quarter interest and Dorothy Thompson, as Trustee of the Toby James Duffy Minority Trust, as to an undivided one-quarter interest. Affects: The land and other property. According to the public records, the beneficial interest under the deed of trust was assigned to Harold Thompson by assignment recorded July 8, 1986 as Instrument No. 86-279890 of Official Records. S. An unrecorded lease dated January 1, 1979, executed by Dorothy Thompson, Trustees of the Hazen-Duffy Minority Trusts as lessor and Thompson Rose Company, Inc. as lessee, as disclosed by a An Assignment of Amended Lease recorded July 9, 1986 as Instrument No. 86-279891 of Official Records. 6. The fact that said land lies within the "Carlsbad Islands Annexation" to the City of Carlsbad, as disclosed by instrument recorded April 30, 1987 as File No. 87-236215 of Official Records. 7. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 8. The fact that said land lies within the Community Facilities District No. 3 of Carlsbad Unified School District, as disclosed by instrument recorded May 16, 1995 as File No. 1995-0205176 of Official Records. 9. The fact that said land lies within the Amended Annexation Map No. 1 to Boundaries of Community Facilities District No. 3, as disclosed by instrument recorded June 16, 1995 as File No. 1995-0254037 of Official Records. 10. The terms and provisions contained in the document entitled "City Carlsbad Resolution No. 97- 528" recorded July 22, 1997 as Instrument No. 1997-0349124 of Official Records. 11. The fact that said land lies within the Amended Annexation Map No. 3 to Boundaries of Community Facilities District No. 3, as disclosed by instrument recorded March 11, 1999 as File No. 1999-0157103 of Official Records and Amended Map recorded September 20, 2001 as File No. 2001-0676493, Official Records. First American Tide . Order Number: DIV-664100 (06) Page Number: 4 12. A document entitled "Amendment to Notice of Special Tax Lien, Regarding Annexation No. 5 to Community Facilities District No.3 of the Carlsbad Unified School District" recorded October 19, 2001 as File No. 2001-0758809 of Official Records. 13. The terms and provisions contained in the document entitled "Restrictive Covenant Agreement" recorded February 4, 2002 as File No. 2002-0096680 of Official Records. Executed by and between Standard Pacific Corp., a Delaware Corporation and David B. Thompson and Karen R. Thompson, Trustee of the David B. Thompson and Karen R. Thompson Revocable Trust 14. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Poinsettia Lane and Aviara Parkway Transportation Corridors Case No. CT 98-14" recorded April 1, 2003 as instrument no. 2003-0362109 of Official Records. 15. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Case No. Cr 98-14° recorded April 1, 2003 as instrument no. 2003- 0362110 of Official Records. 16. The terms and provisions contained in the document entitled "Notice of Restrictions on Real Property" recorded April 21, 2003 as instrument no. 2003-0459091 of Official Records. 17. An easement for public utilities and incidental purposes, recorded November 16, 2004 as instrument no. 2004-1083873 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: Lots 56, 57, 59, 60, 63, 64, 67, 68, 72, 73, 74, 75, 79, 80, 83, 84, 111, 112, 115, 116, 117, 119, 120, 130, 131, 132, 133, 136, 137, 146, 147, 150, 151, 153, 154, 155, 15, 167, 168, 172, 173, 177, 178, 181, 182, 186, 187, 189, 190, 207, 210, 211, 220, 221,224, 225, 229, 230, 235, 236, 239, 240 and 242. 18. Prior to the issuance of any policy of title insurance, the Company will require: With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 19. The requirement that we receive a copy of the Trust referred to in the vesting to determine if Karen R. Thompson is the successor trustee. 20. The requirement that an Affidavit of Death of Trustee for David B. Thompson be recorded against the property. FirstAmerican Title . C Order Number: DIV-664100 (06) Page Number: 5 INFORMATIONAL NOTES I The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. 1. Taxes for proration purposes only for the fiscal year 2005-2006. First Installment: $1,169.54, PAID Second Installment: $1,169.34, PAID Tax Rate Area: 09165 APN: 214-641-27-00 FhstAmentan TIM- Order Number: DIV-664100 (06) Page Number: 6 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 242 of City of Carlsbad Tract No. Cr 98-1403, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1441, filed in the Office of the County Recorder of San Diego County, July 26, 2004. fl,stAn,entwi 7Th@ C . Order Number: DM664100 (06) Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashiers checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. flstAine#can Title S . Order Number: DIV-664100 (06) Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND lUtE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULES [i•i'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 in or assessments, or notice 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, which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage In area, encmachmenM or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpateated 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. The Ibliowing matters are expressly excluded from the overage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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 3. Defects, liens, encumbrances, adverse dairns 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. Unenforceabllity 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 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 their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 SCHEDULE OF E3CCUJSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or Prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3 Defects, tiers, enointrances, adverse darts, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant (b) not known to the Company and not shown by the public reuai but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an incited herezider (C) resulting in no loss or damage to the insured claimant; (d) attaching or Fist Anientan 17t@ . Order Number: DIV-664100 (06) Page Number: 9 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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWN EWS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 2 above are used and the following exceptions to overage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 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. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. QicepanrJes, conflicts In boundary lines, shortage In area, enaoadiments, or any other fads which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims-, reservations or exceptions in patents or In Ads authorizing the issuance thereof water rights, daims or title to 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE Of EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoynait of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction In the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or govwirnfli rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse dalms, or other matters (a) created, sufIrS, assumed or agreed to by the Insured daimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest insured by this policy or acquired the Insured mortgage and not disclosed In writing by the Insured claimant to the Company - to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant (d) attaching or coated subsequent to Date of Policy (except to the extent Insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance Is afforded herein as to assessments for stoat improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state In which the land Is situated. S. AMERICAN LAND lIThE ASSOCIATION WAN POLICY - 1970 WITH REGIONAL EXCEPTIONS when the American Land Title Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments wftdi are not shown as eidst'ng liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or daims which are riot shown by the public records but which could be ascertained by an inspection of sad land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. S Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof, water rights, darns or title to water. 6. Any lien, or right to a hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the pubic flistAn,entan Tit(e . Order Number: DIV-664100 (06) Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A,L.T.A. ENDORSEMENT FORM 1 COVERAGE 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: (a) Any law, ordinance or governmental regulation (including but not limited to budding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 orwas a part or (w) 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 a notice of a defect lien or encumbrance ratting 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 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) ratting In no loss or damage to the Insured claimant (d) attaching or created subsequent to Date of Policy (except to the extent that this polity insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to assessments for street Improvements under construction or completed at 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. 4. Linenforceabliity 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. S. Invalidity or unenfbrceabiiity, 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed In v,iiote or In part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (I) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ill) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the following exceptions to coverage appear in the polity. [4iilfL4.1 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 orbythe public records. 2. Any facts, rights, interests, or dams which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conf6cts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. L'npatented minaig ciaimg reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or tite to 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 rWfiPii . . Order Number: DIV-664100 (06) Page Number: 11 EXCLUSIONS FROM OVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney? fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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; (lii) 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 (tv) 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 defink 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 a notice of a defect Hen 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 3. Defects, Hens, 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; or (e) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditor? rights laws, that is based on: (I) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or Lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - 1992 WiTh REGIONAL EXCEPTIONS When the American Land Title Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys 1 fees or expenses) which arise by reason oft Part One: 1. Taxes or assessments which are notshown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons In possession thereat 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or title to 6. Any lien, or right to a lien, for services, Labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAl. ITTLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zonrg ordinances and also laws and regulations concerning: tland use Sland division * Improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the ptb1ic records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Rsks. F/a Amer/can 7Z@ . . Order Number: DIV-664100 (06) Page Number: 12 2. The right to take the land by condemning it uniessi a notice of exercising the right appears In the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allows, or agreed to by you tthat are known to you, but not to us, on the Policy Date - unless they appeared In the public records • that result In no loss to you * that fist affect your tide after the Pclicy Date - this does not limit the labor and material lien coverage in Item C of Covered Title Risks 4. Failure to pay value for your tide. S. Lack ofaright: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item S of Covered Title Risks. it EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNERS POLICY OF liftS INSURANCE - 1998 Covered Risks 14 Subdivision Law Violation). 15 (Building Pernit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) art subject to Deductible Anionts and Maximum Dollar Limits of Liability In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This indudes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. Improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enfbrcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The foilure of Your existing structures, or any part of them, to be constructed In accordance with applicable building odes. This Exclusion does not apply to violations of building codes if notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land bycondemninglt,unless: a. a notice of exercising the right appears In the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks— a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear In the Public Records at the Policy Date; c. that rift 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.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. Lack ofaright: 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 laid. This exclusion does not limit the coverage described in Covered Risk 11 or 15. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following mattes 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 Ian', ordinance or governmental regulation (including but not limited to buddng and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (j) the ocuapancy, use, or enjoyment of the Land; (u) 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 violaton of these laws, off nan or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defe, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion flistAinefican l7ti@ . . Order Number: DIV-664100 (06) Page Number: 13 does not limit the coverage provided under Covered Risks 12, 13, 14 and 15 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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) created, suffered, assumed or agreed to by the Insured Oaimant (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Know,, 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) rafting In no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting In loss or damage Which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. S. 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, except as provided In Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Data of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk S. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of Which are Known to the Insured at (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided In Covered Risk 8, 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by mason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 22 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS \'Then the American Land Title Association loan policy with EAGLE Protection Added Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B 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: Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easemera claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, icarlfllictS in boundary ILnes, shortage in area, encroachments, or any other facts wti cii a correct survey would cisciose, and which are not shown by public records. - S. Linpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6 Any lien, or right to a lien, for sevces, labor or material theretofore or hereafter furmsbed, imposed by law and not shown by the public records. Part Two: HistAnientan Title . . Order Number: DIV-664100 (06) Page Number: 14 The following edsting statutes, reference to which are made part of the A!.TA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. Fist Amentwi Title . . 10 0996111TOM We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policygoverns our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Jnfwmatioa Values, a copy of which can be found on our website at www.firstam.com . Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Induding the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of thetypes of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial Institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. C 2001 The First American Corporation M Rights Reserved