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HomeMy WebLinkAboutCDP 2017-0012; CAVANAUGH ADU; Coastal Development Permit (CDP)• C•City of LAND USE REVIEW Development Services C Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) Coastal Development Permit El Minor El General Plan Amendment Ej Conditional Use Permit 0.0f*El Local Coastal Program Amendment XMinor DI Extension El Day Care (Large)00 12.Li Master Plan Amendment Environmental Impact Assessment El Specific Plan [1]Amendment El Habitat Management Permit El Minor El Zone Change El Hillside Development Permit El Minor El Zone Code Amendment El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits [I]Planned Development Permit (1 Minor El Review Permit Residential ID Non-Residential Administrative Ej Minor El Major ji]Planning Commission Determination 11:1 Reasonable Accommodation Village Review Area Permits Ej Site Development Plan El Minor ID Review Permit Special Use Permit E]Administrative El Minor Di Major 111 Tentative Parcel Map (Minor Subdivision) Ej Tentative Tract Map (Major Subdivision) Ej Variance 111 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:'O 5 -4-8 U(Y --)A... Lk,PROJECT NAME:6k.V CM" • AL %PAK ki kil—nti+-144t-C et 1.1 P%J..) la tfciBRIEF DESCRIPTION OF PROJECT:(0 vol 42.+(.31 ow. cl Gl(1 -‘itsol (• qc.!1/4?...?to (16 Irv/v-'4 (i 11 Li 44- PROJECT VALUE ESTIMATED COMPLETION DATE(SITE IMPROVEMENTS)0-0„(...3 tir -i LOCATION OF PROJECT:I 3 (0 ck.tt yLA 44/ist- STREET ADDRESS ON THE:SIDE OF AL Ca %At.(.‘A414.KA4 (NORTH, SOUTH, EAST, WEST)I (NAME OF STREET) BETWEEN skAtct.4 AND Gk.( (GAME OF sTREET)(NAME OF STREET) DEN toc)5. P-1 Page 1 of 6 Revised 09/16 :2) OWNER NAME (Print):kAj - ‘,kot rayc.„6‘.t.‘APPLICANT NAME (Print):G.A..e.c)../..„0 r-e' MAILING ADDRESS:364 .ivt It.4 MAILING ADDRESS:riy CITY, STATE, ZIP:CA -iskiltd 1c giuct CITY, STATE, ZIP: TELEPHONE:(0 lct So-- 1 -an "l1 TELEPHONE: EMAIL ADDRESS:U ilko f)aLiitt..-tilc 0.41 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. SIGNATURE -(11 DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TIT E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND A SUCCESSORS IN INTEREST. ROP RTY .SUCCESSORSSIGNATURE CITYFEB FOR CITY USE ONLY RE:ElitE F 0 2017 D CARLDATESTalAktigfilft4TrIQNV.8LPVEDviN RECEIVED BY: P-1 Page 2 of 6 Revised 09/16 '4.00 MINOR Develo —'1Servi"s_ sr.COASTAL DEVELOPMENT PERMIT! Planning Division CitY of 1635 Faraday Avenue Carlsbad SINGLE FAMILY RESIDENCE APPLICATION (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale.(Use a scale no smaller than 1" =40'.) I.GENERAL BACKGROUND A.Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost development. The primary basis for determining cost of development will be the application of dollar costs pee er square foot for different types of residential construction.These costs doll r lied throughout San Diego International Conference of Building Officials (ICBO) and are app 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 appropriatg $/square foot fee rate. New Residential Square Footage: square feet x $/sq. ft. =$ Residential Addition Square Footage: square feet x $/sq. ft.$ Any Garage Square Footage: square feet x $/sq. ft. =$ Residential Convarsion Square Footage: L16-0 square feet x $y (I I /sq. ft. =$ct 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: $ B.Do you wish to apply for: 1.A Minor Coastal Development Permit (Under $60,000 cost estimate)17.1 2.A Coastal Development Permit ($60,000 or more cost estimate) C.Street address of proposed development letti /4.4„..e P-6 Page 1 of 6 Revised 08/16 AMON Cfr.R4'3 D.Assessor's Parcel Number of proposed development 0 E.Development Description: Briefly describe project:(Q v%t;-;*31-.Neu itvici 146-cL Is.(co -1C-vi k--C tqc IA -.7 161 LA. F.Describe the present land uses (I.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: South:.0 t •kvvt tt -7 0 ;14 East:Ct —kc IWest:ct.4.1 G.Is project located within a 100-year flood plain? Yes gl No II.PRESENT USE OF PROPERTY A.Are there existing structures on the property?ig]Yes 0 No If yes, please describe. totci (t4 katwt.0-4 s.e B.Will any existing structure be removed/demolished? Yes 4 No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III.LOT COVERAGE clitSitt -4VP1A.Existing and Proposed Existing Proposed Total Building Coverage sq. ft..)-4.1 sq. ft.11‘-‘41 i'sq. ft.14 % Landscaped Area .10 VI •sq. ft.1I_W'-sq. ft.-7 Lam;. 1-sq.ft.1...f5--% Hardscape Area ce)sq. ft.4 trr-)sq. ft.q t.:"(2 sq. ft.ci 0 % -Unimproved Area (Left Natural)v sq. ft.sq. ft.C)sq. ft.G 0 % "-\-\q `(s',M-• • P-6 Page2 of6 Revised 08/16 eft."Ps. %itwe B.Parking:Number of existing spaces ci cfi - ./ Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces C • Is tandem parking existing?0 Yes #N.No Is tandem parking proposed?0 Yes #tallo C.Grade Alteration: Is any grading proposed?0 Yes „Kil•lo 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 P-6 Page 3 of 6 Revised 08/16 • %awe The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I.REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A.SITE PLAN —Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s).Each site plan shall contain the following information: 1.GENERAL INFORMATION Oa.Name,address,and phone number of registered civil engineer,licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob.Location, size and use of all easements. Oc.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 of spaces, and wheel stops. Od.Distance between buildings and/or structures. De.'Building setbacks (front, rear and sides). Of.Location, height and materials of walls and fences. Og.Dimensions/location of signs. Oh. A summary table of the following (if applicable to the application): 0(1)Street address and assessor's parcel number. 0(2)Site acreage. 0(3)Existing Land Use Designation and Zoning. 0(4)Proposed land use.0(5)Total building coverage (in square feet and as a percent). 0(6)Percent of site to be landscaped. 0(7)Number of parking spaces required/provided. 0(8)Square Footage of open or recreational space (if applicable). 0(9)Cubic footage of storage space (if applicable). Oi.All applicable Fire Suppression Zones as required by the City's Landscape Manual. Y B.GRADING AND DRAINAGE PLANS:Grading and drainage plans must be included with this application.In certain areas,an engineering geology report must also be included.Please consult the Planning Division and Land Development Engineering Division representatives 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: 01.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 a 100-foot perimeter of the boundaries of the site.Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02.Earthwork volumes:cut, fill, import and export. 03.Spot elevations at the corners of each pad. 04.Method of draining each lot.Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05.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. 06.Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. P-6 Page 4 of 6 Revised 08116 -MR% C.BUILDING ELEVATIONS AND FLOOR PLANS -Four (4)copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24"x 36"sheet(s).Each building elevation and floor plan shall include the following information: Di.Location and size of storage areas. 02.All buildings, structures, wall and/or fences, signs and exterior lights. 03.Existing and proposed construction. 04.Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05.Building Heights of all structures (top of roof and top of roof projections) u'r D.CONCEPTUAL LANDSCAPE PLANS -Four (4) copies of the site plan shall be submitted if applicable.To determine if a landscape plan is required, consult Chapter 1 -Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal.It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting.Do not mount exhibits. II.REQUIRED DOCUMENTS AND SUBMITTAL ITEMS OA.A completed Land Use Review Application Form. OB.Completed Coastal Development Permit Application. OC.Environmental Impact Assessment Part 1 with Coastal Development Permits.Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. OD.Disclosure Statement. OE.Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF.Completed "Project Description/Explanation" sheet. 0G.Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website.(Distribute copy to Land Development Engineering). OH.If,when completing the Storm Water Standards Questionnaire,the project is subject to "Standard Project,"requirements,submit a completed and signed "Standard Project Requirement Checklist" (form E-36)in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Oi.If,when completing the Storm Water Standards Questionnaire.the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35).DJ.Property Owner's List and Addressed Labels: v"-Sinale Family Residence 1.A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA).The list shall include the SanDiego County Assessor's parcel number from the latest assessment rolls. P-6 Page 5 of 6 Revised 08/16 .„..C , I; /2.Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA.The list must be typed in all CAPITAL LETTERS,left justified, void of punctuation.Fbr any address other than single-family residence, an apartment, suite or building number must be included on a separate line.DO NOTincludeitonthe street address line.DO NOT TYPE ASSESSOR'S PARCEL NUMBER ONLABELS.DO NOT provide addressed envelopes -PROVIDE LABELS ONLY.Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (I I) 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/k-3.600' Radius Map:A map to scale not less than 1"=200' 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 City Planner if the required scale is impractical. 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 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 Assessor's Office.The project will not go forward until this information is received. /Minor Coastal Development Permit 1.100' Radius Owners and 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 mailing labels of the addresses within a 100' radius. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Occupant Occupant OCCUPANT 123 Magnolia Ave., Apt. #3 123 Magnolia Ave.APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 • P-6 Page 6 of 6 Revised 08116 .. (+C.04- sp• City of STORM WATER STANDARDS Development Services(QUESTIONNAIRE Land Development EngineeringCarlsbadE-34 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov ri ;-11,314.0S1 -- 77„S (.?" aitt '' art te - To address post-development pollutants that may be generated from development projects,the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project.Depending on the outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City staff has responsibility for making the final assessment after submission of the development application.If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. T.:4:V.=.5.-t--.5:1,t':3•!1.;I'0*.ONE4ISitv;ts:W..v1WL:.;; PROJECT NAME:1/4 PROJECT ID:Ltv Ll in 4.jCk 6rtky (04.t4 /11(4/1- ADDRESS.•(.1 Li Ck Alk ipALA s 444 .APN:•4-US—no 60 0-0 The project is (check one): ID New Development Redevelopment The total proposed disturbed area is:0 ft2 (j acres The total proposed newly created and/or replaced impervious area is:C ft2 ()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. E-34 Page 1 of 4 REV 02/16 •0 U•oad To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes° to the above question, provide justification below then go to Step 5,mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If ou answered "no" to the above •uestion, the •ro'ect is a 'develo •ment •ro'ect',!o to Ste •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; b)Designed and constructed to be hydraulically disconnected from paved streets or roads; c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark the second box stating "my project is EXEMPT from PDP ..." and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 T• •- To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,0 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 0 $2.more of impervious surface?This includes commercial,industrial,residential,mixed-use,and public development projects on public or private land. 3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 0 17,2°refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project?A hillside 0 pdevelopment project includes development on any natural slope that is twenty-five percent or greater. 5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street,road,highway freeway or driveway?A street,road,highway,freeway or driveway is any paved impervious surface 90 used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site,and discharges directly to an Environmentally Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of o A200 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 shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)0 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 40RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily Traffic (ADT)of 100 or more vehicles per day. 10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?0 4; 11.Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC 021.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment project, go to step 4.If your project is a new project,go to step 5,check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5,check the second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information. E-34 Page 3 of 4 REV 02/16 -rr s+--., .-• Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50%of the surface area of the previously existing development?Complete the percent impervious calculation below: --7 2 Existing impervious area (A)=sq. ft.0 S. Total proposed newly created or replaced impervious area (B)=sq. ft. Percent impervious area created or replaced (B/A)*100 = If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the check the first box statin• "M srdect is a PDP ..." and complete applicant information. El 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 (SWAMP) for submittal at time of application. -72'.y project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note:For projects that are close to meeting the PDP threshold,staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. peigy Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name:tA-.'\ V ekt."Catirati VI Applicant Title:Cu. w`^ Applicant Signature: LA..1 Date:(-(- 1 --( 7 •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. This Box for City Use Only YES NO City Concurrence:El El By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 0 Development Services(City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person kA.'Gu.,/(1.Corp/Part Title 0 u..vvv--Title Address 171.c ViAorattl 44%4 G.014 Address 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, 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 CIA1-"At`ck COV (wciti Corp/Part Title U‘A-44-9--Title Address t Qz et 44 (.4) vu.lk Address CutA4ty..61 CIA • ecie P-1(A)Page 1 of2 Revised 07/10 0 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? nYes \Oo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the bove information is true and correc the best of my ge. 0-A Sign- ti(atu e of o ne date Si re of appli nt/date 1.\ei OAA-)cAr\%41-ek GkOco4 Print or type name of owner Print or type name of applicaht Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 C (City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P -1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Cei.V Go.(4.\6-cAt'Q tovttl (3t 1 IVA /46(-°1)0 r%1 U4)(6 (AA(1 .I APPLICANT NAME:okv (141.61 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: )LAI f‘p t 4ZeI+%-11 Q lAtr—LA .0 „lit(OA P-1(B)Page 1 of 1 Revised 07/10 ao...— .0 0 HAZARDOUS WASTE Development Services e'C'Ay of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P -1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 1 -1 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER CuName:k.A._:.‘ \•ki Iit% t;"4 Gt) 4 Name: Address:11 LA ci V141 0 u (L4 414 Address: (.AA.L..1 (444A (A 1-Cirdi Phone Number:tl S d'"'a-1)i Phone Number: Address of Site:( -3 (-9 cl VIA ct) litu itm /UP (wk (4Lye.C4 er ti Address Agency (City and County): Assessor's book, page, and parcel number:au S—B.3-0 $ U a-c) Specify list(s): Regulatory Identification Number: Date of List: Applicant Sig ture/D e Property Owner Si nature/D to The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C)Page 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website,"While Government Code Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qov/sitecleanup/CorteseList/default.htm www.calepa.ca.qov/database/calsites www.envirostor.dtsc.ca.qov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.qov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.uskleh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.qov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.qov/superfund/sites/npl/npl.htm P-1(C)Page 2 of 2 Revised 02/13 EIA INFORMATION Development Services City of FORM Planning Division Carlsbad P-1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 Revised 07/10 wir ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:--(To be completed by City) Application Number(s):cryp zit)In 00 General Information 1.Name of project:CLAJc.0A0„ 2.Name of developer or project sponsor:tk:t.Cctkic44Ac ti Address:C3 Cs ct AA cA3 vd(1.4 /44-LP City, State, Zip Code:(LA (4 q)ciai Phone Number:')-71 3.Name of person to be contacted concerning this project:Lk ‘7.tw.(at.cvs4 7 CA Address:I710 al tett((44 AA6-1 City, State, Zip Code:C v (4 9 yCI-a-- Phone Number:I k °I 4.Address of Project:1 U Mcki i C 6.i /4441° Assessor's Parcel Number:'a to go "51 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: 6.Existing General Plan Land Use Designation:St N L 7.Existing zoning district: 8.Existing land use(s): 9.Proposed use of site (Project for which this form is filed): Project Description 10.Site size:S of &() 11.Proposed Building square footage:Li Cr() 12:Number of floors of construction: 13.Amount of off-street parking provided: 14.Associated projects: P-1(D)Page 2 of 4 Revised 07/10 **awe .• 15.If residential, include the number of units and schedule of unit sizes: 16.If commercial, indicate the type, whether neighborhoo, city or regionally oriented, square footage of sales area, and loading facilities:Aidpc- 17.If industrial, indicate t e,estimated employment per shift, and loading facilities: 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project:/u4 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required:704 P-1(D)Page 3 of 4 Revised 07/10 • Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial [:=1 alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or D roads. 22.Change in pattern, scale or character of general area of project.153e7 23.Significant amounts of solid waste or litter.0 J 24.Change in dust, ash, smoke, fumes or odors in vicinity.11 =3 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or >z3 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.lg) 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances,Ei flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,Ei etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). ')EP 31.Relationship to a larger project or series of projects. 52:7 Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, 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 knowledge and belief Date:(—Signature:CiPi For: P-1(D)Page 4 of 4 Revised 07/10 C el"i; 1 *0411/ FNTG •je fla.'ll CHICAGO TITLE 0 up Commonwealth' 2365 Northside Drive, Suite 600 San Diego, CA 92108 Fidelity National Title Phone:(619) 521-3500 BUILDER SERVICES Fax:(619) 521-3608 Issuing Policies ofChicago Title Insurance Company ORDER NO.:00066540-996-SD1-KC Escrow/Customer Phone:(619) 521-3500 US Modular Inc.Title Officer:Ken Cyr & Mark Franklin (SD/BS)P.O. Box 235709 Title Officer Phone:(619) 521-3673Encinitas, CA 92023 Title Officer Fax:(619) 521-3608ATTN:Bill Cavanaugh Title Officer Email:TeamCyrFranklin@ctt.comEmail:usmodularincl@aol.com Ref:1369 Magnolia Ave. PROPERTY:13969 MAGNOLIA AVE., CARLSBAD, CA PRELIMINARY REPORT In response to the applicationfor a policy oftitle insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue,or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany 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 ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor certain coverages are also setforth in Attachment One. Copies ofthe 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 offacilitating the issuance of a policy oftitle insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa policy oftitle insurance, a Binder or Commitment should be requested. The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe 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 oftitle and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By r . ..,,,11.,.. Attest12)Randy Quid.President By:43120°-X----- ''. Authorized Signature la. Michael Gravelte Secretary. / CLTA Preliminary Report Form -Modified (11/17/06)Page 1 MI ma la a —Awe 2365 Northside Drive, Suite 600r--.-' ,SN]M.San Diego, CA 92108 Fidelity National Mir Phone:(619) 521-3500[Itl:MC Commonweatth-Fax:(619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE:December 30, 2016 at 7:30 a.m. ORDER NO.:00066540-996-SD1-KC The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Loan Policy (6-17-06) 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: WILLIAM CAVANAUGH,an unmarried man and BARBARA A. CAVANAUGH,a widow as joint tenants 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 2 *"t PRELIMINARY REPORT 4..a0t Chicago Title Company YOUR REFERENCE:1369 Magnolia.ORDER NO.:00066540-996-SD1-KC EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 20955, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21,2012 AS INSTRUMENT NO. 2012-0096336, OF OFFICIAL RECORDS. APN:205-280-80-00 CLTA Preliminary Report Form -Modified (11/17/06)Page 3 PRELIMINARY REPORT 4 '4 Chicago Title Company YOUR REFERENCE:1369 Magnolia Ave.ORDER NO.:00066540-996-SD1-KC 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: A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B.Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:205-280-80-00 Fiscal Year:2016-2017 1st Installment:$3,147.21, open (Delinquent after December 10) Penalty:$314.72 2nd Installment:$3,147.21, open (Delinquent after April 10) Penalty and Cost:$324.72 Homeowners Exemption:None Code Area:09000 C.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 ofthe 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. 1.Matters contained in that certain document Entitled:Local Improvement District Agreement Dated:May 14, 2011 Executed by:City of Carlsbad,a municipal corporation (the City)and William J.Cavanagh (the Owner) Recording Date:March 18, 2011 Recording No:2011-0146537,of Official Records Reference is hereby made to said document for full particulars. 2.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:March 18, 2011 Recording No:2011-0146539,of Official Records Reference is hereby made to said document for full particulars. 3.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:April 1, 2011 Recording No:2011-0169849,of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form— Modified (11/17/06)Page 4 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:1369 Magnolia Ave.ORDER NO.:00066540-996-SD1-KC EXCEPTIONS (Continued) 4.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:September 21, 2011 Recording No:2011-0489970,of Official Records Reference is hereby made to said document for full particulars. 5.A proposed 30' wide reciprocal private utility and drainage easement as depicted on the Map for Parcel Map No. 20955. 6.Matters contained in that certain document Entitled:Covenant for Easement Recording Date:February 21, 2012 Recording No:2012-0096337,of Official Records Reference is hereby made to said document for full particulars. 7.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:March 6, 2012 Recording No:2012-0131247.of Official Records Reference is hereby made to said document for full particulars. 8.Matters contained in that certain document Entitled:Hold Harmless Agreement Panhandle Lots Recording Date:March 6, 2012 Recording No:2012-0131253.of Official Records Reference is hereby made to said document for full particulars. 9.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:March 6, 2012 Recording No:2012-0131254.of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form—Modified (11/17/06)Page 5 — — vilad PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:1369 Magnolia Ave.ORDER NO.:00066540-996-SD1-KC EXCEPTIONS (Continued) 10.A deed of trust to secure an indebtedness in the amount shown below, Amount:$547,000.00 Dated:February 18, 2016 Trustor/Grantor:William Cavanaugh,an unmarried man and Barbara A. Cavanaugh,a widow as joint tenants Trustee:First American Title Company Beneficiary:Mortgage Electronic Registration Systems,Inc.(MERS),solely as nominee for Mega Capital Funding Inc. Loan No.:MIN 100089200008085746 Recording Date:March 7, 2016 Recording No:2016-097852 of Official Records 11.Water rights, claims or title to water, whether or not disclosed by the public records. 12.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey ofsaid Land that is satisfactory to the Company, and/or by inquiry ofthe parties in possession thereof. 13.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review,a full and complete copy of any unrecorded agreement, contract,license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form Modified (11/17/06)Page 6 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:1369 Magnolia Ave.ORDER NO.:00066540-996-SDI-KC REQUIREMENTS SECTION None END OF REQUIREMENTS CLTA Preliminary Report Form —Modified (11/17/06)Page 7 tem"'c FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information.A summary of our privacy practices is below.We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information,information directly from you from applications, forms, or social security number (SSN),driver's license,other communications we receive from you,or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser,products or services to you. We may also collect browsing computer and/or mobile device.information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information.We may use your information Security Of Your Information. We utilize a combination to provide products and services to you (or someone on of security technologies, procedures and safeguards to help your behalf), to improve our products and services, and to protect your information from unauthorized access,use communicate with you about our products and services. We and/or disclosure. We communicate to our employees about do not give or sell your personal information to parties the need to protect personal information. outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit When We Share Information.We may disclose your personal information is entirely up to you. You can opt-out information to third parties providing you products and of certain disclosures or use of your information or choose services on our behalf,law enforcement agencies or to not provide any personal information to us.governmental authorities,as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website. We are not responsible for information from children under the age of 13,and our the privacy practices of third parties,even if our website websites are not intended to attract children.links to those parties' websites. Access and Correction.If you desire to see the Do Not Track Disclosures. We do not recognize "do not information collected about you and/or correct any track" requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act.Certain International Use.By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer, processing and storage of such loan servicers.The mortgage loan servicer is responsible information outside your country of residence,as well as for taking action or making changes to any consumer the fact that we will handle such information consistent information submitted through those websites.with this Privacy Notice. Your Consent To This Privacy Notice.By submitting Contact FNF.If you halve questions or wish to contact us information to us and using our websites, you are accepting regarding this Privacy Notice,please use the contact and agreeing to the terms ofthis Privacy Notice.information provided at the end ofthis Privacy Notice. FNF Privacy Notice Effective:April 1,2016 • FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. 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Privacy Notice to you does not create any express or implied Use of Collected Information relationship,nor create any express or implied duty or other Information collected by FNF is used for three main purposes: obligation, between FNF and you.•To provide products and services to you, or to one or more Types of Information Collected third party service providers who are performing services on We may collect two types of information: Personal Information your behalf or in connection with a transaction involving and Browsing Information.you; • PersonalInformation.The types of personal information FNF To improve our products and services; and collects may include, but are not limited to:•To communicate with you and to inform you about FNF's products and services.•contact information (e.g.,name,address,phone number, email address);When We Share Information •social security number (SSN),driver's license,and other We may share your Personal Information (excluding information government ID numbers; and we receive from consumer or other credit reporting agencies) and •financial account or loan information.Browsing Information with certain individuals and companies,as permitted by law,without first obtaining your authorization.Browsing Information. The types of browsing information FNF Such disclosures may include, without limitation, the following:collects may include, but are not limited to:•to agents,representatives,or others to provide you with •Internet Protocol (or IP)address or device ID/UDID,services or products you have requested, and to enable us to protocol and sequence information;detect or prevent criminal activity,fraud,or material •browser language;misrepresentation or nondisclosure; •browser type;•to third-party contractors or service providers who provide •domain name system requests;services or perform other functions on our behalf; •browsing history;•to law enforcement or other governmental authority in •number ofclicks;connection with an investigation,or civil or criminal •hypertext transfer protocol headers; and subpoenas or court orders; and/or •application client and server banners.•to other parties authorized to receive the information in connection with services provided to you or a transactionHow Information is Collected involving you. 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We make efforts to ensure third party contractors and service We may collect Browsing Information from you as follows:providers who provide services or perform functions on our •Browser Log Files.Our servers automatically log,collect behalf protect your information.We limit use of your and record certain Browsing Information about each visitor information to the purposes for which the information was to the Website.The Browsing Information includes only provided. We do not give or sell your information to third parties generic information and reveals nothing personal about the for their own direct marketing use. user.We reserve the right to transfer your Personal Information,•Cookies.From time to time, FNF may send a "cookie" to Browsing Information,as well as any other information,inyour computer when you visit the Website.A cookie is a connection with the sale or other disposition of all or part of the FNF Privacy Notice Effective:April 1,2016 /mos *tad FNF business and/or assets,or in the event of our bankruptcy,instances, we may collect certain information on behalf of that reorganization, insolvency, receivership or an assignment for the mortgage loan servicer, including: benefit of creditors. You expressly agree and consent to the use •first and last name; and/or transfer ofthis information in connection with any of the •property address; above-described proceedings.We cannot and will not be •user name and password; responsible for any breach of security by any third party or for •loan number; any actions ofany third party that receives any ofthe information -social security number -masked upon entry; that is disclosed to us.•email address; •security questions and answers; andChoicesWith Your Information •IP Whetheryou submit your information to FNF is entirely up to address. you.If you decide not to submit your information, FNF may not The information you submit is then transferred to your mortgage be able to provide certain products or services to you. You may loan servicer by way of CCN. The mortgage loan servicer is choose to prevent FNF from using your information under responsible for taking action or making changes to any certain circumstances ("opt out"). You may opt out of receiving consumer information submitted through this website. For communications from us about our products and/or services.example,if you believe that your payment or user Security And Retention Of Information information is incorrect,you must contact your mortgage FNF is committed to protecting the information you share with loan servicer. us and utilizes a combination of security technologies,CCN does not share consumer information with third parties, procedures and safeguards to help protect it from unauthorized other than those with which the mortgage loan servicer has access,use and/or disclosure.FNF trains its employees on contracted to interface with the CCN application.All sections of privacy practices and on FNF's privacy and information security this Privacy Notice apply to your interaction with CCN, except policies.FNF works hard to retain information related to you for the sections titled Choices with Your Information, and Access only as long as reasonably necessary for business and/or legal and Correction.If you have questions regarding the choices you purposes.have with regard to your personal information or how to access or correct your personal information, contact your mortgage loanInformation From Children servicer.The Website is meant for adults. The Website is not intended or designed to attract children under the age ofthirteen (13). We do Access and Correction not collect Personal Information from any person that we know To access your Personal Information in the possession of FNF to be under the age of thirteen (13) without permission from a and correct any inaccuracies,please contact us by email at parent or guardian.privacy@fnf.com or by mail at: Privacy Outside the Website Fidelity National Financial, Inc. The Website may contain links to other websites, including links 601 Riverside Avenue to websites of third party service providers.FNF is not and Jacksonville, Florida 32204 cannot be responsible for the privacy practices or the content of Attn: Chief Privacy Officer any of those other websites.Your Consent To This Privacy Notice International Users By submitting Personal Information and/or Browsing Because FNF's headquarters is located in the United States, we Information to FNF, you consent to the collection and use of may transfer your Personal Information and/or Browsing information by FNF in compliance with this Privacy Notice. 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Fidelity National Financial, Inc. such as the Customer CareNet ("CCN"), FNF is acting as a third All Rights Reserved. party service provider to a mortgage loan servicer.In those EFFECTIVE AS OF APRIL 1,2016 FNF Privacy Notice Effective:April 1,2016 %e 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 ofeach 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 ofthis notice does not constitute a waiver of the consumer's right to be charged the field rate. As such,your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more ofthe 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 each discount. These discounts only apply to transaction 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. FNF Underwritten Title Company FNF Underwriter CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance ofthe original report or commitment, the order may be reopened within 12 months and all or a portion ofthe charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date ofthe report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months ofthe date ofa declaration of a disaster area by the government ofthe 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 50%of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope ofthe normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title insurance rate, depending on the type of coverage selected.The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type ofcoverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom,as a party to the transaction. CA Discount Notice Effective Date:1 -10-2010 Amok 1%mar" No/ ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 ofthe 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 enfoh.ement 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 ofPolicy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice ofa 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 ofeminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date ofPolicy, 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 ofPolicy, 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 ofthe inability or failure of the insured at Date ofPolicy, or the inability or failure ofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. 5.Invalidity or unenforceability ofthe 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 ofthe transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation offederal 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 ofsuch proceedings, whether or not shown by the records ofsuch agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation ofthose portions ofany 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 partofthem, 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 limitthe coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14)CA & NV C c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack ofa right: a.to any land outside the area specifically described and referred to in paragraph 3 ofSchedule 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: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00%%of Policy Amount Shown in Schedule A or Covered Risk 16:$2,500.00 (whichever is less)$10,000.00 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 18:$5,000.00 (whichever is less)$ 25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 19:$5,000.00 (whichever is less)$ 25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 21:$2,500.00 (whichever is less)$ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; 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 ofeminent 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 ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien ofthe Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)ofthis policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or 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: Attachment One (6-5-14)CA & NV ,. (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policywill also include the following Exceptions from Coverage: I.(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 ofsuch agency or by the Public Records. 2.Any facts, tights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I ofthis Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 ofthe Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision ofland; 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 ofeminent 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 toby 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 ofthis 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 ofrecording ofthe deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.(Variable exceptions such as taxes, easements,CC&R's,etc. shown here.) Attachment One (6-5-14) CA & NV sodNur ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d), 14 or 16. 2.Rights ofeminent 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 ofPolicy, 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 ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17,18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because ofthe inability or failure ofan Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack ofpriority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limitthe coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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