HomeMy WebLinkAboutCDP 2017-0018; POLZIN RESIDENCE; Coastal Development Permit (CDP)C'ity of LAND USE REVIEW Development Services
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)
El CopPCoastal Development Permit 0 Minor 0 General Plan Amendment20•IS0Conditional Use Permit 0 Local Coastal Program Amendment0Minor Extension
O Day Care (Large)0 Master Plan 0 Amendment
O Environmental Impact Assessment 0 Specific Plan 0 Amendment
O Habitat Management Permit 0 Minor 0 Zone Change
ri Hillside Development Permit 0 Minor 0 Zone Code Amendment
O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
O Planned Development Permit 0 Minor 0 Review Permit
0 Residential 0 Non-Residential Administrative 0 Minor 0 Major
O Planning Commission Determination
O Reasonable Accommodation Village Review Area Permits
0 Site Development Plan Minor 0 Review Permit
O Special Use Permit 0 Administrative 0 Minor 0 Major
O Tentative Parcel Map (Minor Subdivision)
O Tentative Tract Map (Major Subdivision)
O Variance 0 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).:206-180-40
PROJECT NAME:Polzin Residence
BRIEF DESCRIPTION OF PROJECT:One single family detached residential unit on an existing single family lot
PROJECT VALUE
(SITE IMPROVEMENTS)$500,000 ESTIMATED COMPLETION DATE 2018
LOCATION OF PROJECT:North side of Adams Street
STREET ADDRESS
ON THE:North SIDE OF Adams Street
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN Hoover Street AND Highland Drive
(NAME OF STREET)(NAME OF STREET)
°E-Vac)n -P°(6gP-1 Page 1 of 6 Revised"o
OWNER NAME (Print):Joseph & Deidre Polzin APPLICANT NAME (Print):Joseph & Deidre Polzin
MAILING ADDRESS:39408 Cardiff Ave.MAILING ADDRESS:39408 Cardiff Ave.
CITY, STATE, ZIP:Murrieta, CA 92563 CITY, STATE, ZIP:Murrieta, CA 92563
TELEPHONE:(760) 931 -0780 TELEPHONE:(760) 931 -0780
EMAIL ADDRESS:joepolzin@me.com EMAIL ADDRESS:joepolzin@me.com
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 ,
RPOSES OF
H7pATION.
NATUF?"'qb.4.i.DATE SI NATUt 44-DA I 1
APPLICANT'S REPRESENTATIVE (Print):Paul J. Klukas -PLANNING SYSTEMS
MAILING ADDRESS:1530 Faraday Ave. #100
CITY, STATE, ZIP:Carlsbad, CA 92008
TELEPHONE:(760 931 -0780 x104
EMAIL ADDRESS:pklukas@planningsystems.net
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFO ATION IS TRUE AND CORRECT TO THE BEST OF MY
K
EDGE.1160/V-1 1 VL 1
1
36 i(7
SIGNATURE DA E
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
T LAND AND BI D CESSORS IN INTEREST.
ROP T 0 SIGNATURE
FOR CITY USE ONLY
RECEIVED
MAR 2 7 2017
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
e•IVIAAH.reker.
P-1 Page 2 of 6 Revised 09/16
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.)
PersorrT050--1 Corp/Part
Title Z1-&2.e -c..-_1--)eSzAnS1'144voL.../ t7z.us.-r-Title
Address Sq.-1-oR CA-R.>i7 i=A-ue.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.)
Person30.1.--—ctiare_2:06.kw\Corp/Part
Cc q":"(r--itle
Address fl 4d'(A.N4 --Address
P-1(A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non 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 No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
(m
vt.4 3-0 1 &1.130)17S gna re f ow /date S at re applic6dat
n i'roti 7Print or type name of owner Print or ty e name of applicant
Signature of owner/applicant's agent if applicable/date
Paul J. Klukas -PLANNING SYSTEMS
Print or type name of owner/applicant's agent
P-1 (A)Page 2 of 2 Revised 07/10
Ar C.of PROJECT DESCRIPTION Development ServicestyPlanning Division
Carlsbad P-1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Polzin Residence Coastal Development Permit
APPLICANT NAME:Joseph and Deidre Poizin
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:
The proposed project involves the development of a 3,695 sf single family home on an
existing 0.35 acre single family lot (R-1 -10 Zone) on the north side of Adams Street,
between Hoover Street and Highland Drive.The property is presently vacant land.
The single family home development will include a house, driveway, landscaping, decks
and covered patios.Earthwork for the project will total 2,500 cubic yards of cut and
2,470 cubic yards of fill, for an approximate balanced grading operation.The house will
be a maximum of 30 feet in height.
P-1(B)Page 1 of 1 Revised 07/10
PHOTOS OF POLZIN LOT (Taken 3/24/17)
•
1
..
,az.var
View of Polzin lot from Adams St (near southeast corner of lot)
4_1 of
,j
'"..A:tecteeStr ;Y.!
,
ee451-tC".‘;E:11
View of Polzin lot from Adams St. (near southwest corner of lot)
HAZARDOUS WASTE Development ServicesCcityofAND 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.
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
Name:Joseph & Deidre Polzin Name:Joseph & Deidre Polzin
Address:39408 Cardiff Ave.Address:39408 Cardiff Ave.
Murrieta, CA 92563 Murrieta, CA 92563
Phone Number:(760) 931 -0780 Phone Number:(760) 931 -0780
Address of Site:North side Adams St. between Highland Dr. and Hoover St.
Local Agency (City and County):Carlsbad, San Diego County
Assessor's book, page, and parcel number:206-18-040
Specify list(s):CALEPA, NPL, CERCLIS, LUST, SWIS, HAZNET
Regulatory Identification Number:N/A
Date of List:Database review 1/20/17
•
•1)30)17Aplicnt Sig tur ate Pro•y 0 k-r Sig ure/D
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
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:3 -2 -
7 1 7 (To be completed by City)
Application Number(s):CDP 2011 -
General Information
1.Name of project:Polzin Residence
2.Name of developer or project sponsor:Joe and Dee Dee Polzin
Address:39408 Cardiff Ave.
City, State, Zip Code:Murrieta, CA 92563
Phone Number:(760) 931 -0780
3.Name of person to be contacted concerning this project:Paul Klukas
Address:1530 Faraday Ave. #100
City, State, Zip Code:Carlsbad, CA 92008
Phone Number:(760) 931 -0780 x104
4.Address of Project:North side of Adams St.
Assessor's Parcel Number:206-180-40
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
None
6.Existing General Plan Land Use Designation:R-4
7.Existing zoning district:R-1 -15
8.Existing land use(s):Vacant
9.Proposed use of site (Project for which this form is filed):SF0
Project Description
10.Site size:0.35 acre
11.Proposed Building square footage:3695 sf (including garage)
12:Number of floors of construction:3
13.Amount of off-street parking provided:3
14.Associated projects:None
P-1(D)Page 2 of 4 Revised 07/10
15.If residential, include the number of units and schedule of unit sizes:
One unit.3,695 sf (including garage)
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
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 I=1
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or El
roads.
22.Change in pattern, scale or character of general area of project.
23.Significant amounts of solid waste or litter.0 I=1
24.Change in dust, ash, smoke, fumes or odors in vicinity.
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or p
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.
27.Site on filled land or on slope of 10 percent or more.0
28.Use of disposal of potentially hazardous materials,such as toxic substances,D
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,Ei 111
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31.Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
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 knowl ge and belief.
3 it (/t/t) 9Date:Signature:
For:Planning Systems
P-1(D)Page 4 of 4 Revised 07/10
Polzin Residence
Sheet to accompany EIA
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 ofthe structures.
The project is presently in a vacant, ungraded condition.The property is considered foothill terrain, sloping
from a high point of 122 feet msl at the northeastern corner property line, to a low point of 88 feet msl at
the southwesterly corner ofthe lot.Drainage across the site is generally characterized as sheet flow.The
subject site is located in an urbanized area ofthe City ofCarlsbad and has been highly disturbed and
regularly maintained over the years.Existing on-site plant associations include only two land cover
types; Non-native Grassland and Disturbed Land.No coastal sage scrub or other sensitive habitat
communities exist on the property.No structures exist on the site.
33.Describe the surrounding properties, including information on plants and animals and any cultural,
historical or scenic aspects.Indicate the type ofland use (residential, commercial, ets), intensity ofland use
(one-family, apartment houses, shops, department stores, etc.), and scale ofdevelopment (height, frontage,
setback,rear yard etc.).
The parcel is generally rectangular, 0.35 acre in size, and is located on the north side of Adams Street,
between Hoover Street and Highland Drive.The parcel is located in an urbanized setting, surrounded on
the north, east and west by single family lots/homes.Across Adams Street to the south, vacant land
containing natural DCSS habitat exists with Agua Hedionda Lagoon further to the south and beyond.
TIME LIMITS ON Development Services
C City Of DISCRETIONARY Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610
P-1(E)www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
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..'.--•Applicant Signature:--)0-0 6.Staff Signature:—_)4
Date:0101 2011
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
STANDARD PROJECT'''Development Services
City of REQUIREMENT Land Development Engineering
CHECKLIST 1635 Faraday Avenue
Carlsbad E-36 760-602-2750
www.carlsbadca.gov
Project Information
Project Name:Polzin Residence
Project ID:CDP 2017-0018
DWG No. or Building Permit No.:
Source Control BMPs
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.
See Chapter 4 and Appendix E.1 of the BMP Design Manual for information to implement source control BMPs
shown in this checklist.
Answer each category below pursuant to the following.
•"Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1
of the Model BMP Design Manual. Discussion/justification is not required.
•"No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must
be provided.
•"N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 gYes No 0 N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage D Yes 0 No N/A
Discussion/justification if SC-2 not implemented:
not proposed
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run -On,0 Yes 0 No ffN/A
Runoff, and Wind Dispersal
Discussion/justification if SC-3 not implemented:
not proposed
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Yes 0 No IZ N/A
Runoff, and Wind Dispersal
Discussion/justification if SC-4 not implemented:
not proposed
SC-5 Protect Trash Storage Areas from Rainfall, Run-On,Runoff, and Wind Yes 0 No PI N/A
Dispersal
Discussion/justification if SC-5 not implemented:
not proposed
RECP1.4%/nft..:)tv,,d v
JUL 10 201?
PCLITYNN'OF:CAI
E-36 .L_013AD Page 1 of 3 REV 02/16AI\IG DIV
,-
Source Control Requirement Applied?
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must
answer for each source listed below and identify additional BMPs. (See
Table in Appendix E.1 of BMP Manual for guidance).
GR On-site storm drain inlets 51 Yes No N/A
&31 Interior floor drains and elevator shaft sump pumps El Yes No N/A
Interior parking garages Yes No [g N/A
Need for future indoor & structural pest control Yes No IN N/A
Landscape/Outdoor Pesticide Use Yes No IX N/A
Pools,spas, ponds, decorative fountains, and other water features Yes No 3l N/A
Food service Yes No a N/A
xi Refuse areas IN Yes No N/A
Industrial processes Yes No XI N/A
Outdoor storage of equipment or materials Yes No t N/A
Vehicle and Equipment Cleaning Yes No )0 N/A
Vehicle/Equipment Repair and Maintenance Yes No id N/A
Fuel Dispensing Areas Yes No l N/A
Loading Docks Yes No k N/A
EX Fire Sprinkler Test Water [ZI Yes No N/A
Miscellaneous Drain or Wash Water Yes No N/A
IX Plazas, sidewalks, and parking lots Pi Yes No 0 N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
SEE ATTACHED APENDIX E.1
E-36 Page 2 of 3 REV. 02/16
•
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual for information to implement site design BMPs
shown in this checklist.
Answer each category below pursuant to the following.
•"Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2
thru E.6 of the Model BMP Design Manual. Discussion /justification is not required.
•"No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must
be provided.
•"N/A" means the BMPs is not applicable at the project site because the project does not include the feature that
is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve).
Discussion/justification may be provided.
Site Design Requirement Applied?
SD-1 Maintain Natural Drainage Pathways and Hydrologic Features MYes No N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation Yes No I N/A
Discussion/justification if SD-2 not implemented:
There are none existing.
SD-3 Minimize Impervious Area 2 Yes No N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction 2FYes No N/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion aYes No N/A
Discussion/justification if SD-5 not implemented:
SD-6 Runoff Collection Yes )0 No N/A
Discussion/justification if SD-6 not implemented:
not feasible
SD-7 Landscaping with Native or Drought Tolerant Species 2 Yes No N/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precipitation Yes No N/A.
Discussion/justification if SD-8 not implemented:
not feasible
E-36 Page 3 of 3 REV. 02/16
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Moir. Project Shall Consider These Source Control BNIPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table Operational BMPs—Include in
Runoff Pollutants Drawings and Narrative Table and Narrative
X A.Onsite storm drain Locations of inlets. Mark all inlets with the words "No Maintain and periodically repaint
inlets Dumping! Flows to Bay" or similar.or replace inlet markings.0XProvidestormwaterpollution
Not Applicable prevention information to new
site owners, lessees, or operators.
X See applicable operational BMPs
in Fact Sheet SC-44,"Drainage
System Maintenance,"in the
CASQA Stormwater Quality
Handbooks at
www.cabmphandbooks.com.
Include the following in lease
agreements:"Tenant shall not
allow anyone to discharge
anything to storm drains or to
store or deposit materials so as to
create a potential discharge to
storm drains."
E-3 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Bc
on the.Project Site ...... Then Your Project shall consider These Source Control I3MPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table Operational BMPs—Include in
Runoff Pollutants Drawings and Narrative Table and Narrative
$B. Interior floor drains 0 State that interior floor drains and X Inspect and maintain drains to
and elevator shaft elevator shaft sump pumps will be prevent blockages and overflow.0sump pumps plumbed to sanitary sewer.
O Not Applicable
O C.Interior parking 0 State that parking garage floor 0 Inspect and maintain drains to
garages drains will be plumbed to the prevent blockages and overflow.
X Not Applicable sanitary sewer or an approved BMP
Dl.Need for future 0 Note building design features that 0 Provide Integrated Pest
indoor &structural discourage entry of pests.Management information to
pest control owners, lessees, and operators.
X Not Applicable
E-4 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control BM Ps
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table Operational BMPs—Include in
Runoff Pollutants Drawings and Narrative Table and Narrative
Ll D2.Landscape/0 Show locations of existing State that final landscape plans will 0 Maintain landscaping usingOutdoorPesticidetreesorareasofshrubsandaccomplish all of the following.minimum or no pesticides.Use ground cover to be 0 Preserve existing drought tolerant trees,0 See applicable operationalXNot Applicable undisturbed and retained.shrubs,and ground cover to the BMPs in Fact Sheet SC-41,0 Show self-retaining landscape maximum extent possible."Building and Grounds
areas,if any.Maintenance,"in the CASQA0Showstormwatertreatment0DesignlandscapingtominimizeffStormwaterQuality Handbooksirrigationandrunoff,to promotefacilities.surface infiltration where appropriate,at www.cabmphandbooks.com.
and to minimize the use of fertilizers 0 Provide IPM information to
and pesticides that can contribute to new owners,lessees and
storm water pollution.operators.
O Where landscaped areas are used to
retain or detain storm water,specify
plants that are tolerant of periodic
saturated soil conditions:
O Consider using pest-resistant plants,
especially adjacent to hardscape.
O To ensure successful establishment,
select plants appropriate to site soils,
slopes,climate,sun,wind,rain,land
use,air movement,ecological
consistency, and plant interactions.
E-5 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Bc
on the Project Site ...... Then Your Project shall consider "These Source Control l3MPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table Operational BMPs—Include
Runoff Pollutants Drawings and Narrative in
Table and Narrative
0 E.Pools, spas, ponds,0 Show location of water feature 0 Pool backwash to be plumbed to the 0 See applicable operational
decorative fountains,and a sanitary sewer cleanout in sanitary sewer.Place a note on the BMPs in Fact Sheet SC-72,
and other water an accessible area within 10 feet.plans and state in the narrative that "Fountain and Pool
features.this connection will be made Maintenance," in the CASQA
X Not Applicable according to city requirements.Stormwater Quality
Handbooks at
www.cabrophandbooks.com.
LI F. Food service 0 For restaurants,grocery stores,0 Describe the location and features of
X Not Applicable and other food service the designated cleaning area.
operations,show location 0 Describe the items to be cleaned in
(indoors or in a covered area this facility and how it has been sized
outdoors)of a floor sink or other to ensure that the largest items can be
area for cleaning floor mats,accommodated.
containers, and equipment.
0 On the drawing, show a note that 0
this drain will be connected to a
grease interceptor before
discharging to the sanitary sewer.
E-6 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Bc
on the Project Site ...... Then Your Project shall consider These Source Control 13MR.
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table Operational BMPs—Include in
Runoff Pollutants Drawings and Narrative Table and Narrative
X G. Refuse areas U Show where site refuse and 0 State how site refuse will be X State how the following will be
0 Not Applicable recycled materials will be handled and provide supporting implemented:
handled and stored for pickup.detail to what is shown on plans.Provide adequate number of
0 If dumpsters or other receptacles State that signs will be posted on receptacles.Inspect receptacles
are outdoors,show how the or near dumpsters with the words regularly; repair or replace leaky
designated area will be covered,"Do not dump hazardous receptacles.Keep receptacles
graded,and paved to prevent materials here" or similar.covered.Prohibit/prevent
run-on and show locations of dumping of liquid or hazardous
berms to prevent runoff from wastes.Post "no hazardous
the area.Also show how the materials" signs. Inspect and pick
designated area will be protected up litter daily and clean up spills
from wind dispersal.immediately.Keep spill control
materials available on-site.See0Anydrainsfromdumpsters,
compactors, and tallow bin areas Fact Sheet SC-34,"Waste
shall be discharged to an Handling and Disposal"in the
approved BMP.CASQA Stormwater Quality
Handbooks at ;0 Refer to City Standard Drawing
GS-16 for details.www.cabmphandbooks.com.
E-7 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control Br\ Ws
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Table and Operational BMPs—Include
Runoff Pollutants Drawings Narrative in Table and Narrative
Table and Narrative
0 H.Industrial 0 Show process area.0 If industrial processes are to be located 0 See Fact Sheet SC-10,"Non-e N
processes.onsite, state:"All process activities to be Stormwater Discharges" in the t i
X Not Applicable performed indoors.No processes to CASQA Stormwater Quality
drain to exterior or to storm drain Handbooks at
system."www.cabmphandbooks.com.
0 I. Outdoor storage of 0 Show any outdoor storage 0 Include a detailed description of 0 See the Fact Sheets SC-31,
equipment or areas,including how materials materials to be stored, storage areas, and "Outdoor Liquid Container
materials.(See rows J will be covered.Show how structural features to prevent pollutants Storage" and SC-33,"Outdoor
and K for source areas will be graded and from entering storm drains.Storage of Raw Materials"in
control measures for bermed to prevent run-on or the CASQA StormwaterWhereappropriate,reference
vehicle cleaning,runoff from area and protected Quality Handbooks atdocumentationofcompliancewith the
repair,and from wind dispersal.www.cabmphandbooks.com.requirements of local Hazardous
maintenance.)0 Storage of non-hazardous Materials Programs for:
X Not Applicable liquids shall be covered by a •Hazardous Waste Generationroofand/or drain to the i .
sanitary sewer system,and be •Hazardous Materials Release -k.;
contained by berms,dikes,Response and Inventory
liners, or vaults.•California Accidental Release
0 Storage of hazardous materials Prevention Program
and wastes must be in •Aboveground Storage Tank
compliance with the city's •Uniform Fire Code Article 80hazardousmaterialsordinanceSection103(13)&(c)1991andaHazardousMaterials
Management Plan for the site.•Underground Storage Tank
E-8 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control BMPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Drawings Permanent Controls—List in Operational BMPs—Include in
Runoff Pollutants Table and Narrative Table and Narrative
0 J.Vehicle and 0 Show on drawings as appropriate: If a car wash area is not Describe operational measures to
Equipment Cleaning provided, describe measures implement the following (if
(1)Commercial/industrial facilities havingXNot Applicable taken to discourage onsite applicable):()vehicle /equipment cleaning needs shall either car washing and explain howprovideacovered, beamed area for washing these will be enforced.
activities or discourage vehicle/equipment Washwater from vehicle and
washing by removing hose bibs and installing equipment washing operations
signs prohibiting such uses.shall not be discharged to the
(2)Commercial car wash facilities shall be storm drain system.
designed such that no runoff from the facility 0 Car dealerships and similar
is discharged to the storm drain system.may rinse cats with water only.
Wastewater from the facility shall discharge to 0 See Fact Sheet SC-21, "Vehicle
the sanitary sewer, or a wastewater reclamation and Equipment Cleaning," in
system shall be installed.the CASQA Stormwater
Quality Handbooks at
www.cabmphandbooks.com
E-9 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Moir Project shall consider These Soave('Control BNIPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Operational BMPs—Include in
Runoff Pollutants Drawings Table and Narrative Table and Narrative
2 K.0 Accommodate all vehicle 0 State that no vehicle repair or In the report, note that all of the following
Vehicle/Equipment equipment repair and maintenance will be done restrictions apply to use the site:
Repair and maintenance indoors or designate outdoors, or else describe the 0 No person shall dispose of, nor permit (.4)Maintenance an outdoor work area and design required features of the the disposal,directly or indirectly ofXNotApplicabletheareato protect from rainfall,outdoor work area.vehicle fluids,hazardous materials,orrun-on runoff, and wind dispersal.0 State that there are no floor rinsewater from parts cleaning into
D Show secondary containment for drains or if there are floor storm drains.
exterior work areas where motor drains,note the city from 0 No vehicle fluid removal shall beoil,brake fluid,gasoline,diesel which an industrial waste onfuel,radiator fluid,acid-discharge permit will be performed outside a building,nor
asphalt or ground surfaces,whethercontainingbatteriesorotherobtained and that the design inside or outside a building,except inhazardous materials or hazardous meets city's requirements.such a manner as to ensure that anywastes are used or stored. Drains .00State that there are no tanks,spilled fluid will be in an area ofshallnot be installed within the containers or sinks to be used secondary containment.Leakingsecondary containment areas.for parts cleaning or rinsing vehicle fluids shall be contained or0Addanote on the plans that states or,if there are, note the city drained from the vehicle immediately.
either (1) there are no floor drains,from which an industrial 0 No person shall leave unattended drip (,)or (2)floor drains are connected waste discharge permit will be parts or other open containerstowastewaterpretreatmentobtained and that the design containing vehicle fluid,unless suchsystemsprior to discharge to the meets city's requirements.containers are in use or in an area ofsanitarysewerandanindustrialsecondary containment.waste discharge permit will be
obtained.
E-10 February 2016
•
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...Then Your Project shall consider These Source Control BMPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Operational BMPs—Include in
Runoff Pollutants Drawings Table and Narrative Table and Narrative
L.Fuel Dispensing 0 Fueling areas'shall have 0 The property owner shall dry sweep
Areas impermeable floors (i.e.,portland the fueling area routinely.
X Not Applicable cement concrete or equivalent 0 See the Business Guide Sheet,•smooth impervious surface)that "Automotive Service—Service
are (1)graded at the minimum Stations" in the CASQA StormwaterslopenecessarytopreventQualityHandbooksat
ponding;and (2)separated from www.cabmphandbooks.com.the rest of the site by a grade break
that prevents run-on of storm
water to the MEP.
U Fueling areas shall be covered by a
canopy that extends a minimum of
ten feet in each direction from each
pump.[Alternative:The fueling
area must be covered and the
cover's minimum dimensions must
be equal to or greater than the area
within the grade break or fuel
dispensing areal.]The canopy [or
cover]shall not drain onto the
fueling area.
1.The fueling area shall be defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose
and nozzle assembly may be operated plus a minimum of one foot, whichever is greater.
E-11 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control BNIPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Operational BMPs—Include in
Runoff Pollutants Drawings Table and Narrative Table and Narrative
M. Loading Docks 0 Show a preliminary design for the 0 Move loaded and unloaded items
X Not Applicable loading dock area,including indoors as soon as possible.
roofing and drainage.Loading 0 See Fact Sheet SC-30,"Outdoor )
docks shall be covered and/or Loading and Unloading,"in thegraded to minimize run-on to and CASQA Stormwater Qualityrunoff from the loading area.Roof Handbooks at
downspouts shall be positioned to www.cabmphandbooks.com.direct storm water away from the
loading area.Water from loading
dock areas should be drained to an
approved BMP.Direct
connections to storm drains from
depressed loading docks are
prohibited.
0 Loading dock shall be equipped
with a spill control valve or
equivalent device,which shall be
kept closed during periods of
operation.
0 Provide a roof overhang over the
loading area or install door skirts
(cowling)at each bay that enclose
the end of the trailer.
E-12 February 2016
•
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control BMPs
1 2 3 4
Potential Sources of Permanent Controls—Permanent Controls—List in Table and Operational BMPs—Include in
Runoff Pollutants Show on Drawings Narrative Table and Narrative
X N.Fire Sprinkler 0 Provide a means to drain fire sprinkler test water X See the note in Fact Sheet SC-
Test Water to the sanitary sewer or approved BMP.41,"Building and Grounds
0 Not Applicable Maintenance,"in the CASQA 0StormwaterQuality
Handbooks at
www.cabmphandbooks.com.
0.Miscellaneous Drain or 0 Boiler drain lines shall be directly or indirectlyWash Water connected to the sanitary sewer system and may
O Boiler drain lines not discharge to the storm drain system.
O Condensate drain 0 Condensate drain lines may discharge to
lines landscaped areas if the flow is small enough that
Rooftop runoff will not occur. Condensate drain lines may
equipment not discharge to the storm drain system.
Drainage sumps 0 Rooftop mounted equipment with potential to
produce pollutants shall be roofed and/or have
O Roofing,gutters,secondary containment.and trim 0 Any drainage sumps onsite shall feature a
Not Applicable sediment sump to reduce the quantity of sediment
in pumped water.
U Avoid roofing, gutters, and trim made of copper
or other unprotected metals that may leach into
runoff.
E-13 February 2016
Appendix E: BMP Design Fact Sheets
If These Sources Will Be
on the Project Site ...... Then Your Project shall consider These Source Control RMPs
1 2 3 4
Potential Sources of Permanent Controls—Show on Permanent Controls—List in Operational BMPs—Include in
Runoff Pollutants Drawings Table and Narrative Table and Narrative
X P. Plazas, sidewalks,X Plazas, sidewalks, and parking lots shall
and parking lots.be swept regularly to prevent the
0 Not Applicable accumulation of litter and debris.
Debris from pressure washing shall be
collected to prevent entry into the storm
drain system. Washwater containing any
cleaning agent or degreaser shall be
collected and discharged to the sanitary
sewer and not discharged to a storm
drain.
1)
E-14 February 2016
STORM WATER Development Services
CCity 43f STANDARDS Land Development Engineering
1635 Faraday AvenueQUESTIONNAIRE760-602-2750CarlsbadE-34 www.carlsbadca.gov
INSTRUCTIONS:
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 (BMP's) 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.
PROJECT INFORMATION
PROJECT NAME: Polzin Residence
PROJECT ID:CDP 2017-0018
The project is (check one):X New Development Redevelopment
The total proposed disturbed area is:0.35 acres,7,405 Square Feet
The total proposed newly created and/or replaced impervious area is 0.17 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.
ECEIVED
JUL 0 2017
CITY OF CARLSBPLANAD
PLANNING DIVISION
E-34 Page 1 of 4 REV 02/16
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing X
building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then Go to step 5, mark the third box stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:X
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 X
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?X
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
•
STEP 3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
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 X
collectively over the entire project site?This includes commercial, industrial, residential, mixed-use,
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of X
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or
more of impervious surface?This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more X
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant
is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (Standard
Industrial Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious X
surface collectively over the entire project site and supports a hillside development project?A hillside
development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more X
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 X
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
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 X
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance
of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance
as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 X
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 ofthe following Standard Industrial Classification
(SIC) codes: 5013, 5014, 5541, 7532-7534,or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 X
square feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category
includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average
Daily Traffic (ADT)of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of X
land and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more X
of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project, Go to step 4. If your project is a new project, Go to step 5, check the first box stating "My project is a PDP ..."
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT', "Go to step 5,check the
second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information.
E-34 Page 3 of 4 REV. 02/16
,e.
STEP 4 TOBE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS......
(PDP) ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A)=sq. ft.
Total proposed newly created or replaced impervious area (B) =sq. ft.
Percent impervious area created or replaced (B/A)*100 =cyo
If you answered "yes", the structural BMP's required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5,check the first box stating "My project is a PDP ..." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5, check the
check the first box stating "My project is a PDP ..." and complete applicant information.
STEP 5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
CI My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
X My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project
Requirement Checklist 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.
CI My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Assessor's Parcel Number(s): 206-180-40
Applicant Name: --r---..pm Applicant Title:
OS_Q_$\1-61-2.W *:-Ca.es)V1/4.a P-.r
Applicant Signatur :
iblec cr.._).
Date:
*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
City Concurrence:YES NO
By: Date:
Project ID:
V
E-34 Page 4 of 4 REV. 02/16
0 CHICAGO TITLE
COMPANY
ISSUING OFFICE:2365 Northside Drive, Suite 600, San Diego, CA 92108
FOR SETTLEMENT INQUIRIES, CONTACT:
•FAX
October 4, 2016
The Polzin Family Trust
P.O.Box 268 Order No.:73716010299
Temecula,CA 92593
Property Address:Adams Street, Carlsbad, CA 92008
Seller:Davidian and Susan Ouyang Trust
Buyer:Joseph J. Polzin, JR. and Deidre E. Polzin
We appreciate the opportunity of being of service to you.Please call us immediately if you have any
questions or concerns.
Sincerely,
Chicago Title Company
Escrow Contact:
Lori Burke
619-521-3447
lori.burke@ctt. corn
Title Contact:
Richard Cesar Moore
(619)521-3590
teammoore@ctt.com
Stockton CPF Policy Cover Letter Printed:10.04.16 @ 02:15 AM by
SCA0002521.doc /Updated:07.18.13 Page 1 —73716010299
CLTA STANDARD COVERAGE POLICY OF TITLE INSURANCE
Policy Number:
Issued By:
CHICAGO TITLE INSURANCE COMPANY
73716010299
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,CHICAGO TITLE INSURANCE COMPANY,a Nebraska
corporation,herein called the Company,insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1.Title to the estate or interest described in Schedule A being vested other than as stated therein;
2.Any defect in or lien or encumbrance on the title;
3.Unmarketability of the title;
4.Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5.The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6.The priority of any lien or encumbrance over the lien of the insured mortgage,said mortgage being shown in
Schedule B in the order of its priority;
7.The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment is shown in
Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named
insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured
mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
its duly authorized officers.
Chicago Title Insurance Company
By:
Chicago Title Company
2365 Northside Drive, Suite 600 (tiw
San Diego, CA 92108
President
Countersigned By:row Attest:
he(yaroot
,er<
Authorized Officer or Agent Secretary
CLTA Standard Coverage Policy -1990 (04/08/2014)Printed:10.04.16 @ 02:16 AM
Page 1 CA-CT-FWDO-02180.055820-SPS-72067-1 -16-73716010299
CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
SCHEDULE A
Date of Policy Amount of Insurance Premium
September 14, 2016 at 08:00 AM $740,025.00 $1,801.00
1.Name of Insured:
Joseph J. Polzin, JR. and Deidre E.Polzin, Trustees of The Polzin Family Trust
2.The estate or interest in the land which is covered by this policy is:
Fee
3.Title to the estate or interest in the land is vested in:
Joseph J. Polzin, JR. and Deidre E.Polzin, Trustees of The Polzin Family Trust
4.The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
END OF SCHEDULE A
CLTA Standard Coverage Policy-1990 (04/08/2014)Printed:10.04.16 @ 02:16 AM
Page 2 CA-CT-FWDO-02180.055820-SPS-72067-1-16-73716010299
EXHIBIT "A"
Legal Description
For APN/Parcel ID(s):206-180-40-00
That portion of Lot 11 in Block "C" of Bellavista,in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego
County, March 7,1929, described as follows:
Beginning at a point in the Southwesterly line of said Lot 11,distant thereon South 67°39'00" East 80.00
feet from the most Westerly corner of said Lot 11; thence along said Southwesterly line, North 67°39'00"
West 80.00 feet to said most Westerly corner; thence along the Northwesterly line of said Lot 11, North
35°21'00" East 200.13 feet to the most Northerly corner of said Lot 11; thence along the Northeasterly line
of said Lot 11,South 38°39'00" East 97.61 feet; thence leaving said Northeasterly line, South 41°11'31"
West 156.04 feet to the point of beginning.
Also being described as Parcel "A"of Certificate of Compliance recorded September 12,2016 as
Document No. 2016-0475201 Official Records.
CLTA Standard Coverage Policy -1990 (04/08/2014)Printed:10.04.16 @ 02:16 AM
Page 3 CA-CT-FWDO-02180.055820-SPS-72067-1-16-73716010299
CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
SCHEDULE B
EXCEPTIONS FROM COVERAGE
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 I
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether ornot 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 aninspection 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.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 matter excepted under (a),(b),or (c) are shown by thepublic records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
END OF SCHEDULE B -PART I
CLTA Standard Coverage Policy-1990 (04/08/2014)Printed:10.04.16 @ 02:16 AMPage 4 CA-CT-FWDO-02180.055820-SPS-72067-1-16-73716010299
CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
SCHEDULE B
EXCEPTIONS FROM COVERAGE
PART II
1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2016-2017.
2.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3,Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
3.Water rights, claims or title to water, whether or not disclosed by the public records.
4.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:Wm. G. Kerckhoff Company
Purpose:telephone and/or electric poles and lines and for sewer, water and/or gas mains and pipelines
Recording Date:March 30, 1945
Recording No.:in Book 1837, Page 425, Official Records
Affects:the exact location and extent of said easement is not disclosed of record.
5.Recitals as shown on that certain map/plat
Recording No.:2152
Which among other things recites: We hereby agree to allow the crossarms of poles or other similar structures
placed along the right of way of all streets or highways to overhang the abutting property.
Reference is hereby made to said document for full particulars.
6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:San Diego Gas & Electric Company
Purpose:public utilities and incidental purposes
Recording Date:March 17, 1947
Recording No.:29095, Official Records
Affects:the exact location and extent of said easement is not disclosed of record.
7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:San Diego Gas & Electric Company
Purpose:public utilities and incidental purposes
Recording Date:August 19,1966
Recording No.:135083, Official Records
Affects:within the Northwesterly 4 feet of the Northeasterly 4 feet
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
8.Conditional Certificate of Compliance
Executed by:Jason Gelder( City Engineer
Dated:September 9, 2016
Compliance No.:ADJ 16-05 CE 16.06
Recording Date:September 12,2016
Recording No.:2016-0475201 Official Records
Affects:see conditions
Reference is hereby made to said document for full particulars.
END OF SCHEDULE B -PART II
•
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1.(a)Any law,ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances,or regulations) restricting,
regulating,prohibiting or relating 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 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 knowledge.
3.Defects, liens, encumbrances, adverse claims or other matters:
(a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the
estate or interest insured by this policy.
4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6.Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
1.DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"insured":the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs,
distributees,devisees,survivors,personal representatives,next of kin,or corporate or fiduciary successors.The term "insured"also
includes:
(i)the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a
successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and
defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the
indebtedness as a purchaser for value without knowledge of the asserted defect,lien,encumbrance,adverse claim or other matter
insured against by this policy as affecting title to the estate or interest in the land);
(ii)any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty
insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein
or not;
(iii)the parties designated in Section 2(a) of these Conditions and Stipulations.
(iv)Subject to any rights or defenses the Company would have had against the named insured, (A) the spouse of an insured who receives
title to the land because of dissolution of marriage, (B) the trustee or successor trustee of a trust or any estate planning entity created for
the insured to whom or to which the insured transfers title to the land after the Date of Policy or (C) the beneficiaries of such a trust upon
the death of the insured.
(b)"insured claimant":an insured claiming loss or damage.
(c)"insured lender":the owner of an insured mortgage.
(d)"insured mortgage":a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A.
(e)"knowledge" or "known":actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(f)"land":the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(g)"mortgage":mortgage, deed of trust, trust deed, or other security instrument.
(h)"public records":records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
(continued)
(i)"unmarketability of the title":an alleged or apparent matter affecting the title to the land,not excluded or excepted from coverage, which
would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of marketable title.
2.CONTINUATION OF INSURANCE
(a)After Acquisition of Title by Insured Lender.
If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of
Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale,
conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii)a transferee of the estate or
interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation,
and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against
any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or
interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage.
(b)After Conveyance of Title by an Insured.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long
as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or
interest.This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to an insured.
(c)Amount of Insurance.
The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of:
(i)The amount of insurance stated in Schedule A;
(ii)The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of
foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured
mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to
prevent deterioration of improvements, but reduced by the amount of all payments made; or
(iii)The amount paid by any governmental agency or governmental instrumentality,if the agency or the instrumentality is the insured
claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty.
3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage,as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest
or the lien of the insured mortgage, as insured, is rejected as unmarketable.If prompt notice shall not be given to the Company, then as to that
insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
4.DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE
(a)Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at
its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy.The Company shall have the right to select counsel of its choice (subject to the right of such insured to object
for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any
other counsel.The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which
allege matters not insured against by this policy.
(b)The Company shall have the right,at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage,as insured,or to
prevent or reduce loss or damage to an insured.The Company may take any appropriate action under the terms of this policy, whether or not
it shall be liable hereunder,and shall not thereby concede liability or waive any provision of this policy.If the Company shall exercise its
rights under this paragraph, it shall do so diligently,
(c)Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,in its sole
discretion, to appeal from any adverse judgment or order.
(d)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the
Company to use,at its option,the name of such insured for this purpose.Whenever requested by the Company,an insured,at the
Company's expense,shall give the Company all reasonable aid (i) in any action or proceeding,securing evidence,obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured.If the Company is
prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall
terminate,including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring
such cooperation.
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
(continued)
5.PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company,a proof of loss
or damage signed and sworn to by each insured claimant shall be furnished to the Company within ninety (90) days after the insured claimant shall
ascertain the facts giving rise to the loss or damage.The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title,
or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.If the Company is prejudiced by the failure of an insured claimant to provide the required proof of
loss or damage,the Company's obligations to such insured under the policy shall terminate,including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company
and shall produce for examination,inspection and copying,at such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date
of Policy, which reasonably pertain to the loss or damage.Further, if requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage.All
information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim.Failure of an insured claimant to submit for
examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that insured for that claim.
6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness.
(i)to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is
obligated to pay; or
(ii)in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the
indebtedness secured by the insured mortgage for the amount owing thereon together with any costs,attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated
to pay.
If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the
indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy,
other than to make the payment required in that paragraph,shall terminate,including any liability or obligation to defend,prosecute,or
continue any litigation, and the policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this
policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
(b)To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant.
(i)to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay; or
(ii)to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured
under this policy for the claimed loss or damage,other than the payments required to be made, shall terminate,including any liability or
obligation to defend, prosecute or continue any litigation.
7.DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to the extent herein described.
(a)The liability of the Company under this policy to an insured lender shall not exceed the least of:
(i)the Amount of Insurance stated in Schedule A,or,if applicable, the amount of insurance as defined in Section 2(c) of these Conditions
and Stipulations;
(ii)the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these
Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured
against by this policy occurs, together with interest thereon; or
(iii)the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the
defect, lien or encumbrance insured against by this policy.
(b)In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a)of these Conditions and
Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and
Stipulations.
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
(continued)
(c)The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall notexceed the least of:
(i)the Amount of Insurance stated in Schedule A; or,
(ii)the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the
defect, lien or encumbrance insured against by this policy.
(d)The Company will pay only those costs,attorneys'fees and expenses incurred in accordance with Section 4 of these Conditions andStipulations.
8.LIMITATION OF LIABILITY
(a)If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the
land,or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured,in a reasonably
diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for lossor damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title, or, if applicable, to the lien of the insured mortgage, as insured.
(c)The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
(d)The Company shall not be liable to an insured lender for:(i) any indebtedness created subsequent to Date of Policy except for advancesmadetoprotectthelienof the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of
improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to
Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were
secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy.
9.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
(a)All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance protanto.However,as to an insured lender,any payments made prior to the acquisition of title to the estate or interest as provided in
Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such
insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage.
(b)Payment in part by'any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntarypartialsatisfaction or release of the insured mortgage,to the extent of the payment,satisfaction or release,shall reduce the amount ofinsurance pro tanto.The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the
insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount
of Insurance stated in Schedule A.
(c)Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an
insured lender except as provided in Section 2(a) of these Conditions and Stipulations.
10.LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policyinsuringamortgage to which exception is taken in Schedule B or to which the insured has agreed,assumed,or taken subject,or which is
hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the
indebtedness secured by an insured mortgage.
11.PAYMENT OF LOSS
(a)No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within thirty (30) days thereafter.
12.SUBROGATION UPON PAYMENT OR SETTLEMENT
(a)The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected byany act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any
person or property in respect to the claim had this policy not been issued.If requested by the Company, the insured claimant shall transfer to
the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation.The insured
claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured
owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an
insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest,and
costs of collection.
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CHICAGO TITLE INSURANCE COMPANY POLICY NO. 73716010299
(continued)
If loss should result from any act of the insured claimant,as stated above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company
by reason of the impairment by the insured claimant of the Company's right of subrogation.
(b)The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured
mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise
modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral
security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to
the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only
that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's right of subrogation.
(c)The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds. notwithstanding any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in
Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy
of insurance,or bond and the obligor will not be an insured under this policy,notwithstanding Section 1(a)(i)of these Conditions and
Stipulations.
13.ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association.Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation.All arbitrable matters when the Amount of Insurance is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at
the option of either the Company or the insured.All arbitrable matters when the Amount of Insurance is in excess of One Million And No/100
Dollars ($1,000,000) shall be arbitrated only when agreed to by both the Company and the insured.Arbitration pursuant to this policy and under
the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be
binding upon the parties.The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award
attorneys' fees to a prevailing party.Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under the Title insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a)This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and
the Company.In interpreting any provision of this policy, this policy shall be construed as a whole.
(b)Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of
the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy.
(c)No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the
President,a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
15.SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
16.NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
policy and shall be addressed to the Company at:
Chicago Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn:Claims Department
END OF CONDITIONS AND STIPULATIONS
CLTA Standard Coverage Policy -1990 (04/08/2014)Printed:10.04.16 02:16 AM
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