HomeMy WebLinkAboutCDP 2018-0020; BUCCOLA ADDITION; Coastal Development Permit (CDP)(cityof
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
Coastal Development Permit
Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
~ Nonconforming Construction Permit
D Planned Development Permit D M·inor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
j(f' Variance ik!'Minor
(FOR DEPT. USE ONLY) Legislative Permits
r Df' VIS· wz.o
t-Jt-1"
,11 ~ oooC
Ill
1,()\9,-001?,
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT"". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
'l \O -oz.a ~ ta -oo
%'2;8 I :Tl~ 0 l3"l-d-<J
f? 0 .3 I (STREET ADDRESS)
6Uc.coLA t.DOcpcN-?
ESTIMATED COMPLETION DATE
Development No. '0~ V Z.Olco -003<! Lead Case No.
P-1 Page 1 of 6 Revised 03/17
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(if applicable):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
-
(PLEASE PRINT)
61 4o Se~, \.I ~ <st::·
@:\~ of;.'t-$, c_p..q~zB
~ tea -,z.c~ -02(,, Cf
utJ/te DA
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS: 2, \ 2,.12) J'l 1'1-\..
c,TY. STATE. z,P ~l ntl-. c
TELEPHONE: b')'b ' -i«'--<s
EMAIL ADDRESS: '~ c.., '1 r1111
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APP ATION AND THAT ALL THE ABOVE
MATION IS T,ru,o "'"'N CORRECT TO THE BEST OF MY
E GE. 2-ff{ ,~
DAT
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
(PLEASE PRINT)
COMPANY NAME b,,.r,
(if applicable): ~ C.µ.~
MAILING ADDRESS:Z..\2...C> j\ Y',\~~flL-liLll I(
CITY, STATE, ZIP: De,\ /j.~ C-A:, C\'2-0 I 4
TELEPHONE: ~ -I -S"B<o '.3.
EMAIL ADDRESS: ._,V'1,M~k,~.,~M1• t
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDG .
-z-/v/,e
DATE
• Cr,'-J
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 JS 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 HE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
T'"E'. :N ND ANY CESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
FEB 2 8 2018
• ,v : )f" CARLSBAD
DA f~tA1V1l}.~i:l211d'l~igNNRECEIVED
RECEIVED BY:
I Q(L
Revised 03/17
_____________ ,,,,_ __________ _,
(city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person-W11'1e.& Ct4-vJ('l Corp/Part~---------
Title ~~ ~\llfTitle
Address!]:ii J~~~'( Address. __________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person £c.? ~ f2 \..\ LGCA..(>,. Corp/Part. __________ _
Title ~ Title ____________ _
Address 81 l{O 5C/Jf(/Jf;l '51'·
fP,--\ yL ONP-, 1 CP,.. qt;~z,re
Address ____________ _
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 Profitrrrust.________ Non Profitrrrust. _________ _
Title ___________ _ Title. _____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes Q97No 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.
~ SOaatme of appliraaUdate
Print or type name of owner Print or type name of applicant
lure of owner/applicant's agent if applicable/date
S-~)) Ll'h k.l~
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/1 O
(city of
Carlsbad
PROJECT DESCRIPTION
P-1{B)
'
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: _ _,_p_(J_(.~G=...ca::c.1..,=-:....P,.. _ _,p.l __ ·!)_{)---'-\ ~~'----------
APPLICANT NAME: Jet~ CIA\'>-»J
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:
P-1(8)
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Page 1 of 1 Revised 07/10
JUSTIFICATION FOR VARIANCE
' .,,
By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully
and explain how the proposed project meets each of these facts. Use additional sheets if necessary.
1. Explain what special circumstances are applicable to the subject property, including size, shape, topography,
location or surroundings, whereby the strict application of the zoning ordinance deprives such property of
privileges enjoyed by oth ro e in the vicinit and under identie&I zonin classification: ,.. ~ . ~ ':, c,N . 9r-
Tle-~~ D~ c.,(!_e:. fsD>e'? u~ %>~ ~P-e.\f,c::_ 6C..~ / p.,.1..,1._
~ e»:> '(l-+15 s1ot. Cl'f'~ s~~ ~ ~ BUll'T
\}-> -rn-\-P., \ 0 1 'f'<Z-6-'-'\ '-{ (YL-0 S~ 6{x-Y:.... ,
2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located and is subject
to any conditions necessary to assure compliance with this finding:
'::,\)-..lot, /M-'---~ ~K~S ~ ~\S '?10~ cf 7J::½; ~1
~IE P. \01 ~ '(WO ~~ J c;~p,-,~c., ::::ffi\S
\? ~ p.. 4:R(G'C.t/'.>L ff-\\JILlc'C,e.
3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property:
\ '?
4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan
and any applicable specific or Master Plans:
5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements
of the certified local coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources.
P-4
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t.,,e::.-r(J \"T Oai::S. t:-?:f cr,ff~'.I :::rA€, f~'.D<JN ,..;J F:
Page 4 of 4 Revised 03/17
{'city of
Carlsbad
-._
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1{C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code. ·
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:,Jq_~ C¥\i.~JJ
Address: 2.JZ-0 ._)) VI'\ !"'.'-1 04 ~~
Qcl M,~ Cf>. C('l-ol '-{
Phone Number: f5st:>-7~-~
PROPERTY OWNER
Name: f:e,6l:;;'.;E( 61...(C.Co1...f!-
'6<..... ~ll'fAddress:t:51(1.0 ~\JU ST:
M'~ (!)/:,,.'(:...S I c,A, "'r~G:,29'
Phone Number::l \ (Q -"Flt,Z-;>2-I 7
AddressofSite: 6~o \ TH:'.;t'..?A De::,L c,?.o
Local Agency (City and County): C {::;£-U; IS p,.s;::,.
Assessor's book, page, and parcel number: 2 \C)-02,.o -\0 ·-00
Specify list(s): ___________________________ _
Regulatory Identification Number: _____________________ _
Date of List: ____________________________ _
~ 'Z-/rs-/Jfl
Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1 (C) Page 1 of2 Revised 02/13
C_cityof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
.. ____________ _
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 ) 602-461 .
Applicant Signature:
Staff Signature: I ( 'l .::>
Date:
To be stapled with receipt to the application
P-1 (E) Page 1 of 1 Revised 07/10
-
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: _~_e_'o_._2;_:'6...i....:2:.._D_lc.:'6=------(To be completed by City)
Application Number(s): _,CJ=~=:.r?.:.._:2..>\,e::=:.:....:'6:c._•00=-=--=U:>=-------------------
General Information
1. Name of project: f-,u C C.c.H..., A /.?DO \ UOJ..)
2. Nameofdeveloperorprojectsponsor: \Ze>6<oe..T r::>"-IC.<...oL-~ ( ~J
3.
4.
5.
6.
7.
8.
9.
Address: ~\~0 sei:s:r~ ST.
City, State, Zip Code: -\f!=~_\_'(:_ __ O_J::>_V:_'3,=..,,___.....:e,>-=..,._' _,q__:_~_(.,.....:'l,;:.__~ ______ _
Phone Number: __ q---'---'-\-=<-4-==----q-"~=-'2..=:;._·_'3~2..."--'-l .....:"2..-=-----------
Name of person to be contacted concerning this project: -.J~Me& C Ai 1--\IJ
Address: Z. l z..._c..::, ~, VV\ \M~Ou ~ 6L--A 1 1 '-(
City, State, Zip Code: De,\ tJ. r£-J C. ,A., C(ZQ) I 'f
Phone Number: -----'~=-..%.o.,,:c....-__:_7'-'$')""--""-,...,'----'S?t,L.=::=-'.3L.... __________ _
Address of Project: __ 6=--?"'----D_I _J7-L...l:....~::::..:.._,_(-A __ (XL=..::::___~_____:. ______ _
Assessor's Parcel Number: --=2.=-\-=-CJ~_-........::0=· =--'l.D=-_-~___,\--=0=----0--=-0=--------
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:
Existing General Plan Land Use Designation: ~ \ D~ :p ND~N. CS.PAC.€
Existing zoning district: f?--l L O Pe~ S PAC.~
Existing land use(s): "S\ ~ LlZ f'::-'M \ v)'. Q(}J€_\ \ ~ V..j
Proposed use of site (Project for which this form is filed): ?1 ~ \~ foM \ Lr'( ~ \ h~
Project Description
10. Site size: ___ \_'-R----'1_f..R_~ __ ~_-_f-_. _____________ _
11. Proposed Building square footage: 'S c:;;<:{.,:, S · \' PD O \:::p.ov-.,
12:
13.
Number of floors of construction:
Amount of off-street parking provided:
z.
14. Associated projects: ________________________ _
P-1(0) Page 2 of 4 Revised 07 /10
-
15. If residential, include the number of units and schedule of unit sizes: _________ _
16.
17.
18.
19.
P-1(D)
I J
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
Page 3 of4 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 ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ j(J
roads.
22. Change in pattern, scale or character of general area of project. □ )fJ
23. Significant amounts of solid waste or litter. □ '6ll
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ g]
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ ~ alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ r&1
27. Site on filled land or on slope of 1 0 percent or more. □ ;EJ
28. Use of disposal of potentially hazardous materials,
flammables or explosives.
such as toxic substances, □ ¥,;]
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ~ etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ ts
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
;,fu<rnatioa """"'"' are <rue Mti oo...a m '"' "'" of m~
Date: z_../s: /J f Signature: '1/1!:._
I
I
For: ~ /J;l..f CC OL, ,4
P-1(D) Page 4 of 4 Revised 07/10
,_
James A. Chinn. Architect
Buccola Addition
Environmental Setting:
♦♦♦
'\
2120 Jimmy Durante Blvd., Suite 114
Del Mar, CA 92014 • Phone (858) 755-5863
Email :jameschinn400@gmail.com
32. The site is an existing developed site with a one story single family home with an existing
basement. The site is flat with a slight slope to the ocean at the westernly end of the site. There is
no wildlife or native vegetation on the site.
33. The surrounding properties are all similar single family homes on developed lots with no
wildlife or native vegetation.
{:cuyof
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760) 602-2723 to schedule an appointment.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40'.)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage: -1t' square feet x $ ___ -'/sq. ft. = $ ________ _
⇒ Residential Addition Squ. are Footal;/e: ~ / """.l '7f, ~-~ 3<; SU' square feet x $ & 9 .--/sq. ft. = $. __ 1.-R-"-u-'c:..+-_'1-'---"L:::_ __
⇒ Any Garage Square Footage:
______ square feet x $ ___ ~/sq. ft.=$. ________ _
⇒ Residential Conversion Square Footage:
______ square feet x $ ____ ./sq. ft. = $. ________ _
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft.=$ __________ _
COST OF DEVELOPMENT ESTIMATE:$ jt c.o0l, < '{Z., -~
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D
2. A Coastal Qevelopment Permit ($60,000 or more cost estimate)~
C. Street address of proposed development
c:J'.)°:)I TI~ O&.-~
P-6 Page 1 of 6 Revised 05/17
I • , • •
B. Parking: Number of existing spaces '2
Number of new spaces proposed __ 6 ___ _
Existing/Proposed TOTAL: '2-
Number of total spaces required _ _:::'2-____ _
Number of covered spaces 2-
Number of uncovered spaces ___ @,___ ___ _
Number of standard spaces '"2--
Number of compact spaces /
Is tandem parking existing? D Yes# __ ~ No
Is tandem parking proposed? D Yes# __ ~ No
C. Grade Alteration:
Is any grading proposed? D Yes ){I No
If yes, please complete the following:
1, Amount of cut __________________ ,CU. yds,
2. Amount of fill \ ~' 3. Maximum height of fill slope Pl
4, Maximum height of cut slope
----------+-a,___ ______ ,cu, yds.
-----.-rl-'--------feet
_____________ feet
-5, Amount of import or export ______________ cu. yds.
6. Location of borrow or disposal site
P-6 Page 3 of6 Revised 05/17
( City of
Carlsbad
j INSTRUCTIONS:
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www .carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION ,_
,'
PROJECT NAME: B <JC( OL ,"\ ~0•77~ PROJECT ID:
ADDRESS: 0{J °::, ( 77~ Oe:t ci!-0 APN: '2.JOLJ2c_, d-OO
The project is (check one): 0 New Development [}!Redevelopment
The total proposed disturbed area is: V 7 '2-ft2 ( • J '5 ) acres
The total proposed newly created and/or replaced impervious area is: Col j tt2 ( . l tf) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ t& 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 auestion, the project is a 'development project', go to Steo 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ S?l
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 auestions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 04/17
STEP3
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
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~
and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ Eil more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or orivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ lit
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ ~
development project includes development on anv natural slope that is twentv-five percent or qreater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ 00 site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcvcles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ !Sa
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adiacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ljl shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and ( 1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ I&
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 statinq "Mv project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 04/17
. .
STEP4
TO BE 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)):
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)= ___ ¼ __ O_"')_,,. _____ sq. ft.
Total proposed newly created or replaced impervious area (8) = ____ C3 __ <f_~ _____ sq. ft.
Percent impervious area created or replaced (B/A)*100 = / 4 %
YES NO
□
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the
check the first box statin "M ro·ect is a PDP ___ » and com lete a licant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
rg·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.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Title: ~ J]s:cr
Date: z.( ~/I B
• 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 Citv Use Onlv
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 04/17
( City of
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Project Name: BUCCOLA ADDITION
Project ID:
DWG No. or Building Permit No.:
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
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 (Volume 5 of City Engineering Standards) 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. Please add attachments if more space is needed.
• "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 ~ Yes □No D N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage D Yes □No ~ N/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~ Yes ONo D N/A Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 09/16
Source Control Reauirement (continued} Aoolied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and ~ Yes □No D N/A Wind Dispersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal ~Yes D No D N/A
Discussion/justification if SC-5 not implemented:
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 Aooendix E.1 of BMP Manual for quidance).
D On-site storm drain inlets D Yes D No ~ N/A
D Interior floor drains and elevator shaft sump pumps D Yes 0 No ~ N/A
D Interior parking garages D Yes D No ~ N/A
D Need for future indoor & structural pest control D Yes □No ~ N/A
D Landscape/Outdoor Pesticide Use D Yes □No Iii N/A
D Pools, spas, ponds, decorative fountains, and other water features □Yes ONo Iii N/A
D Food service □Yes D No Iii N/A
D Refuse areas D Yes □No ~ N/A
D Industrial processes D Yes □No Iii N/A
D Outdoor storage of equipment or materials D Yes ONo ~ N/A
D Vehicle and Equipment Cleaning D Yes □No Iii N/A
D Vehicle/Equipment Repair and Maintenance D Yes □No Iii N/A
D Fuel Dispensing Areas D Yes □No Iii N/A
□ Loading Docks □Yes □No Iii N/A
D Fire Sprinkler Test Water □Yes ONo Iii N/A
D Miscellaneous Drain or Wash Water D Yes □No Iii N/A
D Plazas, sidewalks, and oarkina lots □Yes □No Iii N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 09/16
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 (Volume 5 of City Engineering Standards) 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. Please add attachments if more space is needed.
• "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 T Applied?
SD-1 Maintain Natural Drainaae Pathways and Hvdroloaic Features l li)Yes l D No ID N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation 1 Iii Yes l ONo I D N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I Iii Yes I □No I D N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Comoaction l Iii Yes I D No ION/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I Iii Yes I D No ID N/A
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
Site Desian Reaulrement (continued) l Annlied?
SD-6 Runoff Collection I D Yes I □No I Iii N/A
Discussion/justification if SD-6 not implemented:
SD-7 Landscaping with Native or Drouaht Tolerant Species I ~ Yes I D No I ON/A
Discussion/justification if SD-7 not implemented:
SD-8 Harvesting and Using Precioitation l D Yes I D No I Iii N/A
Discussion/justification if SD-8 not implemented:
E-36 Page 4 of 4 Revised 09/16
•
CLTA Preliminary Report Form
(Rev. 11/06)
Order Number: DIV-5438564
Page Number: 1
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Updated
First American Title
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
California Department of Insurance License No. 151
DIV-5438564 (04)
Korey Mulvey
(619)231-4670
(877)648-8386
tit1eunit4@firstam.com
Pinon Canyon Land&Cattle Company LLC
5031 Tierra Del Oro
Carlsbad, CA 92008
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrab/e matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Title
Page 1 of 17
Dated as of February 02, 2018 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
'
Order Number: DIVa5438564
Page Number: 2
ALTA/CL TA Homeowner's (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy
1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on
which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006
(WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an
unimproved residential lot or condominium unit
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Robert A. Buccola, an unmarried man, as subject to exception no. 11
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. Supplemental taxes for the year 2017-2018 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $ 668.60, PAID
Penalty: $ 0.00
Second Installment: $ 668.60, DUE
Penalty: $ 0.00
Tax Rate Area: 09000
A. P. No.: 210-020-10-00
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions
shown or disclosed by the filed or recorded map referred to in the legal description including but
not limited to: DRAINAGE and incidental purposes affecting said land.
First American Title
Page 2 of 17
--Order Number: DIV-5438564
Page Number: 3
5. Covenants, conditions, restrictions and easements in the document recorded February 04, 1954
as BOOK 5132, PAGE 44 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code
§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
Document(s) declaring modifications thereof recorded February 12, 1958 as BOOK 6948, PAGE
511, of Official Records.
6. An easement for public utilities and incidental purposes in the document recorded June 14,
1955 as BOOK 5679, PAGE 367 of Official Records.
7. An easement for INGRESS AND EGRESS TO THE PACIFIC OCEAN and incidental purposes in the
document recorded April 14, 1972 as INSTRUMENT NO. 72-93051 of Official Records.
8. A deed of trust to secure an original indebtedness of $3,450,000.00 recorded May 28,
2014 as INSTRUMENT NO. 14-216524 OF OFFICIAL RECORDS.
Dated:
Truster:
Trustee:
Beneficiary:
May 22, 2014
PINON CANYON LAND AND CATTLE COMPANY LLC, A
COLORADO LIMITED LIABILITY COMPANY
ORANGE COAST TITLE COMPANY
ASSET-BACKED LENDING PARTNERS, LP, A DELAWARE
LIMITED PARTNERSHIP
A document recorded June 20, 2016 as INSTRUMENT NO. 16-302123 OF OFFICIAL RECORDS
provides that GERACI LAW FIRM was substituted as trustee under the deed of trust.
The effect of a document entitled "SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE",
recorded April 10, 2017 as INSTRUMENT NO. 17-159556 of Official Records.
Note: The Company will require satisfactory proof of full payment of the debt secured by said
mortgage or deed of trust prior to removing this exception or insuring the contemplated
transaction.
9. Any irregularity in the foreclosure proceedings leading up to the Trustee's Deed recorded
December 09, 2016 as INSTRUMENT NO. 16-677766 OF OFFICIAL RECORDS .
Rrst American Title
Page 3 of 17
, ... ,. , --' ._;
Order Number: DIV-5438564
Page Number: 4
10. A deed of trust to secure an original indebtedness of $3,108,199.00 recorded March 24,
2017 as INSTRUMENT NO. 17-234278 OF OFFICIAL RECORDS.
Dated:
Trustor:
Trustee:
Beneficiary:
May 19, 2017
ROBERT A. BUCCOLA, AN UNMARRIED MAN
UNIONBANCAL MORTGAGE CORPORATION
MUFG UNION BANK, N.A.
11. The effect of a deed dated December 20, 2017, executed by ROBERT A. BUCCOLA, AN
UNMARRIED MAN, as Granter, to NICKSAM PROPERTIES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, as Grantee, recorded December 27, 2017, as INSTRUMENT NO. 17-609495
of Official Records.
The requirement that this office be furnished with the evidence that the deed was an absolute
conveyance for value, and that there are no other agreements, oral or written, regarding the
ownership of the land described herein.
NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer.
12. Any claim that any portion of the land is below the ordinary high water mark where it was
located prior to any artificial or avulsive changes in the location of the shoreline or riverbank.
13. Any rights, interests, or easements in favor of the public, which exist or are claimed to exist over
any portion of said land covered by water, including a public right of access to the water.
14. Any claim that any portion of the land is or was formerly tidelands or submerged lands.
Prior to the issuance of any policy of title insurance, the Company will require:
Rrst American Title
Page 4 of 17
,."' -Order Number: DIV-5438564
Page Number: 5
15. With respect to NICKSAM PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, a
limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, that such document or instrument be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, the president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one manager
if the limited liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require
First American Title
Pages of 17
-Order Number: DIV·5438564
Page Number: 6
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $27,027.25, PAID
Penalty: $0.00
Second Installment: $27,027.25, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-020-10-00
2. Supplemental taxes for the year 2017-2018 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
Firstlnstallment: $ 76.19, PAID
Penalty: $ 0.00
Second Installment: $ 76.19, PAID
Penalty: $ 0.00
Tax Rate Area: 09000
A. P. No.: 210-020-10-00
3. Supplemental taxes for the year 2017-2018 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $ 972. 94, PAID
Penalty: $ 0.00
Second Installment: $ 972.94, PAID
Penalty: $ 0.00
Tax Rate Area: 09000
A. P. No.: 210-020-10-00
4. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116
and if applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence known as 5031 TIERRA DEL ORO, CARLSBAD, CA.
5. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
First American Title
Page 6 of 17
,, -..... -Order Number: DIV-5438564
Page Number: 7
Trustee's Deed from COUNTY RECORDS RESEARCH, INC. as Trustee to TIERRA DEL ORO #5031
TRUST, THOMAS MOHLER AS TRUSTEE recorded December 09, 2016 as INSTRUMENT NO. 16-
677766 of Official Records. Amount of the unpaid debt together with costs was $1,161,299.76.
A document recorded May 24, 2017 as INSTRUMENT NO. 17-234277 OF OFFICIAL RECORDS .
From: TIERRA DEL ORO #5031 TRUST, THOMAS MOHLER AS TRUSTEE
To: ROBERT A. BUCCOLA, AN UNMARRIED MAN
A document recorded December 27, 2017 as INSTRUMENT NO. 17-609495 OF OFFICIAL
RECORDS.
From: ROBERT A. BUCCOLA, AN UNMARRIED MAN
To: NICKSAM PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the
Public Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 7 of 17
r
LEGAL DESCRIPTION
Order Number: DIV-5438564
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 10, OF TIERRA DEL ORO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1954.
EXCEPTING THEREFROM THAT PORTION NOW OR HERETOFORE LYING BELOW THE MEAN
HIGH TIDE LINE OF THE PACIFIC OCEAN.
APN: 210-020-10-00
First American Title
Page B of 17
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page 9 of 17
oIV-5438564
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-Order Number: DIV-5438564
Page Number: 10
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
Page 10 of 17
---Order Number: DIV-5438564
Page Number: 11
INCOMING DOMESTIC WIRE INSTRUCTIONS
Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be
generated from a First American Title Company employee that contains new, revised or altered bank wire
instructions, consider it suspect and call our office at a number you trust.
** Our Wire Instructions Do Not Change.**
Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent
or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller
on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned
to the remitter.
Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify
our office at (619)238-1776 when you have transmitted your wire.
Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges
may apply. Contact our office for Incoming International Wiring Instructions.
ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and
requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing.
Acceptance of ACH transfers are subject to state law. Contact our office at (619)238-1776 prior to
sending funds by ACH transfer.
Contact our office at (619)238-1776 when funds are sent.
PAYABLE TO:
BANK:
ADDRESS:
ACCOUNT NO.:
ROUTING NUMBER:
First American Title Company
First American Trust, FSB
5 First American Way, Santa Ana, CA 92707
3008270000
122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY:
FILE NUMBER:
5031 Tierra Del Oro, Carlsbad, CA 92008
DIV-5438564
FIRST AMERICAN TRUST, FSB CONTACT INFO: Banking Services (877)600-9473
WIRES MAY BE RETURNED If THE FILE NUMBER
AND PROPERTY REFERENCE ARE NOT INCLUDED
Rrst American Title
Page 11 of 17
EXHIBIT A
Order Number: DIV-5438564
Page Number: 12
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
First American Title
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"-' Order Number: DIV-5438564
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CLTA/ALTA HOMEOWNER'§ POUCY OF TITLE INSURANCE (12·02·13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A or $2,500
( whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POUCY (06·17·06)
EXCLUSIONS FROM COVERAGE
Qur Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
Rrst American Title
Page 13 of 17
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
Order Number: DIV-5438564
Page Number: 14
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business Jaws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay
costs, attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.]
PARTII
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures
against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
First American Title
Page 14 of 17
(iv) environmental protection;
Order Number: DIV-5438564
Page Number: 15
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason
of:
[Toe above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land su,vey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LDAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
First American Title
Page 15 of 17
Order Number: DIV-5438564
Page Number: 16
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
S. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Rrst American Title
Page 16 of 17
-
:,;,j_fj;: I First American 1itle
Privacy Information
-.,'
Order Number: DIV-5438564
Page Number: 17
we Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability This Privacy Policy governs our use of the Information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonafflliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after w.hich any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affillated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those Individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronlc, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site First American Financial Corporation Is sensitive to privacy issues on the Internet. we believe it is important you know how we treat the Information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal lnformation with us, we will only use it in accordance with the policies outlined above.
Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. Whlle we try to !ink only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
First;Am.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Aa:uracy we will take reasonab!e steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1
First American Title
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Privacy Information (2001-2010 First American Financial Corporation)