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HomeMy WebLinkAboutCDP 2019-0024; TREVISO MONUMENT SIGNS; Coastal Development Permit (CDP)l, ..-.------------~ ·------------ c·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 D Coastal Development Permit yj" Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits cpP2,o\a.-roz...'t D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D Zone Change □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. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. 0 t=..V t:½)£0 P-1 *SAME DAY APPOINTMENTS ARE NOT AVAILABLE UMefl\ ESTIMATED COMPLETION DATE Cbtc9-0\'1 Lead Case No. Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME PLEASE PRIN INDIVIDUAL NAME CI \ , INDIVIDUAL NAME (if applicable): (A \/\ \-" 'X---. (if applicable): COMPANY NAME COMPANY NAME (if applicable): (if applicable): MAILING ADDRESS: .J.;.';:11..:~Wttl..:tl~l.I~~~~~i:-;~ILING ADDRESS:..1.-=.L..=;...:......1--_:_.._....~~~=__.::= CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMA ON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLE GE. CER IFY AS LEGAL OWNER THAT THE APPLICANT AS SET FO ER S MY AUTHORIZED REPRESENTATIVE FOR PURP FT P ATION. 9/( l /t4 DATE MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CE EPRESENTATIVE OF THE APPLICANT FOR PUR LIGATION AND THAT ALL THE ABOVE INF ND CORRECT TO THE BEST OF MY K °tit l/21 DATE ' I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND TH ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BE OF MY K O LEDGE. l!/t ti{~ DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF R RECORDED 0 THE LANDA FOR CITY USE ONLY P-1 OPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH ~rv..,.oY"vSORS IN INTEREST. o~~~~'VED ,1j '"\ i . ,• .~ SEP 1?. 2019 c. 1 1 \/ \.·.,,__ ••_.e/\f<LSBAD DA ta $l'Aft4j'.,: A:PPdeWr1'eJfflcEIVED RECEIVED BY: Page 2 of6 Revised 03/17 • l ~ ~--t----------.. " _____________, , .. ------------ {'cicyof 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. 2. 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___________ Corp/Part . ......,......_:s+-'......,.,_-"---..&-..:..:.:=___::___,_.,,,__ Title___________ Title_Y...:....:.fi.::::::0~=-:........:=----=~~;....:::,,,------ Address__________ Address,...L~~~L.!...!....I...J.£!!P-~~~~- OWNER (Not the owner's agent) ~ l , 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 (NIA) 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.) 'I' Corp/Part l:t\f\'I\Q..C-H~ o~G\l~ll,i,y\V\C. Title '?<~ t:ff,\.~c Person __________ _ Title ------------ Address l Sl~l Affw, \t)\-lc.u~ s,~-k ~bS' \"V\~~ ~ Clf\ q ~ l&: 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? D Yes ~No If yes, please indicate person(s):_--,-_________ _ NOTE: Attach additional sheets if necessary. rtify that all the above information is true and correct t n ture of applicant/date A IC,_"' C ~Jr< Print or type name of applicant nature of owner/applicant's agent if applicable/date nt or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07 /1 O (cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: ------,! .......... v_-e_vt_ .. xJ~ ... _Cl_Pc----=-°'--f\__,__~-=..._t±_...__.~½__.A"'=""""-G_<--"-)_ APPLICANT NAME: ___.A._____.t-=-(A-="'~C ........ .__~....;;_\.:......,\_, __ _.._(_Lt=--"':::;._'....;;__"°"--~~-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: Co..-&\.-uL-~0"' €)f-£~~ lM.c)M u ~\I\-\. , d-O ~t:2- H \ ~V'\ . P-1 (8) Page 1 of 1 Revised 07/10 (·,cicyof 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. · The development project and any alternatives proposed in this application~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT ) RTY OW Name: A-{t,t,\I\ c"'~\~ C Lft'A V\a.' Name: ___ ______.:;~~----- Addressl S/3,' Affov,. \:l-lwc,5v:wc. Addre••-~~Li-.L..M~__._-~~~ PhoneNumber:(9'f9)Q(Jlf-4&bz& Phone Number: /!t'f~ )@..OY,~b/~ 'J ' Address of Sit -~-H~"------,jL....!~L.J..:~~a.it~--i.----"'~J3.--l~:.__-1-~..u...:µ;aa..=..._..1..9-"_!.__...i.._::....=.__-V\e Local Agency (City and County):~~_i_:;~~=--:..__:.__-=---=--------==-iL.::_----1_.,_--1-__,,-!!k!I!:~~~~~ Cd~~ Assessor's book, page, and parcel number: __ ,-.......;;_----'~--==---~__,.""'--------- Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ q 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 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: C.,'f \;, . I 1, I ~ I 9 (To be completed by City) Application Number(s): c-f) e '.vQ I , -(}() Z-'-t' General Information \ 1. Name of project: __ :::f1___,r.__.e.....:,v:;_ .. .s..::,( s~a..c...._---1(.--,.....f1).f-l--ll:i.--=.~-s:tr-=-· --1.4__.__._I '~aQ,, __ b_l )~- 2. 3. 4. 5. Name of develo r r ·e Address: ~f.:.....· .L...L___:::::...L_-L-.L.L.f.....M~:....__-=--i~~~~~~:...!.....:=---~B.~(;;~ __ Phone Number: -L---&.--...1.....---',;;Z!!l-~....!....-~-=-~--~-------------- Name of person to be contacted concerning this project: C.."'-~ Address l Sf"?:,;J _A/fw-eµ.'ro Si;\ \.e 36<: City,State,ZipCode: \\fv(V\e, C/_\ Q:)6/'fs: PhoneNumber: C//iCJ-Q01Y-'fb2&-. Address of Project: /69/ Ar:+lMeS.~°'-DA>J + Assessor's Parcel Number: Q./5-0 ~~ -Q';;). List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal a encie : ... V < ~ O~~o..\ ~ 4 A\C VM.1} Existing General Plan Land Use Designation: -~~-~----'t---='-'=--~=------....!:o! [f-'-~ ~ d~) 6. 7. 8. 9. Existing zoning district: ----~~--=..___,.__R__._+\-=-J_-_.;;..H_.,....f__,,Q......___~_-______ _ Existing land use(s): __ _.R~eSA-=---"'~~A.\,OC_,..._..;;..V\ ..... -+......a......c\'"""o,.__..,._l-1/(...__..~__,t-=-. -=';'----=--=-S.---f'Yf'~, ~C__,.<:...,c.-- Proposed use of site (Project for which this form is filed): --+-a~~::;_~____,J)L,.:d!¼:::;__~.,._±-1---.l1-"-___:....1.\ __ Project Description 10. 11. 12: 13. 14. P-1(0) Site size: -------------------=---------------. Proposed Building square footage: g_t) ~e f&-!v-~ tt:ltMcJN\.cvd) Number of floors of construction: --4:W~,c...(4_.a...,_ _______ u ________ _ Amount of off-street parking provided: _.L..b)__./~A---------------- Associated projects: fbil/\<S&H:::\ CL b f Page 2 of 4 Revised 07/10 .. , . ,, . 15. 16. 17. 18. If residential, include the number of units and schedule of unit sizes: _N~A~~•------ (OVVJ. {t1d ~"" ,cl, eclu:16 1.He,M-1.JvN&-k s-i ".:f' . Q.os-t:2-y b -H,~h . If commercial, indicate the type, whether n ·ghborhood, city or regionally oriented, square footage of sales area, and _loading facilities: If industrial, indicate type, estimated employment per shift, and loading facilities: i )A If institutional, indicate the major function, estimated employment per shift, l5!nljted occupancy, loading facilities, and community benefits to be derived from the project: -~,......,J""8~----- 19. If the project involves a variance, conditiona u e rezoning applications, state this and indicate clearly why the application is required: P-1(0) Page 3 of4 Revised 07/10 0 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 □ ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. □ ~ 22. Change in pattern, scale or character of general area of project. □ ~ 23. Significant amounts of solid waste or litter. □ ~ 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 □ ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ :s 27. Site on filled land or on slope of 10 percent or more. □ ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ~ 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 abilit , and that the facts, statements, and information presented are true and correct to the best of my knowle e d be · Date: -----=-°t .L.....-4--lt.............,.l L'---L_lt_ For: P-1(0) Page 4 of 4 Revised 07/10 ' .. • ----~--------~ -'(_ Cicyof 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: ______ square feet x $ ____ /sq. ft. = $ ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $ ____ ./sq. ft. = $ _________ _ ⇒ 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.) ~-'"' £ ;::-\ '2..0 square feet X $_~_/sq. ft. = $_~Lf""-l'--"o-,;.._D____;:C../:;;__ ___ _ COST OF DEVELOPMENT ESTIMATE: $ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) ~ 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. P-6 Page 1 of7 Revised 08/19 C 0 D. Assessor's Parcel Number of proposed development J.ts-as:s-m E. Development Description: Briefly describ~roject: k\-rre-\tf {NJ\.~ fllc\--;JO s.p rl" .. , ~~ ~ F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surroun the proposed development to the: North: C) South: "-. J East: °"-b· West:_--1-'~........:.--4-1L--;:;_____,_ ____________________ _ G. Is project ocated within a 100-year flood plain? 0Yes ~No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? D Yes ~No If yes, please describe . .\-\o,A: 4'\~ $ (ra c.. <-- B. Will any existing structure be removed/demolished? D Yes ~No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Pro12osed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area 0 sq. ft. ?1) sq. ft. ~ sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-6 Page 2 of7 Revised 08/19 .. % % % % P-6 B. Parking: Number of existing spaces Number of new spaces proposed ______ _ Existing/Proposed TOTAL: Number of total spaces required ______ _ Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? OYes#_ONo OYes#_ONo C. Grade Alteration: Is any grading proposed? D Yes ,KJ" No If yes, please complete the following: 1. Amount of cut ___________________ cu. yds. 2. 3. 4. 5. 6. Amount of fill ___________________ cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. Location of borrow or disposal site ________________ _ Page 3 of? Revised 08/19 C .. The following materials shall be submitted for each single family residence/minor coastal development permit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Od. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of ground-mounted signs. Oh. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-347. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Di. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMG Title 18.21.120-150. Oj. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Dk. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 0(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section 11.D below) (a) Consistent with existing General Plan Land Use and Zoning -yes/no i. GHG Study required? -yes/no (b) Energy Efficiency requirement -yes/no (c) Photovoltaic requirement -yes/no i. ___ KW-de roof mounted ii. ___ KW-de ground mounted iii. ___ KW-de total project (d) Electric Vehicle Charging requirement yes/no i. ____ # EV Chargers ii. ____ #. EV Ready iii. ____ # EV Capable (e) Hot Water Heating requirement yes/no (f) Traffic Demand Management Required yes/no Page 4 of 7 Revised 08/19 01. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1 -Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS P-6 A completed Land Use Review Application Form. Completed Coastal Development Permit Application. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into project design features and data incorporated into the Summary Table. 1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TOM) Plan with submittal. Refer to http://carlsbadca.gov/services/building/tdm.asp for information, guidelines and templates. Page 5 of7 Revised 08/19 C 0 I.·. Disclosure Statement. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). Completed "Project Description/Explanation" sheet. .. • ~H. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website. (Distribute copy to Land Development Engineering). $1. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. OJ. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad -d::i Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). Lf K. Property Owner's List and Addressed Labels: ueu::, res.~ U t) ~ r:-»"'-t!'lf..S Minor Coastal Development Permit-required with application submittal Lvtt{.A,J\ ~c) \l't>..cltU.!:::. 1. A typewritten list of the names and addresses of all property owners within a 300' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 300' radius of the subject property, all occupants within a 100' radius and the applicable HOA/POA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 300' Radius Map: A map to scale not less than 1 "=200' showing each lot within 300' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of 7 Revised 08/19 .. . .. . . Coastal Development Permit -Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. · The project will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner}, all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 08/19 .. C cicyof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. · APPLICATION SUBMITTAL REQUIREMENTS ...i1 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ...i1 If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ...i1 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ...i1 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects-found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent wth the existing General Plan land use and specificJmaster plan or zoning designations? OR, If the proposed project is not consistent wth the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project INhen compared to the existing designations? Yes No □ □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance wth the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Adion Plan .. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in detennining consistency wth the CAP. The types and sizes of typical projects listed below have been detennined to correspond to the CAP screening threshold. WII the proposed land use change result in the construction of less than any one of the followng? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square f~et • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to detennine INhether it is below the 900 MTCO~/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing desig.nations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures iri Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 .. City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn , demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Property Addr Applicant Name/ . Applicant Address: Contact Phone: Contact information of person completingJhis checklist (if different than above): ,4{a_V\ Ck,\', Name: Contact Phone: Company name/address: £el/W\Ovf" Contact Email: / SI~ ~~<v;k3.b,;; Use the table below to\'t:Yrmine w~ic~tions of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at buildinq@carlsbadca.gov. □ New construction D Alterations: D BPV;?: $60,000 □ BPV;?: $60,000 □ Electrical service panel upgrade □ BPV;?: $200,000 Nonresidential P-30 I 2A, 3A and 4A 1A 1A and 4A 4A 1A and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 1,000 18,5 square feet □ BPV ~ $1 ,000,000 18, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. fl. riew roof addition 2B and 5 1 B also applies if BPV ~ $200,000 ! 1. Energy Efficiency Please refer to Carlsbad Ordinance No: CS-347 and the California Green Building Standards Code (CAI.Green) for more infonnation when completing this section. A D Residential addition or alteration~ $60,000 building pennit valuation. D NIA. _________ _ See Ord. CS-347, Section 8. D Exception: Home energy score ~ 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements D Before 1978 Select one: D Duct sealing · D Attic insulation D Coolroof D Attic insulation D 1978 and later Select one: □ Lighting package □ Water heating package D Between 1978 and 1990 Select one: D Attic insulation □ Duct Sealing □ Cool roof D 1991 and later Select one: D Lighting package D Water heating package B. D Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feel D NIA. _________ _ See CALGreen Appendix A5, Discussion A5.2, as amended in CS-347, Section 3. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power D NIA AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) D NIA AS.203.1.2.1 Choose one as applicable: D .95 Energy budget D .90 Energy budget D NIA AS.211.1 .** □ On-site renewable energy D NIA AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) D NIA AS.212.1 D Elevators and escalators D NIA AS.213.1 D Steel framing □ NIA P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Car1sbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated l<Vi/dc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting i!:75% existing floor area, or addition that increases roof area by i!:2,000 square feet Please refer to Car1sbad Ordinance CS-347, Section 6 when ·completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: _____ _ Min. System Size: ___ kWdc □ If< 10,000s.f. Enter: 5 kWdc □ If~ 1 0,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of? Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1(c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: . □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Sdlar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics. □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: ; 4. Elecbic Vehicle Charging A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest INhole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest INhole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 • w City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or include an electrical service panel upgrade; (2) for multifamily_dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (includes hotels/motels) D Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table beiow: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101 -150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee AOT/1 ,000 square feet is selected from the City of Carlsbad Employee AOT Table. Use GFA Employee AOT/1,000 S.F. Total Employee ADT Total If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. *NOTE: Notwthstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 04/19 (_ 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 -1a ADDRESS: The project is (check one): ~New Development The total proposed newly created and/or replaced impervious area is: Q.0 ft 2 (~--~) 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 L 'T /lf-/ 0 SWQMP #: ~---..._.-._;F---"..L._-~~~=--~.i--i ~L( 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 03/19 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 □ 9{ 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', Qo to Step 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; OR □ 'ts b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets r:iuidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ sf 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? □ ;Kl 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 03/19 • ~-·.... ... .~· "":,,,.., ....... ~ (\' :~' •• .! __ ,..~ ,' .. .,.. ':-" ) ~~JP7'l'~~,f':'!"'!ill"]'!''V~~-~ ..... :.~-~·--~-·-:~~f~I~~~~ll'.LC~~I~~5~1ff~~-{<~~'l 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 □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is y 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 ¥ 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 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 □ ¥ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally ~ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ r 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 veh icles 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 '19 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 oroiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 03/1 9 • 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) = ____________ sq. ft. Total proposed newly created or replaced impervious area (B) = ____________ sq.ft. Percent impervious area created or replaced (B/A)*100 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P'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. tiMy 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. "{ote: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations .~8<! exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 1 Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box C Applicant Name: --=-'-'--,.c~-~:::ar-__..._\_,_\(__,_-'------Applicant Tille: ¾el,~ Date: ~ /{ l L( q • 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. Th ' B fi C't U O I IS ox or l[V se n,v YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 .. C cicyof Carlsbad Project Name: Project ID: DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information 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 )i'Yes □ No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes □ No ~/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~Yes □ No □ N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 .. 0 0 Source Control Requirement (continued) Aoolied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and ~.Yes □ No □ 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 □ No □ 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 Appendix E.1 of BMP Manual for quidance). □ On-site storm drain inlets □Yes □ No '5i1'J/A □ Interior floor drains and elevator shaft sump pumps □Yes □ No ~N/A □ Interior parking garages □Yes □ No ~N/A □ Need for future indoor & structural pest control □ Yes □ No rj<NJA □ Landscape/Outdoor Pesticide Use □Yes □ No QPJ/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes □ No [)cN/A □ Food service □Yes □ No &}J/A □ Refuse areas □ Yes □ No ~N/A D Industrial processes □Yes □ No rst)N/A □ Outdoor storage of equipment or materials D Yes □ No ~N/A □ Vehicle and Equipment Cleaning □Yes □ No l)oN/A □ Vehicle/Equipment Repair and Maintenance □Yes □ No ~N/A □ Fuel Dispensing Areas □Yes □ No ~/A □ Load ing Docks □Yes □ No ~N/A □ Fire Sprinkler Test Water □Yes □ No l)i-N/A □ Miscellaneous Drain or Wash Water □Yes □ No ~N/A □ Plazas , sidewalks, and parkinq lots □Yes □No ~N/A For "Yes" answers, identify the additional BMP per Appendix E.1 . Provide justification for "No" answers. E-36 Paae 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 I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hydroloqic Features I □Yes I □ No I ~/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I □ No I &f NIA Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I □Yes I □ No I fir.'l'-J I A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I IQ-Yes I □ No I □ N/A Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I □Yes I □ No l~/A Discussion/justification if SD-5 not implemented : E-36 Page 3 of 4 Revised 09/16 continued SD-6 Runoff Collection □ Yes /A Discussion/justification if SD-6 not implemented: SD-7 Landsca ing with Native or Drou ht Tolerant Species □Yes □ No N/A Discussion/justification if SD-7 not implemented: □ Yes □ No N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 I"'""" 4Ca1Atlantic• ..:::,. TITLE Lennar Homes Of California 15130 Alton Parkway Irvine, CA 92618 Attention: Alan Chik UPDATED 8/9/2019 ...-1 711 Kimberly Ave Suite 200 Placentia, CA 92870 Office Phone: (949)419-9481 Office Fax: (714)667-0338 Email: randy.dean@calatl.com Your Ref: TREVISO Our Order No.: 1530155 Property Address: 215-020-07; 215-050-21; 22, 47 and 44 Carlsbad, CA Preliminary Report Dated as of August 1, 2019 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance 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 arbitrable 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. The form of Policy of title insurance contemplated by this report is: Prelim and Subdivision Guarantee Please note that the America First Homeowner's Policy (CLTN ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTN ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, Title Officer Page 1 Rev. NAT 8/15/15 Order No. 92002-1530155-17 C SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A fee 2. Title to said estate or interest at the date hereof is vested in: LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION 3. The Land referred to in this report is situated in the City of Carlsbad State of California, County of San Diego, and is described as follows: See attached Legal Description Page 2 Rev. NAT 8/15/15 Order No. 92002-1530155-17 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 1 AND 2 (RESIDENTIAL); LOTS 3 THROUGH 8 (HOMEOWNERS' ASSOCIATION) AND LOTS 9 AND 10 (OPEN SPACE), OF CARLSBAD TRACT NO. 14-10, POINSETTIA 61, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 16329, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 27, 2019 AS FILE NO. 2019-7000078, OFFICIAL RECORDS. APN'S.: 215-020-07; 215-050-21; 22; 47 AND 44 Page 3 Rev. NAT 8/15/15 Order No. 92002-1530155-17 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $85,206.22, PAID Penalty: $0.00 Second Installment: $85,206.22, PAID Penalty: $0.00 Tax Rate Area: 09164 A. P. No.: 215-020-07 3. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $14,647.55, PAID Penalty: $0.00 Second Installment: $14,647.55, PAID Penalty: $0.00 Tax Rate Area: 09164 A. P. No.: 215-050-21 4. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $NO TAX DUE, Penalty: $ Second Installment: $NO TAX DUE, Penalty: $ Tax Rate Area: 09164 A. P. No.: 215-050-22 5. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $NO TAX DUE, Penalty: $ Second Installment: $NO TAX DUE, Penalty: $ Tax Rate Area: 09151 A. P. No.: 215-050-47 6. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $NO TAX DUE, Penalty: $ Second Installment: $NO TAX DUE, Penalty: $ Tax Rate Area: 09151 A. P. No.: 215-050-44 7. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Page 4 Rev. NAT 8/15/15 Order No. 92002-1530155-17 ,,..... 8. Water rights, claims or title to water, whether or not shown by the public records. 9. An easement for steel towers or poles, wires or cables and incidental purposes, recorded May 28, 1954 as Book 5252, Pages 186, 189 and 192 of Official Records. In Favor of: San Diego Gas and Electric Company, a Corporation Affects: As described therein 10. An easement for public utilities and incidental purposes, recorded September 8, 1954 as Book 5356, Pages 162, 170 and 178 of Official Records. In Favor of: San Diego Gas and Electric Company, a Corporation Affects: As described therein 11. An easement for underground wires and located as shown on said Tract 16329 and incidental purposes, recorded December 17, 1962 as Instrument No. 214594 of Official Records. In Favor of: The Pacific Telephone and Telegraph Company, a corporation Affects: As described therein 12. An easement for pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including, but not limited to, conduits and cables for power transmission and communications purposes, together with the right of ingress thereto, egress therefrom and incidental purposes, recorded May 21, 1963 as Instrument No. 88650 of Official Records. In Favor of: Carlsbad Municipal Water District Affects: Said land but cannot be located of record. 13. An easement for ingress, egress and incidental purposes, recorded May 23, 1963 as Instrument No. 90057 of Official Records. In Favor of: G.T. Lyle, Emily F. Lyle, Jack W. Sudduth, Robert L. Barrows, Lorraine Barrows, Raymond A. Turner, Lucile B. Turner, Burton Shamsky, Roanne M. Shamsky, Shirley Nelson Orn, Marjorie Cullum and Betty McCowan Affects: As described therein 14. The terms and provisions contained in the document entitled Agreement for Payment of a Public Facilities Fee, executed by and between Robert Kevane & Cheryl Kevane and Gremkl LTD., LMTD., PTNSHP and City of Carlsbad, recorded March 20, 1984, as Instrument No. 84-100828 of Official Records. 15. The terms and provisions contained in the document entitled Easement Grant Deed and Agreement, executed by and between Robert T. Kevane and Cheryl L. Kevane, husband and wife, holding title as community property; Dianne R. Krasnow, a married woman, holding title as her sole and separate property; Robert S. Krasnow, a married man, holding title as his sole and separate property; Gerald P. Krasnow, a married man, holding title as his sole and separate property; Edward S. Krasnow, a married man, holding title as his sole and separate property; and Michael I. Krasnow, a married man, holding title as his sole and separate property and Aviara Land Associates Limited Partnership, a Delaware limited partnership, recorded March 15, 1994, as Instrument No. 1994-0168804 of Official Records. Page 5 Rev. NAT 8/15/15 Order No. 92002-1530155-17 16. Resolution No. 97-528 of the City Council of the City of Carlsbad, California, overruling and denying protests and establishing bridge and thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in said City recorded July 22, 1997 as Instrument No. 1997-0349124 of Official Records. 17. The terms and provisions contained in the document entitled "Grading Development Agreement" recorded September 16, 2010 as Instrument No. 2010-0491529 of Official Records. 18. Covenants, conditions, restrictions and easements in the document recorded March 7, 2018 as Instrument No. 2018-0089150 of Official Records, 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. 19. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Aircraft Environmental Impacts Case No.: CT 14-10" recorded June 13, 2018 as Instrument No. 2018- 0239807 of Official Records. 20. The terms and provisions contained in the document entitled "Poinsettia 61 Covenant Regarding Annexation (Lots 1 to 10 of City of Carlsbad Map CT 14-10)" recorded July 11, 2018 as Instrument No. 2018-0282609 of Official Records. 21. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage, executed by and between Lennar Homes of California, Inc., a California corporation and City of Carlsbad, its officers, agents and employees, recorded July 16, 2018, as Instrument No. 2018- 0287860 of Official Records. 22. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure, executed by and between Lennar Homes of California, Inc., a California corporation and City of Carlsbad, its officers, agents and employees, recorded July 16, 2018, as Instrument No. 2018- 0287861 of Official Records. 23. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best Management Practice Maintenance Agreement, executed by and between Lennar Homes of California, Inc., a California corporation and City of Carlsbad, California, a municipal corporation, its successors and assigns, recorded July 16, 2018, as Instrument No. 2018-0287940 of Official Records. 24. The terms and provisions contained in the document entitled Drainage Easement Agreement, executed by and between Institutional Multifamily Partners LLC, a California limited liability company and Lennar Homes of California, Inc., a California corporation, recorded August 27, 2018, as Instrument No. 2018-0350708 of Official Records. Page 6 Rev. NAT 8/15/15 Order No. 92002-1530155-17 25. Restrictive covenants, conditions, restrictions and easements in the document recorded September 21, 2018 as Instrument No. 2018-0394694 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. 26. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage, executed by and between Lennar Homes of California, Inc., a California corporation and The City of Carlsbad, recorded February 1, 2019, as Instrument No. 2019-0038591 of Official Records. 27. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure, executed by and between Lennar Homes of California, Inc., a California corporation and The City of Carlsbad, recorded February 1, 2019, as Instrument No. 2019-0038592 of Official Records. 28. An easement shown or dedicated on the Map as referred to in the legal description For: Public Road and Public Utility purposes: a portion of Poinsettia Lane for public street and public utility easement purposes, as shown on this Map within this subdivision and incidental purposes. 29. An easement shown or dedicated on the Map as referred to in the legal description For: General Utility and Access purposes across Lots 1 and 2 as shown on this map and incidental purposes. 30. An easement shown or dedicated on the Map as referred to in the legal description For: Public Pedestrian Access purposes across Portions of Lots 3, 4, 5 and 6 and incidental purposes. 31. An easement shown or dedicated on the Map as referred to in the legal description For: Pedestrian Trail purposes across portions of Lots 3, 4, 5, 6 and 10 and incidental purposes. 32. We hereby relinquish and waive all access rights from Lots 3-10 in and to Poinsettia Lane except at approved locations, as shown on this Map. 33. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: We also hereby grant to the City of Carlsbad the real property described as an open space easement (Easement) over, upon, across, and under Lots 9 and 10 as shown and delineated on this map. 34. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: The easement and its acceptance by the City of Carlsbad shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, except as allowed by the Poinsettia 61 Habitat Preserve Management Plan. Page 7 Rev. NAT 8/15/15 Order No. 92002-1530155-17 35. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Lennar Homes of California, Inc., as Grantor of the easement for the open space easement over, upon, across and under the subject land, and it's successors and assigns, are not responsible for maintenance or damage to the designated pedestrian trail or for damage associated with the use of the designated pedestrian trail by the public. 36. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Any trail improvement plants must be reviewed and approved by SDG&E. SDG&E is not responsible for maintenance of or damage to trail features resulting from normal installation, operation, maintenance or access to our existing or future facilities. SDG&E reserves the right to conduct standard maintenance of the access road to its standards, for its use, up to its sole discretion. SDG&E reserves to right to temporarily close the access road in the use of its easement. SDG&E reserves to right to relocate the access road as necessary. SDG&E is not responsible for damage associated with the use of the access road by the public. 37. An easement for easement and right of way in, upon, underground facilities and appurtenances for the transmission and distribution of electricity; pipelines and appurtenances and communication facilities, and appurtenances and incidental purposes, recorded April 12, 2019 as Instrument No. 2019-0132432 of Official Records. In Favor of: San Diego Gas & Electric Company, a corporation Affects: As described therein 38. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure, executed by and between Lennar Homes of California, Inc., a California corporation and The City of Carlsbad, recorded April 22, 2019, as Instrument No. 2019-0144789 of Official Records. 39. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage, executed by and between Lennar Homes of California, Inc., a California corporation and The City of Carlsbad, recorded April 22, 2019, as Instrument No. 2019-0144790 of Official Records. 40. The terms and provisions contained in the document entitled Affordable Housing Agreement (Second or Accessory Dwelling Units), executed by and between The City of Carlsbad, a municipal corporation and Lennar Homes of California, Inc., a California Corporation, recorded April 25, 2019, as Instrument No. 2019-0151230 of Official Records. 41. The terms and provisions contained in the document entitled Encroachment Agreement, executed by and between The City of Carlsbad and Lennar Homes of California, Inc., a California corporation, recorded July 12, 2019, as Instrument No. 2019-0278842 of Official Records. 42. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 43. Any rights, interests, or claims of parties in possession of the land not shown by the public records. Page 8 Rev. NAT 8/15/15 Order No. 92002-1530155-17 44. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items NONE may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. ********** END OF REPORT********** Page 9 Rev. NAT 8/15/15 Order No. 92002-1530155-17 * * * * * NOTES * * * * * 1. Notice of change in ownership recording procedure Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non-exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. {For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. Page 10 Rev. NAT 8/15/15 Order No. 92002-1530155-17 4. 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. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company, Inc. 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. Page 11 Rev. NAT 8/15/15 Order No. 92002-1530155-17 I"" File Number: 22002-1530155-17 OWNER'S DECLARATION The undersigned Owner(s) of legal age, being duly sworn, deposes and states under penalty of perjury under the laws of the State of California. 1. That certain real property (the"Property") as described in that certain Commitment of Title Insurance/Preliminary Report No. 22002-1530155-17 dated as of October 19, 2017 ("Commitment/Report") issued by or on behalf of North American Title Company, Inc. ("North American Title Company, Inc.") is improved by the following (check all that apply) □ Single family residences □ One-to-four family residences □ Apartment building □ Office building □ Commercial building □ Combination office/commercial building □ Industrial building □ Vacant Land □ Other: 2. WORK OF IMPROVEMENT: Please respond to A, Band C below: A. For the period of 90-days prior to the date of this Affidavit, no repairs or work of improvement has been conducted on, nor any materials supplied to, the Property except as follows: (Enter "None" if such is true.) If you have described any work of improvement above, please complete the following: □ □ □ Started on _______ ____, 20 __ Completed on 20 __ . Will be completed on ________ _, 20 __ B. Cessation of Labor (Please place an "X" by 1 or 2 below): □ 1. There has been a cessation of labor where a work of Improvement was discontinued before completion within 150 days of the date of this Affidavit. PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED: □ 2. There has not been a cessation of labor where a work of improvement was discontinued before completion within 150 days of the date of this Affidavit. Page 12 Rev. NAT 8/15/15 Order No. 92002-1530155-17 C :) C. There are no unpaid bills for labor or material because of any improvements made to the Property except: (Enter "None" if such is true.) 3. No one is in possession of, or has any right to possession of, the Property except: □ Declarant as owner. □ Tenants based only on month-to-month rental agreements. □ Tenants based upon existing leases as listed on the Rent Toll attached hereto as Exhibit A and incorporated herein by reference. □ Other: _____________________ _ 4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses, agreements or other rights allowing them to use, encroach on, or access to the Property except (i) as shown in the Commitment/Report, and (ii) (Enter "None" if such is true.) 5. Those certain lease(s) shown as exception number(s) in the Commitment/Report have either: (a) expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property and Declarant has been notified of the vacation of the Property either by correspondence from the lessee or by physical inspection of the property. 6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments against the Property. The undersigned is not aware of any release reports or commitment statements which have been issued pertaining to any environmental issues or liens. 7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents to issue policy(ies) of title insurance which may provide coverage with respect to all matters set forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc. will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit. 8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North American Title Company, Inc. harmless from and against any and all claims, actions, suits (including arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every nature and character as a result of its reliance on this Affidavit. Page 13 Rev. NAT 8/15/15 Order No. 92002-1530155-17 Executed on _______ ___, 20 __ -1 at --------------1 ________ _ "Declarant" Owner Owner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of ______________ _ County of _____________ _ (City) (State) Subscribed and sworn to (or affirmed) before me on this __________ day of --------~ 20 __ , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) Signature ______________ _ Page 14 Rev. NAT 8/15/15 Order No. 92002-1530155-17 C ~ NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190 , Costa Mesa, CA 92626 (949)419-9400 Fax: (714)667-0338 Email: randy.dean@calatl.com Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. County of San Diego Auditor and Controller/Revenue and Recov P.O. Box 121909 San Diego, CA 92112-1909 Attention: Your Ref: Our Order No.: 22002-1530155-17 LENDERS SUPPLEMENTAL REPORT Dated as of August 9, 2019 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Vacant Land Known as: Tract Map No. 16329 City of Carlsbad County of San Diego State of California. 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: A document recorded OCTOBER 20, 2017 as INSTRUMENT NO. 2017-0488762 of Official Records. From: 2010-1 RADC/CADC Property XII, LLC To: Lennar Homes of California, Inc. 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: None Page 15 Rev. NAT 8/15/15 Order No. 92002-1530155-17 Privacy Policy Rev. 01/07/2019 The States Title Family of Companies FACTS WHAT DOES THE STATES TITLE FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. Th is information can include: • Social Security number and income • Transaction hi story and payment history • Pu rchase history an d account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the rea sons the States Title Family of Companies ("ST") chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does ST Can you limit share? this sharing? For our everyday business purposes Yes No Such as to process your transactions, maintain your account(s), respond to co urt orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experi ences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share " -Call 1 (650) 419-3827 ... Page 16 Rev. NAT 8/15/15 Order No. 92002-1530155-17 How does ST protect my personal information? How does ST collect my personal information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Nonaffiliates Joint marketing To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. Th ese measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • Apply for insu rance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit on ly • Sha ring for affiliates' everyd ay business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Your choices will apply to everyone on your account -unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with ca n in clude collection agencies, IT service providers, companies that perform marketing services on our be half, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • ST doesn't jointly market . The States Title Family of Companies consists of the following entities: States Title Holding Inc. North American Title Company States Title, Inc. States Title Insurance Company States Tit le Insurance Company of California States Title Agency, Inc. Spear Agency Acquisition Inc. Title Agency Holdco, LLC Rev. NAT 8/15/15 Page 17 North America n Title Company, Inc. North Am erican Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. North American Title, LLC North American Title Company, LLC NASSA LLC North American Asset Development, LLC Order No. 92002-1530155-17 CLTA Preliminary Report Form -Exhibit A (Rev. 05-06-16) 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. CLTA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Page 18 Rev. NAT 8/15/15 Order No. 92002-1530155-17 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 (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) 1 % of Policy Amount Shown in Schedule A or (whichever is less) $2,500 $5,000 $5,000 $2,500 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our 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; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 laws 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. ] PART II 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 (iv) environmental protection; 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. Page 19 Rev. NAT 8/15/15 Order No. 92002-1530155-17 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 3. 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. 4. 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: [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 in 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 that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack 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, fiooding, 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. Page 20 Rev. NAT 8/15/15 Order No. 92002-1530155-17 ;o ft) ~ z ~ ~ ~ u, 0 -, a. ro -, z ~ ID N 0 0 N I ,-.... (JJ w 0 ,-.... lJl '-{1 ,-.... '..J 7;J Ql lO ro N ,-.... 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