Loading...
HomeMy WebLinkAboutCT 15-01; Cascada Verde; Tentative Map (CT)(city of Carlsbad LAND USE REVIEW APPLICATION P-1 Oevelop_ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Coastal Development Permit (*) 0 Minor 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (*) 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Site Development Plan 0 Minor 0 Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) .4\_rl? u, .. (}'2. HDf\00'2.. f'vO t"tr? wrt·s-o2. 0fy;oi 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Specific Plan 0 Zone Change (*) 0 Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 215-240-36 ---------------------------------------------------------------------- PROJECT NAME: < Altlsliia C011dos ~SCJ!IDA V-&P...QJ; BRIEF DESCRIPTION OF PROJECT: 35 unit condominium development. ~~~---------------L------------------------------------------ BRIEF LEGAL DESCRIPTION: Parcel 4 of Parcel Map No. 13158, recorded February 21, 1984 as document 84-061796 LOCATION OF PROJECT: ON THE: North (NORTH, SOUTH, EAST, WEST) BETWEEN Altiva Place (NAME OF STREET) P-1 STREET ADDRESS SIDE OF Alicante Road (NAME OF STREET) AND Altisma Way (NAME OF STREET) Page 1 of 6 Revised 12/13 T~v1l-to 21 0 0 OWNER NAME APPLICANT NAME (Print): (Print): Lanshire Housing Partners, LLC Lanshire Housing Partners, LLC MAILING ADDRESS: P.O. Box 2671 MAILING ADDRESS: P.O. Box 2671 CITY, STATE, ZIP: Carlsbad, CA 92018 CITY, STATE, ZIP: Carlsbad, CA 92018 TB-EPHONE: TELEPHONE: fb0~-'J..[?J..-0000 EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY T AT I AM THE~L~dAL OWNER AND THAT ALL THE ABOVE I CERT! ~e1~· M THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATIO jP r~~lE AI~D CORRECT TO THE BEST OF MY A~~T~ ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGl i ~ s-THE E T F n ~OWLEDGE. r:; ~~ ~ r 3~-< h. ~ k ~ r ),..,.-() SIGNATURE \j 1.1'\.1 I DATE SIGt\ ~TUI\E I DATE APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering (Eric Munoz) MAILING ADDRESS: 3156 Lionshead Avenue, Suite 1 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-692-41 00 EMAIL ADDRESS: emunoz@ hofmanplanning .com I CERTIFY THAT I ~~ HE LEGAL REPRESENTATIVE OF THE APPLICANT ~'D TH J Pi THE ABOVE INFORMATION IS TRUE AND CORRECT T~ ~r ~T IF MY KNOWLEDGE. r \~ \ t:,..( '"J.-t,.-t~ SIGNATURE I 1'-' "V DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT •MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSP!=CT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CON ENT TO ENTRY FOR THIS PURP(,)SE. FOR CITY USE ONLY P-1 . PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING TO HIS PROPERTY IF CONDITI.bNED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH UCCESSORSININTEREST. MAR 1 0 2015 DATE STAMP APPLICATION RECEIVED RECEIVED BY: Page 2 of6 Revised 12/13 (City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Serl!if.g~ Planning Division 1635 Faraday Avenue (760) 602-4610. www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applicati,ons which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittaL Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. ___________ _ Title ___________ _ Title. ________ . ____ _ Address _________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 100% Person Matt Nelson Corp/Part Lanshire Housing Partners LLC Title Co-Manager Title. _____________ _ Address 11913 Ocean Park Blvd Los Angeles, CA 90064 Address P.O. Box 2671 Carlsbad, CA 92018 Page 1 of2 Revised 07110 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. Print or type name of owner Print or type name of applicant I Print or type name of owner/applicant's agent P-1(A) Page 2of2 Revised 07/10 ~.trr<"- (._ City of Carlsbad PROJECT DESCRIPTION P-1 (B) PROJECT NAME: Cascada Verde Town homes APPLICANT NAME: Lanshire Housing Partners Development Services Planning Division 1635 Faraday Avenue {760} 602-4610 www.carlsbadca.gov 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: See included project description. P-1(8) Page 1 of 1 Revised 07/10 Cascada Verde -Project Description The proposed project site is located on an infill property surrounded by existing multi-family residential projects. Located north of Alicante Road, and between Altisma Way and Altiva Place, the gross site acreage is 3.677 acres with a net acreage of 3.32 acres. The project proposes 35 total dwelling units for a project density of 10.5 dwelling units per acre, which is within the allowable density range of the RMH (Residential Medium High) General Plan designation. The zoning designation is RD-M (Residential Density-Multiple) which allows for attached residential development. The site is not located with the city's Coastal Zone or within a hardline preserve area of the city's Habitat Management Plan. The proposed condominium project will consist of five 4-plex buildings and three 5-plex buildings of three stories and within the 35 foot height limit. Square footage will range from 809 square feet (1 bedroom) to 2,010 square feet (3 bedrooms). The architectural style proposed is Santa Barbara Mediterranean. The project is processing a Vesting Tentative Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit. The Vesting Tentative Map is intended to lock-in applicable stormwater control criteria and project features currently in place for 2015 so that future criteria and related project features would not be required of this project. Affordable housing compliance will be achieved via the location of five onsite affordable units. As part of the project's pre-application efforts, the project was reviewed by, and received the support of, the city's Housing Policy Team (HPT). The HPT support addresses the overall project density, onsite affordable housing compliance proposal, and the two development standard incentives necessary to provide the onsite affordable housing units: (1) a reduced setback from 30 feet to 20 feet from Alicante Road, and; (2) retaining wall heights up to approximately ten feet. These incentives will allow for the site's topographically constrained site to be graded into building pads for development. The horizontal area gained via the implementation of these incentives will allow for: compliance with applicable recreational space standards; parking standards; stormwater and runoff control standards; minimizing habitat impacts associated with the site's creek drainage feature, and; allows for a quality project that will be compatible with the surrounding development to the highest amount of density possible. Early staff input requested more density and units onsite, however, through interactive communications with the city, the project ultimately was supported for the proposed density and unit count of 35 units which is demonstrated by the HPT statement of support (see attached email dated October 2, 2014 from Debbie Fountain with copy to city staff and the project team). Other pre-application efforts by the project team include the processing of two preliminary reviews with city staff: PRE 13-04 and PRE 14-19. The project will have dual access points, one off of Altisma Way and the other off of Altiva Place. A bridge over the drainage creek will connect the two portions of the project. Coast Waste has reviewed the project site plan and provided an email confirming their ability to service the site with each unit's garage accommodating space for individual trash/recycling containers. See attached email from Coast Waste dated November 4, 2014. Site grading involves a grading concept that is within the allowed parameters of the Hillside Development Ordinance. Since the site is between upstream development and the La Costa Golf Course downstream, the proposed drainage improvements for the site are consistent with the City's Master Drainage Plan and may be eligible for reimbursement by the city. These improvements are depicted on the project exhibits and the project Drainage Report prepared by Wayne Chang. Drainage improvements include: • Increasing culvert under Alicante Road in order to lower on-site water surface elevations. • Proposing channelization and drop structures on-site to convey the 100- year flow with acceptable flow velocities. • Implement bioretention basins on the east and west portions of the site to meet low impact development and hydromodification criteria. The Cascada Verde project is also described with respect to environmental elements in the EIA attached to this project application, including references to all submitted technical reports. 1 of 1 https:/ /email.urbanipc · ~ht.com/alwebmail.php?wsid=a82e5595b 131 d ... -----Original Message----- From: "Debbie Fountain" <Debbie.Fountain@carlsbadca.gov> Sent: Thursday, October 2, 2014 4:41pm To: "emunoz@hofmanplanning.com" <emunoz@hofmanplanning.com> Cc: "Christer Westman" <Christer.Westman@carlsbadca.gov>, "'matt@ikonlimited.com"' <matt@ikonlimited.com>, "Michael Kootchick" <michael@sdpropertymanager.com>, "'Eduardo Cadena'" <ecadena@hofmanplanning.com>, "Jamie Starck" <jamie@starckap.com> Subject: RE: Write-up for HPT Agenda.Aitisma Condos Hi Eric and others. Thank you for your presentation to the Housing Policy Team on October 1, 2014 regarding the Altisma Condos and the requested standards modifications. Your request was received positively by the entire team, and is supported by the team. This support from the team allows the project planner (Christer Westman) to move forward knowing that the Housing Policy Team supports the standards modifications and reasons for them, and will support his recommendation of approval of the modifications. The team also understood that you accommodated as many residential units on the site as possible, and appreciate your efforts to develop a higher density development. They found the 35 units to be acceptable given the constraints of the site. The team was also complimentary of design efforts understanding the difficulty of the site. Thank you for your efforts, and let me know if you have any additional comments or questions. Thanks, Debbie Fountain Housing and Neighborhood Services Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad,Ca.92008 (760) 434-2935 3/9/2015 12:45 PM 1 of 1 https:/ /email.urbaninc' 1-tt.com/versions/webmail/11.3 .13-RC/popup.p ... From: Lopez, Stella [mailto:slopez2@wm.com] Sent: Tuesday, November 04, 2014 12:09 PM To: Keasha Mendez Cc: Cortez, Joe -A; Stauffer, Kurt Subject: RE: ALTISMA site plan for WASTE MANAGEMENT review Hi Keasha, We approve residential service at your location. We will enter off Driveway C and exit Driveway A. Let us know if you need Green Waste Services. Thanks. Stella From: Jamie Starck [mailto:jamie@starckap.com] Sent: Monday, March 09, 2015 3:33 PM To: Michael Kootchick; Jennifer Spencer; Eduardo Cadena; 'Mike Trotta'; 'Harry Mestyanek' Cc: 'Jaime Morales'; 'Matt Nelson'; Sorapong Thamayongkit; Wayne Chang; emunoz@hofmanplanning.com Subject: RE: trash enclosure We have provided space in each garage for individual trash containers. Jamie Starck Starck Architecture + Planning 2045 Kettner Blvd San Diego CA 92101 619 299 7070 EXT 113 3/9/2015 4:42PM Cascada Verde -Project Description The proposed project site is located on an infill property surrounded by existing multi-family residential projects. Located north of Alicante Road, and between Altisma Way and Altiva Place, the gross site acreage is 3.677 acres with a net acreage of 3.32 acres. The project proposes 35 total dwelling units for a project density of 10.5 dwelling units per acre, which is within the allowable density range of the RMH (Residential Medium High) General Plan designation. The zoning designation is RD-M (Residential Density-Multiple) which allows for attached residential development. The site is not located with the city's Coastal Zone or within a hardline preserve area of the city's Habitat Management Plan. The proposed condominium project will consist of five 4-plex buildingiS and three 5-plex buildings of three stories and within the 35 foot height limit. Square footage will range from 809 square feet (1 bedroom) to 2,010 square feet (3 bedrooms). The architectural style proposed is Santa Barbara Mediterranean. The project is processing a Vesting Tentative Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit. The Vesting Tentative Map is intended to lock-in applicable stormwater control criteria and project features currently in place for 2015 so that future criteria and related project features would not be required of this project. Affordable housing compliance will be achieved via the location of five onsite affordable units. As part of the project's pre-application efforts, the project was reviewed by, and received the support of, the city's Housing Policy Team (HPT). The HPT support addresses the overall project density, onsite affordable housing compliance proposal, and the two development standard incentives necessary to provide the onsite affordable housing units: (1) a reduced setback from 30 feet to 20 feet from Alicante Road, and; (2) retaining wall heights up to approximately ten feet. These incentives will allow for the site's topographically constrained site to be graded into building pads for development. The horizontal area gained via the implementation of these incentives will allow for: compliance with applicable recreational space standards; parking standards; stormwater and runoff control standards; minimizing habitat impacts associated with the site's creek drainage feature, and; allows for a quality project that will be compatib,le with the surrounding development to the highest amount of density possible. Early staff input requested more density and units onsite, however, through interactive communications with the city, the project ultimately was supported for the proposed density and unit count of 35 units which is demonstrated by the HPT statement of support (see attached email dated October 2, 2014 from Debbie Fountain with copy to city staff and the project team). Other pre-application efforts by the project team include the processing of two preliminary reviews with city staff: PRE 13-04 and PRE 14-19. The project will have dual access points, one off of Altisma Way and the other off of Altiva Place. A bridge over the drainage creek will connect the two portions of the project. Coast Waste has reviewed the project site plan and provided an email confirming their ability to service the site with each unit's garage accommodating space for individual trash/recycling containers. See attached email from Coast Waste dated November 4, 2014. Site grading involves a grading concept that is within the allowed parameters of the Hillside Development Ordinance. Since the site is between upstream development and the La Costa Golf Course downstream, the proposed drainage improvements for the site are consistent with the City's Master Drainage Plan and may be eligible for reimbursement by the city. These improvements are depicted on the project exhibits and the project Drainage Report prepared by Wayne Chang. Drainage improvements include: • Increasing culvert under Alicante Road in order to lower on-site water surface elevations. • Proposing channelization and drop structures on-site to convey the 100- year flow with acceptable flow velocities. • Implement bioretention basins on the east and west portions of the site to meet low impact development and hydromodification criteria. The Cascada Verde project is also described with respect to environmental elements in the EIA attached to this project application, including references to all submitted technical reports. 1 of 1 https://email.urbanir · <J,ht.com/a/webmail.php?wsid=a82e5595b 131d ... -----Original Message----- From: "Debbie Fountain" <Debbie.Fountain@carlsbadca.gov> Sent: Thursday, October 2, 2014 4:41pm To: "emunoz@hofmanplanning.com" <emunoz@hofmanplanning.com> Cc: "Christer Westman" <Christer.Westman@carlsbadca.gov>, "'matt@ikonlimited.com"' <matt@ikonlimited.com>, "Michael Kootchick" <michael@sdpropertymanager.com>, "'Eduardo Cadena"' <ecadena@hofmanplanning.com>, "Jamie Starck" <jamie@starckap.com> Subject: RE: Write-up for HPT Agenda.Aitisma Condos Hi Eric and others. Thank you for your presentation to the Housing Policy Team on October 1, 2014 regarding the Altisma Condos and the requested standards modifications. Your request was received positively by the entire team, and is supported by the team. This support from the team allows the project planner (Christer Westman) to move forward knowing that the Housing Policy Team supports the standards modifications and reasons for them, and will support his recommendation of approval of the modifications. The team also understood that you accommodated as many residential units on the site as possible, and appreciate your efforts to develop a higher density development. They found the 35 units to be acceptable given the constraints of the site. The team was also complimentary of design efforts understanding the difficulty of the site. Thank you for your efforts, and let me know if you have any additional comments or questions. Thanks, Debbie Fountain Housing and Neighborhood Services Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca. 92008 (760) 434-2935 3/9/2015 12:45 PM 1 of 1 https://email.urbanir· · -l!t.com/versions/webmail/11.3.13-RC/popup.p ... From: Lopez, Stella [mailto:slopez2@wm.com] Sent: Tuesday, November 04, 2014 12:09 PM To: Keasha Mendez Cc: Cortez, Joe -A; Stauffer, Kurt Subject: RE: ALTISMA site plan for WASTE MANAGEMENT review Hi Keasha, We approve residential service at your location. We will enter off Driveway C and exit Driveway A. Let us know if you need Green Waste Services. Thanks. Stella From: Jamie Starck [mailto:jamie@starckap.com] Sent: Monday, March 09, 2015 3:33 PM To: Michael Kootchick; Jennifer Spencer; Eduardo Cadena; 'Mike Trotta'; 'Harry Mestyanek' Cc: 'Jaime Morales'; 'Matt Nelson'; Sorapong Thamayongkit; Wayne Chang; emunoz@hofmanplanning.com Subject: RE: trash enclosure We have provided space in each garage for individual trash containers. Jamie Starck Starck Architecture + Planning 2045 Kettner Blvd San Diego CA 92101 619 299 7070 EXT 113 3/9/2015 4:42PM (cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbadca.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): [j] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Lanshire Housing Partners, LLC Address: P.O. Box 2671 Carlsbad, CA 92018 Phone Number: ____________ _ PROPERTY OWNER N Lanshire HoustincJ Partners, LLC ame: • Address: P.O. Box ~~671 Carlsbad, CA 92018 Phone Number: __________ _ Address of Site: ____________________________ _ Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_1_5_-_2_4_0_-3_6 _____________ _ Specify list(s):_N_f_A _________________________ _ Regulatory Identification Number: ______________________ _ Dateo~~~- Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 City of Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title ·19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: -----------(To be completed by City) General Information 1. Name of project: Cascada Verde Town homes 2. Name of developer or project sponsor: Lanshire Housing Partners Address: 4380 La Jolla Village Drive, #250 City, state, Zip code: San Diego, CA 92122 Phone Number: 619-804-3417 3. Name of person to be contacted concerning this project: _E_r_i_c_M_u_o_n_z ________ _ Address: 3156 Lionshead Avenue, Suite 1 City, state, Zip code: Carlsbad, CA 92010 Phone Number: 760-692-4011 4. Address of Project: North of Alicante Road, East of Altisma Way 5. 6. 7. 8. 9. Assessor's Parcel Number: 215-240-36 --------------------------- ~ist a~d describe a~y other _related_ permits and other public approvals required for this project, including those requ1red by c1ty, reg1onal, state and federal agencies: Existing General Plan Land Use Designation: RM H ----------------------------- Existing zoning district: ._R_D_-_M ____________________ _ Existing land use(s): Vacant -Undeveloped Proposed use of site (Project for which this form is filed): 35 unit, multi-family residential project Project Description 10. Site size: 3.68 gross acres 11. Proposed Building square footage: Approx 57,500 sf ~~---------------------------- 12: Number of floors of construction: Three ----------------------------- 13. Amount of off-street parking provided: 65 garage, 11 surface (76 total) 14. Associated projects: None ---------------------------------- P-1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 35 units. See attached for unit details. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 1 0 percent or more. 0 D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. D 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. r: ~ Signature: c~ M VV'/\ ~ Date: For: \-kff'f\on DluonunCj ~ ~-neeri~ P-1(0) Page 4 of 4 Revised 07/10 ALTISMA IKON 2014014 10/15/2014 AREAS-UPHILL TOWNHOMES PLAN 1 FIRST FLOOR SECOND FLOOR THIRD FLOOR TOTAL DECK GARAGE PLAN2 FIRST FLOOR SECOND FLOOR THIRD FLOOR TOTAL DECK GARAGE IPLAN3 FIRST FLOOR SECOND FLOOR THIRD FLOOR TOTAL DECK GARAGE 206 S.F. 610 S.F. 687 S.F. 1504 S.F. 110S.F. 451 S.F. 265S.F. 706 S.F. 803 S.F. 1774 S.F. 114 S.F. 473 S.F. 379 S.F. 873 S.F. 785 S.F. 2038 S.F. 120 S.F. 453 S.F. I PLAN 4 AFFORDABLE 1 BR TOWNHOME I FIRST FLOOR 55S.F. SECOND FLOOR 377 S.F. THIRD FLOOR 359 S.F. TOTAL 790 S.F. DECK 84S.F. GARAGE 356 S.F. NO. OF UNIT TOTAL AREA PER PLAN TOTAL AREA PER BUILDING TYPE 14 21055 S.F. 51551 S.F. 8 14192 S.F. 8 16304 S.F. 5 3952S.F. 3952 S.F. CASCADA VERDE -EIA FORM #20 The project site is not located near any bays, tidelands, beaches or hills so no impacts to those types of natural features in the city will result from the proposed project. There will be an alteration of existing ground contours because the site currently has a north to south drainage feature bisecting the site into sloped areas on either side. These sloped areas are mostly fill from adjacent offsite projects and do not represent natural or protected steep slopes. Therefore grading of the site is necessary to create pads for the proposed residential development. Due to the site topography and overall difference in elevation, it meets the criteria to process a Hillside Development Permit. Given the estimated grading volume of 2,991 cubic yards per acre, the site grading falls within the 'Acceptable' grading volume of 0-7,999 cubic yard per acre outlined in the city's Hillside Development Ordinance. The use of retaining walls will minimize the extent of habitat impacts to support the development pads. A city grading permit will be required. Given the above, there will not be a significant impact to landform alteration due to grading the site for development consistent with the property's land use designations. See partially related response to #27. #21 Since the site is an undeveloped infill property surrounded by existing residential units, the proposed development will change the existing views of the site which is currently dominated by vegetation ranging from mixed-disturbed to natural species associated with the drainage habitat. Likewise, the view of the site from Alicante Road will change. There are no designated scenic vistas in the immediate area or general area, and the site is not protected through any land use controls that would prevent the development of the site in a manner consistent with the property's land use designations. #22 There will be no significant change in the pattern, scale or character of the general area around the project site since the property will be developed in conformance with longstanding land use designations that require multi-family development with medium to high residential density. While the physical setting of the infill site will change given the conversion from undeveloped land to the proposed project, there are no amendments necessary to the zoning ordinance or General Plan to accommodate the project. Furthermore, the site is not regulated by any habitat management plan or open space provisions that would prevent the implementation of the proposed project. The density, graded building pads, building footprints, and overall architectural style and quality of the project will ensure long-term compatibility with the scale and style of the existing residential developments adjacent to the subject infill site. #23 There will not be a significant amount of solid waste or liter associated with the project since the property will be developed in accordance with applicable land use designations and within the allowed density prescribed for the site. All necessary public facilities and services will be available for the site in compliance with the city's Growth Management Ordinance and specifically the provisions of the Zone 6 Local Facilities Management Plan. In addition, the site will be adequately serviced by Coast Waste for rubbish collection and removal services similar to the waste removal services currently in place for the adjacent, existing residential properties. #24 As a residential project similar in scale and style to those in the immediate vicinity, there will be no unusual generation of smoke, ash or odor by the proposed project. #25 Given the project location, there will be no impacts to the Pacific Ocean, Batiquitos Lagoon, or other regional bays, lakes or streams. In addition, no ground water resources or water quality will be impacted. There will be alterations to the existing drainage onsite to accommodate the site grading pursuant to resource agency reviews and permits after city approvals. However, there will not be a corresponding significant change in the overall drainage pattern since the project will satisfy the city's Master Drainage Plan and will be issued a grading permit which will likewise ensure compliance with stormwater and water quality regulations. #26 As a residential project developed at the city-designated level of density, there will not be a significant impact to existing noise or vibration levels. The noise levels that will be generated by the proposed project can be expected to be typical of projects of similar scale, including the existing residential units adjacent to the site. In addition, the project will be compliant with the city's noise policy with regards to interior and exterior noise levels associated with adjacent traffic ctnd roadway noise from Alicante Road. An Acoustical Analysis Report, dated October 9, 2014 was prepared for the project by Eilar Associates (attached by reference to this EIA). Field measurements and modeling data were generated pursuant to the city's noise policy. The report concluded that there will be compliance with the indoor noise limit of 4S CNEL (Community Noise Equivalent Level) and outdoor limit of 60 CNEL. The report goes on to outline a state building code requirement for unit-to-unit sound transmission for multi-family projects where units are located horizontal to each other. The Sound Transmission Class (STC) rating for common walls must have a minimum rating of SO. Therefore, the project can be conditioned to verify a minimum STC rating of SO through the building permit plancheck process; but it is not a necessary mitigation measure for the project since a significant environmental impact will not be generated through standard compliance with applicable state building codes for multi-family residential projects. #27 The site does contain slopes in excess of 10% gradient and is also subject to the requirements of the Hillside Development Ordinance and requires the issuance of a Hillside Development Permit (HDP) and subsequent grading permit. The HDP process will ensure that grading quantities are 'Acceptable' per code section 21.9S.120 D and that the proposed landform alteration is compatiiJie with the scale and character of adjacent developments. Given the site acreage and estimated grading quantities, the project involves approximately 2,991 cubic yards of grading per acre which is within the 'Acceptable' range of 0-7,999 cubic yards/acre. Estimated grading quantities involve approximately 9,000 cubic yards of cut; 11,000 cubic yards of fill; and 2,000 cubic yards of import. Site constraints, slope analysis, site plan, and grading concept exhibits are incorporated into this EIA via reference as part of the formal submittal package for the proposed project. #28 As a typical residential project with multi-family units, there will not be any significant or unusual use or disposal of hazardous materials, toxic substances, flammables or explosives. #29 Located within Local Facilities Management Zone 6 of the city's Growth Management Ordinance, all necessary public facilities and services will be available to satisfy the needs of existing and future residential units. This includes police, fire, water, sewage, etc. Since no amendments to the allowed density specified by the General Plan designation of RMH is being requested, and in combination with the projeces conditions of approval the project will be adequately served by all public facilities and services. #30 As a typical residential project with multi-family units, there will not be any significant or unusual use of fossil fuel consumption, electricity, oil, natural gas or other energy sources. #31 This project represents the build-out of an existing infill residential site; there is no connected larger project or future phase(s) associated with the proposed project. #32 The pre-project condition of the property is that of an undeveloped infill site with non-native slopes on either side of a north-to-south oriented drainage course and related vegetation. Site photos are attached to this EIA; no structures are located onsite. The site does not have any historic, cultural or designated scenic qualities associated with it. Soils are typical for this portion of Carlsbad, and a Geotechnical Evaluation Report (attached by reference to this EIA) dated October 20, 2014 was performed by GeoTek, Inc. Given the presence of manufactured fill slopes onsite, and adjacent projects that did not have any cultural resource monitoring required of them via mitigation measures as part of their grading or project approvals (including Spy~Jiass Pointe, CT 84-10/CP 277), this site can be considered to be free of any significant cultural or paleontological resources. The site's topography and corresponding grading concept, including the use of stabilizing retaining walls, will be subject to the full scope of stormwater control and water quality compliance by the city and affected resource agencies. A Drainage/Hydrology Report (attached by reference to this EIA) was performed by Wayne Chang and a Storm Water Management Plan, also performed by Wayne Chang collectively outline the project's hydrologic component and related compliance with applicable storm water runoff and water quality regulations. The site vegetation and biological conditions are described in the Biological Resources Technical Report (attached by reference to this EIA) dated March 2015 and was performed by LSA. In addition, a Jurisdictional Delineation was performed by LSA and summarized in a Jurisdictional Delineation Report dated May 2013 (also attached by reference to this EIA). The Report outlines the site's biological resources and context relative to resource agency criteria and future permit requirements. In summary, One special-status plant species, San Diego marsh-elder (Iva hayesiana), was observed during the biological surveys. No other special-status plant species have the potential to occur within the Biological Study Area (BSA). Although seven animal species have the potential to occur within the BSA, none was detected during biological surveys. Construction of the Cascada Verde Residential Development Project is expected to affect approximately 0.53 acre of United States Army Corps of Engineers (Corps) jurisdiction and 1.08 acres of California Department of Fish and Wildlife (CDFW) jurisdiction. Approximately 0.11 acre of nonnative grassland, coastal sage scrub, and ornamental vegetation to be temporarily affected by project-related activities associated with drainage realignment will be used for on-site creation of wetland habitat. Upon completion of grading and construction activities, these areas will be planted with native wetland container plants, cuttings, and seed. Approximately 0.23 acre of riparian woodland to be temporarily affected by project-related activities will be restored. Upon completion of ~Jrading and construction activities, these areas will be planted with wetland container plants, cuttings, and seed. Approximately 0.49 acre of riparian woodland within the southern half of the drainage will not be affected by project-related activities. This land will be enhanced, meaning that all nonnative species will be removed. LSA anticipates that the remaining native vegetation will fill in the voids left by the removed nonnative vegetation. However, if the voids appear to be greater than that which can be filled by the existing vegetation, installation of container plants, cuttings, and/or seed is recommended. A total of 0.84 acre of on-site creation, restoration, and enhancement would be used to offset anticipated mitigation for impacts to potentially jurisdictional areas. #33 The properties surrounding the subject infill site are developed with multi-family residential units to the east and west; Alicante Road is located to the south, and the north-to-south oriented creek drainage and an SDGE easement area is located to the north. No significant biological, cultural or historical resources are generally associated with the area given the built-out environment. The residential structures are of similar development intensity to the proposed project with regards to building height, setbacks, density, and coverage. Photos are attached to this application and EIA by reference along with an index map. CASCADA VERDE -EIA FORM #20 The project site is not located near any bays, tidelands, beaches or hills so no impacts to those types of natural features in the city will resu~t from the proposed project. There will be an alteration of existing ground contours because the site currently has a north to south drainage feature bisecting the site into sloped areas on either side. These sloped areas are mostly fill from adjacent offsite projects and do not represent natural or protected steep slopes. Therefore grading of the site is necessary to create pads for the proposecl residential development. Due to the site .topography and overall difference in elevation, it meets the criteria to process a Hillside Development Permit. Given the estimated grading volume of 2,991 cubic yards per acre, the site grading falls within the 'Acceptable' grading volume of 0-7,999 cubic yard per acre outlined in the city's Hillside Development Ordinance. The use of retaining walls will minimize the extent of habitat impacts to support the development pads. A city grading permit will be required. Given the above, there will not be a significant impact to landform alteration due to grading the site for development consistent with the property's land use designations. See partially related response to #27. #21 Since the site is an undeveloped infill property surrounded by existing residential units, the proposed development will change the existing views of the site which is currently dominated by vegetation ranging from mixed-disturbed to natural species associated with the drainage habitat. Likewise, the view of the site from Alicante Road will change. There are no designated scenic vistas in the immediate area or general area, and the site is not protected through any land use controls that would prevent the development of the site in a manner consistent with the property's land use designations. #22 There will be no significant change in the pattern, scale or character of the general area around the project site since the property will be developed in conformance with longstanding land use designations that require multi-family development with medium to high residential density. While the physical setting of the infill site will change given the conversion from undeveloped land to the proposed project, there are no amendments necessary to the zoning ordinance or General Plan to accommodate the project. Furthermore, the site is not regulated by any habitat management plan or open space provisions that would prevent the implementation of the proposed project. The density, graded building pads, building footprints, and overall architectural style and quality of the project will ensure long-term compatibility with the scale and style of the existing residential developments adjacent to the subject infill site. #23 There will not be a significant amount of solid waste or liter associated with the project since the property will be developed in accordance with applicable land use designations and within the allowed density prescribed for the site. All necessary public facilities and services will be available for the site in compliance with the city's Growth Management Ordinance and specifically the provisions of the Zone 6 Local Facilities Management Plan. In addition, the site will be adequately serviced by Coast Waste for rubbish collection and removal services similar to the waste removal services currently in place for the adjacent, existing residential properties. #24 As a residential project similar in scale and style to those in the immediate vicinity, there will be no unusual generation of smoke, ash or odor by the proposed project. #25 Given the project location, there will be no impacts to the Pacific Ocean, Batiquitos Lagoon, or other regional bays, lakes or streams. In addition, no ground water resources or water quality will be impacted. There will be alterations to the existing drainage onsite to accommodate the :site grading pursuant to resource agency reviews and permits after city approvals. However, there will not be a corresponding significant change in the overall drainage pattern since the project will satisfy the city's Master Drainage Plan and will be issued a grading permit which will likewise ensure compliance with stormwater and water quality regulations. #26 As a residential project developed at the city-designated level of density, there will not be a significant impact to existing noise or vibration levels. The noise levels that will be generated by the proposed project can be expected to be typical of projects of similar scale, including the existing residential units adjacent to the site. In addition, the project will be compliant with the city's noise policy with regards to interior and exterior noise levels associated with adjacent traffic and roadway noise from Alicante Road. An Acoustical Analysis Report, dated October 9, 2014 was prepared for the project by Eilar Associates (attached by reference to this EIA). Field measurements and modeling data were generated pursuant to the city's noise policy. The report concluded that there will be compliance with the indoor noise limit of 45 CNEL (Community Noise Equivalent Level) and outdoor limit of 60 CNEL. The report goes on to outline a state building code requirement for unit-to-unit sound transmission for multi-family projects where units are located horizontal to each other. The Sound Transmission Class (STC) rating for common walls must have a minimum rating of 50. Therefore, the project can be conditioned to verify a minimum STC rating of 50 through the building permit plancheck process; but it is not a necessary mitigation measure for the project since a significant environmental impact will not be generated through standard compliance with applicable state building codes for multi-family residential projects. #27 The site does contain slopes in excess of 10% gradient and is also subject to the requirements of the Hillside Development Ordinance and requires the issuance of a Hillside Development Permit (HDP) and subsequent grading permit. The HDP process will ensure that grading quantities are 'Acceptable' per code section 21.95.120 D and that the proposed landform alteration is compatible with the scale and character of adjacent developments. Given the site acreage and estimated grading quantities, the project involves approximately 2,991 cubic yards of grading per acre which is within the 'Acceptable' range of 0··7,999 cubic yards/acre. Estimated grading quantities involve approximately 9,000 cubic yards of cut; 11,000 cubic yards of fill; and 2,000 cubic yards of import. Site constraints, slope analysis, site plan, and grading concept exhibits are incorporated into this EIA via reference as part of the formal submittal package for the proposed project. #28 As a typical residential project with multi-family units, there will not be any significant or unusual use or disposal of hazardous materials, toxic substances, flammables or explosives. #29 Located within Local Facilities Management Zone 6 . of the city's Growth Management Ordinance, all necessary public facilities and services will be available to satisfy the needs of existing and future residential units. This includes police, fire, water, sewage, etc. Since no amendments to the allowed density specified by the General Plan designation of RMH is being requested, and in combination with the project's conditions of approval the project will be adequately served by all public facilities and services. #30 As a typical residential project with multi-family units, there will not be any significant or unusual use of fossil fuel consumption, electricity, oil, natural gas or other energy sources. #31 This project represents the build-out of an existing infill residential site; there is no connected larger project or future phase(s) associated with the proposed project. #32 The pre-project condition of the property is that of an undeveloped infill site with non-native slopes on either side of a north-to-south oriented drainage course and related vegetation. Site photos are attached to this EIA; no structures are located onsite. The site does not have any historic, cultural or designated scenic qualities associated with it. Soils are typical for this portion of Carlsbad, and a Geotechnical Evaluation Report (attached by reference to this EIA) dated October 20, 2014 was performed by GeoTek, Inc. Given the presence of manufactured fill slopes onsite, and adjacent projects that did not have any cultural resource monitoring required of them via mitigation measures as part of their grading or project approvals (including Spyglass Pointe, CT 84-10/CP 277), this site can be considered to be free of any significant cultural or paleontological resources. The site's topography and corresponding grading concept, including the use of stabilizing retaining walls, will be subject to the full scope of stormwater control and water quality compliance by the city and affected resource agencies. A Drainage/Hydrology Report (attached by reference to this EIA) was performed by Wayne Chang and a Storm Water Management Plan, also performed by Wayne Chang collectively outline the project's hydrologic component and related compliance with applicable storm water runoff and water quality regulations. The site vegetation and biological conditions are described in ttle Biological Resources Technical Report (attached by reference to this EIA) dated March 2015 and was performed by LSA. In addition, a Jurisdictional Delineation was performed by LSA and summarized in a Jurisdictional Delineation Report dated May 2013 (also attached by reference to this EIA). The Report outlines the site's biological resources and context relative to resource agency criteria and future permit requirements. In summary, One special-status plant species, San Diego marsh-elder (Iva hayesiana), was observed during the biological surveys. No other special-status plant species have the potential to occur within the Biological Study Area (BSA). Although seven animal species have the potential to occur within the BSA, none was detected during biological surveys. Construction of the Cascada Verde Residential Development Project is expected to affect approximately 0.53 acre of United States Army Corps of Engineers (Corps) jurisdiction and 1.08 acres of California Department of Fish and Wildlife (CDFW) jurisdiction. Approximately 0.11 acre of nonnative grassland, coastal sage scrub, and ornamental vegetation to be temporarily affected by project-related activities associated with drainage realignment will be used for on-site creation of wetland habitat. Upon completion of grading and construction activities, these areas will be planted with native wetland container plants, cuttings, and seed. Approximately 0.23 acre of riparian woodland to be temporarily affected by project-related activities will be restored. Upon completion of grading and construction activities, these areas will be planted with wetland container plants, cuttings, and seed. Approximately 0.49 acre of riparian woodland within the southern half of the drainage will not be affected by project-related activities. This land will be enhanced, meaning that all nonnative species will be removed. LSA anticipates that the remaining native vegetation will fill in the voids left by the removed nonnative vegetation. However, if the voids appear to be greater than that which can be filled by the existing vegetation, installation of container plants, cuttings, and/or seed is recommended. A total of 0.84 acre of on-site creation, restoration, and enhancement would be used to offset anticipated mitigation for impacts to potentially jurisdictional areas. #33 The properties surrounding the subject infill site are developed with multi-family residential units to the east and west; Alicante Road is located to the south, and the north-to-south oriented creek drainage and an SDGE easement area is located to the north. No significant biological, cultural or historical resources are generally associated with the area given the built-out environment. The residential structures are of similar development intensity to the proposed project with regards to building height, setbacks, density, and coverage. Photos are attached to this application and EIA by reference along with an index map. (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar da1ys from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of tlhe completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: {E"~ M ~ ~ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 CITY OF ARLSB INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Service!_ 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 (BMP's) into the project design per the City's Standard Urban Stormwater ManagElment Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially 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 Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. 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 separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. !SECTION 1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Housin(l. §.ubdivisions of 10 or mgre dweQing unit§. Examples: single family homes, multi-family homes, ~ condominium and apartments 2. Commercial-greater than 1-acce. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercia I ~ nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heavv lndusfrial I /ndustrv-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal ~ working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, "' 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the .../ land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric siting criteria requirements and hydromodlfication requirements. E-34 Page 1 of3 REV 1/14/11 6. 7. 8. 9. CITY OF STORM WATER STANDARDS QUESTIONNAIRE E-34 DeveloJLment Services Land Development Engineering 1635 Faraday Avenue 760·602-2750 www.carlsbadca.gov Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is ~ located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twentv-five percent (25%) or areater. Envlronmentaltv Sensitive Area CESAf, All development located within or directly adjacene to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ~ ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a prooosed oroiect site 10% or more of its naturally occurrina condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban ~ runoff Streets. roads, highways, and freeways. Any paved surface that is 5,000 square feet or greater ustad for the ~ transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail !ifi.Sfl.line QJJ.tlets. Serving more than 100 vehicles per day and greater than 5,000 square feet " 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and ( 1) creates more than " 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a ~ Pollutant-generating Development Project4• .. .. 1 Environmentally Sens1bve Areas Include but are not hm1ted to all Clean Water Act Section 303(d) 1mpa1red water bod1es, areas des~gnated as Areas of Spec1al 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; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent' means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to• means outflow from a drainage conveyance system that is composed entirely of flows from the subject devtllopment or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feat and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases Unear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS:, Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 CITY OF B STORM WATER STANDARDS QUESTIONNAIRE E-34 DeveiQJ!.ment Servic.£! Land Development Engineering 1635 Faraday Avenue 760·602-2750 www.carlsbadca.gov SECTION2 SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development ~ Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOf,MENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section :3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) ~ INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDAR[I STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged " pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDAR:D STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or ~ more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious m:;lterial(s) are removed, exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below . . . *for defimt1on see Footnote 4 on page 2 SECTION3 QUESTIONNAIRE RESULTS My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box This Box for City Use Only Address: Assessor's Parcel Number(s): City Concurrence: I YES I NO 6510 BLACK RAIL RD 215-080·05 & 23 Applicant Name: Applicant Title: I I By: TIM HENION PROJECT MANAGER Date: Ap~li~n.t ~ignrtu{e: Date: ·~, ••• o__,.; ;~-;,-,t·-···· '"'" ""''"'"""'. 6/29/2015 ProjectiD: E-34 Page 3of3 REV 1/14/11 ~Chicago Title Company 2365 Northside Drive, Suite 500, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: Issuing Policies of Chicago Title Insurance Company ORDER NO.: 12204758-996-U50 S.O.S. Management & Property Services, Inc 11855 Sorrento Valley Rd. #D San Diego, CA 92121 ATTN: Michael Kootchick Email: makootch@aol.com Ref: Altisma Way Escrow/Customer Phone: (619) 521-3500 Title Officer: Tom Votel & Ken Cyr (SD/BS) Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: Cyr-Votel@ctt.com PROPERTY: ALTISMA WAY, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 Doll or Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose 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 policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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, dejects and encumbrances affecting title to the land. Chicago Title Company By: c;;;;;r-- Authorized Signature CLTA Preliminary Report Form-Modified (11/17/06) ,.,P~m//Up);r /_ ~,L __ ,K., .• Page 1 ~Chicago Title Company 2365 Northside Drive, Suite 500, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: PRELIMINARY REPORT EFFECTIVE DATE: February 12,2015 at 7:30a.m. ORDER NO.: 12204758-996-U50 The form of policy or policies of title insurance contemplated by this report is: No Policy Issued I. THE EST ATE 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: Lanshire Housing Partners, LLC, a Texas limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLT A Preliminary Report Form -Modified ( 11117/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: Altisma Way EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 12204758-996-USO THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 4 OF PARCEL MAP NO. 13158, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1984 AS INSTRUMENT NO. 84-061796 OF OFFICIAL RECORDS. APN: 215-240-36 CLTA Preliminary Report Form~ Modified (11117/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Altisma Way EXCEPTIONS Chicago Title Company ORDER NO.: 12204758-996-USO AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 215-240-36-00 2014-2015 $218.99, paid. $218.99, unpaid (Delinquent after April 1 0) $31.89 None 09062 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. San Diego County Flood Control District Purpose:. easement for drainage channel and all structures incidental thereto Recorded:. June 18, 1970 as Instrument No. 70-106332 of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company Tree Trimming April 16, 1954 Instrument No. 494841 Book 5207, Page 161 and May 12, 1954 Instrument No. 62395 Book 5235, Page 133 Official Records The route thereof affects a portion of said land and is more fully described in said document. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District pipe line or pipe lines for any and all purposes, together with their necessary fixtures, appurtenances and incidental purposes October 5, 1973 as Instrument No. 73-282155 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District construction, operation, maintenance, repair, replacement of a sewer pipe line or pipelines, manholes, laterals, appurtenances, right of ingress and egress and incidental purposes October 14, 1975 as Instrument No. 75-0282565 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Form-Modified (11/17/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: Altisma Way EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: I2204758-996-U50 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego County Flood Control District drainage channel and all structures incidental thereto October 20, 1975 as Instrument No. 75-289313 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Easement Purpose:. Affects:. drainage as shown on said map 7. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on Parcel Map No. 13158. 8. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated:. Trustor:. Trustee:. Beneficiary:. Recorded: $400,000.00 May 9, 2014 Lanshire Housing Partners, LLC, a Texas limited liability company Chicago Title Company, a California corporation Sea Sunshine Holdings LLC, a New Jersey limited liability company May 15, 2014 as Instrument No. 2014-0198589 of Official Records 9. Water rights, claims or title to water, whether or not disclosed by the public records. 1 0. Matters which may be disclosed by an inspection and/or by a correct ALTAI ACSM Land Title Survey of said Land that is satisfactory to the Company, and/pr by inquiry of the parties in possession thereof. 11. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form-Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Altisma Way REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 12204758-996-USO I. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Lanshire Housing Partners, LLC, a Texas limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do busine~;s in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority ofthose signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS PRELIMINARY REPORT YOUR REFERENCE: Altisma Way INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 12204758-996-USO 1. None of the items shown in this report will cause the Company to decline to attach CLT A Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL T A Eadorsement Form 116 indicating that there is located on said Land Undeveloped Land properties, known as Altisma Way, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in conne,~tion with its issuance or the breach of a policy provision or other obligation: Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Tom Votel & Ken Cyr (SD/BS)/gp PRELIMINARY REPORT YOUR REFERENCE: Altisma Way Chicago Title Company ORDER NO.: 12204758-996-050 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date ofbirth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; Information we receive from you through the Website; Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal Privacy Notice Effective: January 6, 2015 nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identifY and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Intt:rnet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacon:; (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us .. We keep this information for our internal use, and this infonnation is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non- personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may h~.ve access to and use non- personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may PRELIMINARY REPORT YOUR REFERENCE: Altisma Way Chicago Title Company ORDER NO.: 12204758-996-USO INFORMATIONAL NOTES (Continued) continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org. • You can opt-out via the Consumer Choice Page at http://www.aboutads.info. • For those in the U.K., you can opt-out via the lAB UK's industry opt-out at http://www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other govermnental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the Privacy Notice Effective: January 6, 2015 rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguard~. to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these pa.rties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information at1d to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect fi·om consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with apphcable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non-Personal Information to take pr1~cautions against liability, investigate and defend against any third-party claims or allegations, assist government enforct::ment agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any ofthe information that is disclosed to.us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE PRELIMINARY REPORT YOUR REFERENCE: Altisma Way Chicago Title Company ORDER NO.: 12204758-996-USO INFORMATIONAL NOTES (Continued) IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that Privacy Notice Effective: January 6, 2015 provision of your Personal Information is required to apply for an open position. IfFNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you disclosure and use. You may opt out of online behavioral advertising by following the instructions .set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally id,entifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year . information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will rect~ive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever PRELIMINARY REPORT YOUR REFERENCE: Altisma Way Chicago Title Company ORDER NO.: 12204758-996-USO INFORMATIONAL NOTES (Continued) concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to. you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re- performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, Privacy Notice Effective: January 6, 2015 unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signifY your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 6, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualifY for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC-Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (04-08-14) 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: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 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 HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) 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 toY ou at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE $10,000.00 $25,000.00 $25,000.00 $5,000.00 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 govenunental 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 tl1e 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 I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights 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 tl1e Insured Claimant; ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) (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 govermnental authority and created or atmching 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 11(b ). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to th<: 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, 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: 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: I. (a) Any law, ordinance, permit, or govermnental 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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any govermnental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 9 and I 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. ©California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe deed or other instrument of transfer in the Public Records that vests Tit!e 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 !hereof; (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 (12-02-B) 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 Jaws, ordinances, or governmental regulations. This Exclusion 1(a) does not modifY or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modifY or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights 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 lnsured 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 Riskll, 16, 17, I8, 19,20,2I,22,23,24,27or28);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 Jaw. This Exclusion does not modifY or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or Jack of priority of the lien of the Insured Mortgage as to Advan<:es 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 1 I. 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 1l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Dale of Policy in accordance with applicable building codes. This Exclusion does not modifY or limit the coverage provided in Covered Risk 5 or 6. ©California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-I4) 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 09 ti) SHT 2 ~ • CO NOM 24 ,. .. SA~~H.Q COt<~OMS ooc ets-Jnl44 lS!S£ SH'f' 6) I ,:) S• •• ~ t;Aw l)lf-fH) \;IJVIn""' ~StH~O'l''!l ~ll" r!l. <::f!i-Pl.< 11t SHT J C!"' :1 ~ 1 ~ ~ 2:11 230 """"i:~<(l; TE~R <:ONDM G ;;.' «>- ·""'""' s<-'(')o/. -~ ,:< ;r'~4 "" 'P ·~ ~ '-'c -" <'Y' /~ \ (Zl~A.r].£' /~ \ ~~~ Ro ~~ •\ SHTI ~.. . <'l. _:."'; ...... /// ~(.,. _/_/ t. ';JI 9 9 ~ 1"m200' tfJ M~t:wo.:t 5.M g.~ :1;.-?-AC£ MAP 12590-CARLSBAO TCT. NO 85-28 LA COSTA W.U::Y TERPJ!CE MAP12325-<:ARLSBAD TCT ill 84·-41 ALGA HILLS MAP 11704~S8AD TCT NO 84-10 tCOt~OM1 MAP 11400-CAALSE\liD ICT NQ. Sd-27 lCONDM) Mt>P 9986-CARLSBAO TCT. NO. 79-23 (CONDM} WAC 8206-CARLSSAD TCT N:J. 72-75 REV OF PC. MAP 7090 • SEA m:W CONOOMINIUM MA.P 6730 -LA COSTA VALLEY UNIT t.'O. 5 City of Carlsbad Faraday Center Faraday Cashiering 001 1521001-1 07/29/2015 32 Wed, Jul 29, 2015 03:37 PM Receipt Ref Nbr: R1521001-1/0017 PERMITS -PERMITS Tran Ref Nbr: 152100101 0017 0022 Trans/Rcpt#: R0110540 SET #: CT150001 Amount: Item Subtotal : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 002024) Total Received: Have a nice day! 1 @ $1,728.00 $1) 728.00 $1 '728 .00 $1,728.00 $1,728.00 $1,728.00 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: LANSHIRE HOUSING PARTNERS LLC Description Amount CT150001 1,728.00 2416 ALTISMA WY CBAD Receipt Number: R0110540 Transaction ID: R0110540 Transaction Date: 07/29/2015 Pay Type Method Description Amount Payment Check 1,728.00 Transaction Amount: 1,728.00