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HomeMy WebLinkAboutCUP 04-05; NORTH COAST CALVARY CHAPEL; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICA TIO 1) .;?PLICATION$ APPLIED FOR: (CHE~K BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY\ USE ONLY) □ Administrative Permit -2nd □ Planned Industrial Permit Dwelling Unit □ Administrative Variance □ Planning Commission · Determination 181 Coastal Development Permit .oC(-o:S □ Precise Development Plan Extension 181 : 0 C(-0) □ Conditional Use Permit Redevelopment Permit □ Condominium Permit 181 Site Development Plan , 0 <.{ --0 z__ 181 Environmental Impact □ Special Use Permit Assessment ~ General Plan Amendment g.r-o'I 04-t -6 □ Specific Plan 181 Hillside Development Permit o ll -o I 181 +eRlali1i1e P:aFeel Map Olltaln Imm Engineering Department If}-Local Coastal Plan Amendment 8·1"-<>T □ Tentative Tract Map fi (4--{ z._ □ Master Plan □ Variance □ Non-Residential Planned gi_ · ?orie Change g-4-0, Development Ot.l-l2- □ Planned Development Permit □ fist other applications not S""Cified . 2) ASSESSOR PARCEL NO(S).: 215-070-13 215-070-26 214-550-01 3) PROJECT NAME: North Coast Calvary Chap>el 4) BRIEF DESCRIPTION OF PROJECT: Please see project description. 5) OWNER NAME (Print or Type) Calvary Chapel North Coast -A California Non-Profit . Corporation 6) APPLICANT NAME (Print or Type) Mark Foreman, President MAILING ADDRESS 7188 Avenida Encinas CITY AND STATE Carlsbad, CA ZIP 92009 MAILING ADDRESS 7188 Avenlda Encinas CITY AND STATE TELEPHONE Carlsbad, CA (760) 929-0029 x122 ZIP TELEPHONE 92009 (760) 929-0029 TliE UEGALOWNER ANO TliAT AU. TliE NY:/1/E UE AND CORRECT TO TliE BEST OF MY 7) BRIEF LEGAL DESCRIPTION The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter both of section 22, Township 12 south, Range 4 west San Bernardino meridian, in the County of San Diego, State of California, according to official plat there of. . ~ ,.1 (}_<(--c(L_ : . . ~. ~ .. •· ,, .•. ,,:,.;-;•,.,_ .. _; .... . . . . . : . . . . . : ·= ·- • • NOTE: A PROPO'!~D PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. 8) LOCATION OF PROJECT: STREET ADDRESS NORTHEAST I CORNER OF AVIARA PARKWAY ON THE BETWEEN (NORTH. SOUTH, EAST. WEST) (NAME OF STREET) AND POINSETTIAI.ANE (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 20 10) PROPOSEDNUMBEROFLOTS r--:;-74 11) NUMBEROFEXISTING ~O 12) PROPOSEDNUMBER ~ L...:__J RESIDENTIAL UNITS L.:,_J OF RESIDENTIAL UNITS ~ 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 814) r ~17) I 26.94I20) PROPOSED IND OFFICE/ SQUARE FOOTAGE PROPOSED INCREASE IN ADT EXISTING GENERAL PLAN 8 15) PROPOSEDCOMM SQUARE FOOTAGE G 11.200 118) PROPOSED SEWER 120 I USAGE IN EDU ~21) PROPOSED GENERAL §] PLAN DESIGNATION 22) EXISTINGZONING I R-1-10,000-Q I ~~Nl~~OPOSED I R-1-10,000-Q I 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIO ERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO IN~PECT A D EN ER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO T OR IS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED FEB O 3 2004 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATldN RECEIVED RECEIVED BY: RECEIPT NO. • PROJECT DESCRIPTION PROJECT NAME: North Coast Calvary Chapel APPLICANT NAME: North Coast Calvary Chapel • Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The project site is generally located on the north side of Poinsettia Lane and on the east side of Aviara Parkway. The project is for a church campus, which calls for the construction of a multipurpose/family center and associated buildings including (but not limited to) preschool, youth building, and chapel. The project will be built in two phases. The first phase includes the multi-purpose building/family center, preschool, chapel and youth buildings. The multi-purpose building/family center will be approximately 49,000 square feet and be located on the northern end of the site with the main foyer toward the central courtyard. The seating capacity for this building will be 1,800 persons. The building will be two stories and will include a basement and mezzanine. Other uses of the multi-purpose building/family center may include dining, sports, adult education, administrative offices, facilities management and a nursery. An approximately 19,000 square foot, two-story preschool will be built on the eastern side of the property and will accommodate approximately 150 students. The preschool will operate Monday through Friday. The preschool building will also be used to accommodate Sunday school classes on the weekends. During Sunday school classes, students with special needs as well as those in kindergarten, first and second grades will be taught on the first floor. Students in grades three through six will utilize the classroom space on the second floor of the preschool building. On the southern end of the site, an approximately 4,000 square foot two-story chapel building will be built. The chapel will seat approximately 288 people. The chapel building will also accommodate adult education classrooms, a library and a bookstore/coffee shop. The bookstore/coffee shop will be open to church members while they are on site for various activities. A youth building will be built on the west side of the site. This approximately 13,000 square foot building will be utilized for junior high, high school and college student's religious education. Phase two of the project will include the expansion of the multi- purpose building/family center, preschool and chapel built during the first phase. Phase two of the project calls for approximately 7,000 square foot addition to the multipurpose building, which will be a gymnasium for sports activities. In phase two of the project, approximately 750 square feet will be added on to the preschool building, which will provide more classroom space. Phase two of the site plan also calls for the addition of approximately 6,000 square feet of adult education classrooms onto the chapel building. The majority of uses will occur on weekends and in the evenings when religious services are conducted. The preschool will operate weekdays as will the church administration. The Carlsbad Unified School District, Carlsbad Municipal Water District and the City of Carlsbad Sewer Agency serve the project. Discretionary permits for the development of this project include a Hillside Development Permit, Site Development Plan, Conditional Use Permit, Non-Residential Coastal Development Permit, and Tentative Parcel Map. • • DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note; Person is defhled as ''Any individual, tiriq, w,~,j4int \'.l'lt~. Ml!OCIJUion, social club, ftatemal organization; corporation, estate, trust, recei~; ¥~ •flHlns arul' any 0tber eollnty, city and county, city municipality, di$trict or other pdlitical subdivlslbn ill' any ;,tbt gr'll1/P o, combination llfl(ing as a unit" Agents may sign this document; however, the legal natne al!if tntity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of AL!. persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Calvary Chapel -North Coast A California Non-Profit Corporation Title Mark Foreman, President Address 7 I 88 Ayenida Encinas Carlsbad CA 92009 2. OWNER (Not the owner's agent) Corp/Part Calyary Chapel North Coast, A California Non-Profit Corporation Address 7188 Ayenida Encinas Carlsbad, CA 92009 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Calvary Chapel -North Coast, A California Non-Profit Corporation Title Mark Foreman. President Address 7 I 88 Ayenida Encinas Carlsbad. CA 92009 Corp/Part Calvary Chapel North Coast. A California Non-Profit Corporation Address 7188 Ayenida Encinas Carlsbad, CA 92009 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 C • • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (l) or (2) above is a nonprofit organization or a trust, list the names and addresses of AISX person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Calvary Chapel North Coast, A California Non-Profit Corporation Title Mark Foreman. President Address 7 I 88 Avenida Encinas Carlsbad, CA 92009 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (I 2) months? 0 Yes .~No If yes, please indicate person{s): ____________ _ NOTE: Attach additional sheets if necessary. above information is true and correct t Mark Foreman Print or type name of owner NIA Signature of owner/applicant's agent if applicable/date NIA Print or type name of owner/applicant's agent H:AOMINICOUNTER\DISCLOSURE STATEMENT 5198 Mark Foreman Print or type name of applicant Page 2 of 2 • • City of Carlsbad I A Fi, I,, I, 1·1 •)4 ·hi ,i, ,t4,i I HAZARDO"CS vv·_.;..STE A.'iD SLBSTA ... 'fCES ST.-\ TE::VfE:-iT Consultation Of Lists of Sites Related To Ffazardous Wastes (Cer:incation ofCcr.:piiance with Goverr.rnenc Code Sec:ion 65962.5) Pursuant to Stace of California Gove=cnt Code Secrion 65962.5, i have consulted the nazardous Wastes and Substances Sites List compiled by the California E:ivironrne::ital Procec:ion Age::icy and hereby certify that ( ci:eck one): GJ Tne deve!opme::it project and any a!t=atives proposed in mis application are 001 contained on the lists compiied ;,ursuant co Section 6596:Z'.S oithe Stace Gove::iment Code. ! I Toe development projec: and any alternatives proposed in "':is 1pplication m contained on the lists compiied ?U...-su:im to Section 65962.5 of the State C-ovemmenr Code. A.PPLlCA..:.·'iT 0 ROPER7.Y O•;t/?>.1'",L Calvary Chapel North Coast, a CalvaRY Cfiapel ~ort11·coast, a Name: California non-profit _corporat~i~le:_'.'.a_lif~~nia non-profit corporation Address: 7188 Avenida Encinas Carlsbad, CA 92009 ?hone Nur:!oe,-:_( 7_6_o_J_~_2_9_-_o_o_2_9 _____ _ ."'-ddr:ss: 7188 Avenida Encinas Carlsbad, CA 92009 Pc.one '.'iur:icer: ( 7 6 0 l 9 2 9-0 0 2 9 Addr~ss aC~ice: North F.ast oorper of Aviara Parkway aod Poinsettia Lane LocalAgency(CicyandCounry):Carlsbad, San Diego County Assessor's book, page, and parcel :mmber: 21 5-070-l 3 0Q • 21 5-Q 10...2 6 QQ. 214-550-0 J -QQ Spedfy list(s): Department of Toxic Substances Control Cortese List Regulatory lde:1tific:ir:ion Numb~:: ___________________________ _ ."-pplicant Signarure/Dace Prop=, Owner S ignar-.Jre/Dace Mark H. Foreman, President FROt;I : SHERR i TT 29 2001 03:21PM P2 p PRELL!\fINARVREYJEW APfLICATIQN Aw~RA PRO!ECTNAME: \.-}o,.--t{ Co~s,d""" C..cd ll<i'r~ C..S.....pe l -l'o,'tJs~ t-l ,'.._ .-~ APPLICANT (Print or type) \Jori£ ~o. .,,f Q.alue., ~ 9-se,e ~ Address 1<f .J 'iJ W $ fo..::: i)......_ •....u:.i..::...::::.=~~==----=-=::;:-G-City. State & Zi~ 9e-_e. I,.-.< 1 <..!Pr ct 'Z.o • "\ Telephone. __ ......,=-J....,.--,--...-,,---.,.-,-~ Signa~'----,.,--77c:--.,.,_-c-7--- Telephone . 'c:, -S,6 '2. -(, I. l '3 Signature r r.'<fE -A e iJ'l" Print Name WQwner•s slana 1lr n tll coadact • prelbDinary review for a devtlopmeat propo11&L PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): ,:Z1 S -070 -36-00 a-< ..1.('f--s"fO-Ol-00 DESCRIPTION OF PROPOSAL (ADD AITACHMl:NT IF NECESSARY): s~ ~ p....Lr;, f ~4-cl" s c.,., e + 1 aw ~ ~ us~ 'k7:;p(. WOULD YOIJ LIKE TO ORALLY PRESENT YOUR PRoPOSAL TO YOUR ASSIGNED STAFF PLJ.NtlllWBNGINEBR? m ~ HQ D PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HA VE PREVIOUSLY SPOKEN TO REGARDING 1HlS PROJECT. IF NONE, PLEASE SO STATE. G: ....-'.J w9 ~ ... -c-k ~ £,A.I "' , u Sr Q I e.ec: -r o ,e. FOR CITY USE ONLY PROJECT NUMBER: PB I: O I· l 3 FBEREQUIR.ED/DATBFEEPAID,...,,,»,.__,y""'t_o _ __,~:,.uhJ::o..;lo_t ________ _ RECEIPTNO.:--:~----.------------------- RECEIVEDBY: Po"'I vod1u1'.) Routing: Planning O Engineering 0 Fire 0 Water 0 Other ____ _ FRM0025 Uf99 PAGlt3Gf3 . ------------- • ,. ~CARLSBA.P PROMENADE PARTNERS, LLC, A Delaware limited liability company ' By: KREG-OC, L.P., a California limited partnership, Its managing member By: KOLL DEVELOPMENT OPERATING CO., LLC • A Delaware limited liability company, its general partner By: KOLL DEVELOPMENT COMPANY, LLC, A Delaware limited liability company, its sole member By: ~ (,' /44a,, f1 Anthony C. Badeaux Its: Vice President . -• • City of Carlsbad IARlll,1111·1•1§•6111,,14,ii March 9, 2001 Sherritt Development Services North Coast Calvary Chapel 7428 Capstan Drive Carlsbad CA 92009 SUBJECT: PRE 01-013 -NORTH COAST CALVARY CHAPEL APN: 215-070-36 & 215-550-01-00 A preliminary review of your project was conducted on February 28, 2001. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an in-depth analysis of your proiect. Additional issues of concern may be raised after your application Is submitted and processed for a more specific and detailed review. Planning: Although there is many design issues, the proposed use of a church campus would be allowed with the processing of a conditional use permit. The application would also require a zone change from the Limited Control (L-C) zone designation to a Residential Single Family, 7,500-square foot lot size minimum, Qualifier Overlay Zone (R-1-7,500-0) to be compatible with the General Plan Residential Low-Medium land use designation. Churches are allowed in the residential zones by conditional use permit. Other permit requirements include a Local Coastal Program Amendment, a Coastal Development Permit, and a Hillside Development Permit. There is another small parcel that will require a zone change. Parcel No. 214-550-10 from R-1-10,000-Q to R-1-7,500-Q. Planning will not allow a parcel of land to have two different zoning designations. The project proposes impacts to slopes greater than 25% which are vegetated with Coastal Sage Scrub(CSS)(dual criteria slopes). Pursuant to the Mello II Local Coastal Program (LCP). impacts to dual criteria slopes shall be avoided. Please modify the project to not impact the dual criteria areas. Please review the Koll Promenade project's biological report prepared for the same property. Please refer to the draft Habitat Management Plan standards for the Zone 20 Specific Plan area. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) PRE 01-013 -NORTH.AST CALVARY CHAPEL • March 9, 2001 Page 2 Please revise project to comply with the Hillside Development design standards. Slope heights shall not exceed 40 feet. Also, slopes along circulation roadways (Aviara Parkway and Poinsettia Lane) shall be contour graded. Please show the inclusion of a public trail pursuant to the Zone 20 Specific Plan on the proposed landscape plan. The intersection of Aviara Parkway and Poinsettia Lane has divided up properties and has left various remnant properties. This creates future responsibility issue such as maintenance. In order to resolve these maintenance issues, the Planning Department strongly suggest that you coordinate with Aviara and Thompson-Tabata to process lot line adjustments to ensure that these remnant properties are properly maintained. Engineering: SIGNIFICANT ISSUES 1. Depending on the Average Daily Traffic (ADT) proposed for the project, a Traffic Report may be required with the formal project application submittal. At a minimum, please submit proposed right-turn data, to determine if right-turn-only lanes would be required on Aviara Parkway and Poinsettia Lane (if an access is proposed at Poinsettia Lane*). If an access to the site is proposed at Poinsettia Lane, depending on access requirements for the westerly adjacent lot, the access may have to be a publicly dedicated street.•• (See the redlined check print for more information.) * Aviara Parkway and Poinsettia Lane are designated as Major Arterials on the Circulation Element of the General Plan, therefore intersection spacing is a minimum of 1 200 feet. •• (Comment from Carlsbad Promenade tentative map CT 00-19 review.) Proposed Street 'A' is shown as extending to the east in the future. What is this extension for? Please show the parcels that this proposed extension is intended to serve, and, the development potential of these .parcels. Depending on alternative access, necessity for internal community connections, the development potential of the parcels located to the east, etc., this extension may or may not be needed. If it is needed, and City Cul-de-sac Standards can be met, then the proposed "temporary access" may have to be deleted now. If this future connection is not needed, then the proposed "temporary access" must be shown as a standard Local Street at a 40' /60' curb-to-curb/right of way width with standard curb returns. Additionally, if this "temporary access• is required, supply documentation from SDG&E that this proposed street can encroach into their existing easement. Please be advised. this is a major issue of concern. 2. Please be advised, B&TD #2 (Aviara Parkway-Poinsettia Lane) is being amended. Therefore, this project will be required to pay fees associated with the amended PRE 01-013-NORTH.AST CALVARY CHAPEL March 9, 2001 Page 3 B&TD. • 3. Please be advised, as a condition of approval for the project, all frontage improvements will have to be constructed, this includes both sides of Poinsettia Lane, including the slope/parkway landscaping. 4. Please indicate how National Pollutant Discharge Elimination System (NPDES) criteria will be met. This could include, but not be limited to, doing one or a combination of the following: directing surface run-off through vegetated swales prior to discharge to a storm drain or the public right of way, constructing a gravel/sand filter system, constructing de-pollutant basins, numeric sizing, etc. Please be advised, comprehensive pollutant mitigations measures must be proposed with the project. Additionally, the proposed project falls under the statutory requirements of San Diego Regional Water Quality Control Board (SDRWQCB) Tentative Order No. 2001-01, which was adopted on February 21, 2001. Attached, for your use, are applicable provisions of that Order. Finally, please be advised that pre and post construction Storm Water Pollutant Prevention Plans (SWPPP) will be required for this project. ISSUES 1 . Please indicate all existing and proposed street improvements and utilities (i.e., concrete curb, gutter & sidewalk, storm drain, potable and reclaimed water, sewer, street light standards, fire hydrants, etc.) along Aviara Parkway and Poinsettia Lane in plan and cross-section views. Indicate gravity flow sewer facilities with inlet elevations. Indicate on-site and off-site surface drainage and storm drains with inlet and out-fall elevations. 2. Submit a preliminary striping plan for the Aviara Parkway/site access drive intersection, and the Poinsettia Lane/public street/site access intersection (if it proposed or required) (including a right-turn-only lanes, if required). Include all "legs• of the public street/public street, and, public street/private driveway intersections. Additionally, show a southbound to eastbound right-turn pocket on Aviara Parkway (reducing the width of the existing raised median will be required). 3. Please submit a traffic signal warrant analysis for the Aviara Parkway/site access drive intersection. 4. Are there any existing overhead utilities located within or adjacent to the property? If so, please indicate that the project will underground the utilities. 5. Please submit a hydrology report at formal application submittal. Since the project is located within the California Coastal Commission, Mello II jurisdictional boundary, post developed off-site runoff for a 1 O-year/6-hour storm event cannot be increased. 6. Clear Caltrans Corner Sight Distance sight lines of a minimum of 550' must be . . PRE 01-013 -NORTH.AST CALVARY CHAPEL March 9, 2001 Page 4 • met at any proposed intersection with Aviara Parkway and Poinsettia Lane. Any vegetation, walls, monument signs, structures, etc. must be located out of these sight lines. Also, sight distance should be met at all on-site drive aisle intersections. Upon formal application submittal, sight distance requirements must be indicated on the site plan and landscape plan. 7. Please provide a Vicinity Map on the site plan. 8. Please clearly dimension all roadways, drive aisles and parking stall widths. Minimum on-site drive aisle widths must be 24'. However, drive aisle adjacent to "loading zones" must have a 32 foot minimum width. The loading zone/drive aisle adjacent to the southerly administration/classroom building must be revised. 9. Show typical street sections for Aviara Parkway, Poinsettia Lane and the site access drives. Indicate whether the streets/drive aisles are public or private and show the e)listing and proposed improvements on the typical sections (including any required deceleration/right-turn-only lanes, and public right of way dedication). 1 O. Please indicate the amount of grading proposed for the project in cubic yards of cut/fill and import/export. Show proposed grading/topography and any manufactured slopes and retaining walls (with top & bottom of wall height). 11. Show proposed drainage patterns for the site. The residential subdivision proposed for the site showed a series of check damns to attenuate surface runoff. If this project also proposes check damns, show a design detail, in plan and section view, on the site plan. Also look closely at proposed brow ditches and outfalls for erosive velocities, and, in conjunction with meeting NPDES requirements. 1 2. A recent Preliminary Title Report (PR) (issued within 6 months of formal application submittal) will be required for the proposed project. 1 3. All easements and encumbrances as identified in Schedule 'B' of the PR must be indicated on the site plan. The future disposition of all easements and encumbrances must also be identified. 14. The complete property boundary, as identified in the PR, must be shown on the site plan, including bearings and distances. 15. Please provide 5' offsets at proposed parking stalls that are located 90° adjacent to each other. This off sat (or curb radius) seems to be shown for most of the parking stalls, but not all of them. Please verify and revise. 16. The project may be required to conduct a minor property boundary adjustment at the northeast corner of the Aviara Parkway/Poinsettia Lane intersection so that the public right of way conforms to standard criteria. 1 7. Indicate the appropriate utility service areas this proposed project falls under (e.g., CMWD, SDG&E, etc.). 18. Please be advised, this preliminary review does not constitute a complete review .. PRE 01-013 -NORTH.AST CALVARY CHAPEL March 9, 2001 Page 5 • of the proposed project, additional items of concern may be identified upon formal project application submittal. A red-lined check print is enclosed for the applicants use in making the requested revisions. This check print should be returned with the formal application submittal to facilitate continued staff review. Please contact Van Lynch in the Planning Department at (760) 602-4613, or Mike Shirey in the Engineering Department at 602-2747, if you have any questions. Sin~erel, ( / . _,. ', ~· ! ·-., U'J Q(cL\v ~.,., GARY E. WAYNE Assistant Planning Director GEW:VL:cs c: Michael J. Holzmiller Chris Decerbo Mike Shirey Mike Smith Bill Plummer File Copy Data Entry -• ' • • North Coast Calvary Chapel Poinsettia Avenue at A viara Parkway Project Description This is an application for a preliminary review of the North Coast Calvary Chapel campus proposed to be located on a site at the north-east corner of Poinsettia Avenue and Aviara Parkway in the City of Carlsbad. The church campus is proposed to include four main buildings surrounding a plaza a playground, volleyball and basketball courts and approximately 900 parking spaces as depicted on the attached Site Plan. The main buildings comprising this Campus are as follows; Auditorium A 32, 417 sq.ft., one story building Classroom Building A 28,826 sq.ft. two story building Youth Center A 5,527 sq.ft. one story building Administration / Classroom/ Multi-purpose A 16,235 sq.ft. two story building North Coast Calvary Chapel, the applicant, is seeking the input from the City of Carlsbad from all appropriate Departments of this landuse and Site Plan for the subject property. Please contact Mr. John Sherritt of Sherritt Development Services at 760-802-6633 regarding this application. Sherritt Development Services North Coast Calvary Chapel Site Looking South Looking West North Coast Calvary Chapel Site Looking North Looking East • • ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I (TO BE COMPLETED BY THE APPLICANT) BACKGROUND I. CASE NAME: North Coast Calvary Chapel CASE NO: C-yf> O l(-oJ~ DATE: Z.-J:0'f 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad. 1635 Faraday Avenue. Carlsbad. CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Jack Shubin 760-929-0029 xl22 4. PROJECT LOCATION: Northeast comer of Poinsettia Avenue and Aviara Parkway 5. PROJECT SPONSOR'S NAME AND ADDRESS: North Coast Calvary Church 7188 Avenida Encinas Carlsbad CA 92009 6. GENERAL PLAN DESIGNATION: ~RL=M~--------------- 7. ZONING: ~R~-l~-=J0=,0=0=0~-O~--------------------- 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N'-'-"'on,.e _______________ _ 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: (See Attachment) Rev. 10/15/03 • • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Aesthetics D Agricultural Resources ~ Air Quality D Biological Resources ~ Cultural Resources ~ Geology/Soils 0Noise D Hazards/Hazardous Materials D Population and Housing ~ Hydrology/Water Quality D Land Use and Planning D Mineral Resources D Mandatory Findings of Significance 2 D Public Services D Recreation ~ Transportation/Circulation D Utilities & Service Systems Rev. 10/15/03 • • ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article S, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact'' is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR ifthere are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 3 Rev. 07/03/02 • • • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (I) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or ( 4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 4 Rev. 07103102 • Issues (and Supporting Information Sources), (Supplemental documents may be referred to and attached.) I. AESTHETICS• Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES -(In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-I 997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact □ □ □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for · ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ □ □ No Impact □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code ( 1997), creating substantial risks to life or property? 7 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ ~ □ No Impact □ □ □ □ ~ □ □ □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -Would the project: a) Violate any water quality standards or waste discharge requirements? 8 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ □ □ No Impact Rev. 07/03/02 • Issues ( and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a JOO-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within I 00-year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or darn? k) Inundation by seiche, tsunami, or mudflow? I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 9 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ ~ No Impact □ □ ~ □ □ Rev. 07 /03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING -Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: a) Result in the Joss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? IO Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ No Impact □ □ □ □ □ □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING· Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project neighborhood and recreational facilities deterioration of the accelerated? increase the use of existing regional parks or other such that substantial physical facility would occur or be 11 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ Less Than Significant No Impact Impact □ ~ □ □ □ □ □ □ □ □ □ □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational fucilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume lo capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? I) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 12 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ No Impact ~ □ □ □ □ □ Rev. 07/03/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? O Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the enviromnent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Potentially Significant Impact □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ Less Than Significant Impact ~ □ □ □ □ No Impact □ □ Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EJR or negative declaration. Section 15063(c){3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 13 Rev. 07/03/02 • • DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to IO microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through I 0th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone ( one day in both 2000 and 200 I) and one day in 200 I for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 14 Rev. 07/03/02 • • Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-0 I), dated March 1994, City of Carlsbad Planning Department. 2. Geotechnical Investigation Proposed Residential Development, Poinsettia Lane at Arizona Parkway. Carlsbad, California, Leighton and Associates, dated February 13, 1998. 3. Biological Resource Assessment for Carlsbad Promenade, Planning Systems, dated March 28, 2001. 4. Carlsbad Promenade Residential Development Acoustical Study, San Diego, CA, Investigative Science and Engineering, Inc. dated October 8, 2000. 5. Final Program Environmental Impact Report for the Zone 20 Specific Plan Project, Carlsbad, California, Brian F. Mooney Associates, dated June I 992. 6. Phase I Environmental Site Assessment Updated Report for the Proposed Carlsbad Promenade Residential Development at the intersection of Aviara Parkway and Poinsettia Lane, Carlsbad, California, Gradient Engineers, Inc. dated February 12, 2001. 7. Mitigated Negative Declaration Carlsbad Promenade, dated November 2, 2001. LIST OF MITIGATING MEASURES {IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 15 Rev. 07/03/02 • • EIAPART I NORTH COAST CALV ARY CHAPEL The project site is located on the north side of Poinsettia Avenue and on the east side of A viara Parkway. The project calls for the construction of a worship center and associated buildings. The purpose of this application is to request a Hillside Development Permit, Site Development Permit, Conditional Use Permit, Tentative Parcel Map, and Non- Residential Coastal Development Permit. I. AESTHETICS a) No Impact: The proposed project will not have a substantial adverse effect on a scenic vista because there is no scenic vista on the proposed project site. b) No Impact: The proposed project will not substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway since none of these occurs on the proposed project site. c) Less Than Significant Impact: Since the site is currently vacant, the proposed project will change the visual character of the site and its surroundings. However, the change will be less than significant and will not substantially degrade the existing visual character or quality of the site and its surroundings. d) Less Than Significant Impact: The proposed project will create a new source of light. However, due to the type of lighting proposed, the project will not adversely affect day or nighttime views in the area. II, AGRICULTURAL RESOURCES a) No Impact: The proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use since there is no Farmland on the site. b) No Impact: The proposed project does not fall within lands under Williamson Act contracts. Furthermore, there is no existing agricultural use on this site. c) No Impact: The proposed project will not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use since there is no Farmland on the site. 1 • • III. AIR QUALITY a) No Impact: The project will not conflict with or obstruct implementation of the applicable air quality plan. b) Less Than Significant Impact: In the long term, the proposed project will generate additional vehicular traffic. However the additional traffic generated is not a significant increase that would contribute substantially to the violation of an air quality standard. Therefore the impact is considered less then significant. c) Potentially Significant Impact: The proposed project will generate additional vehicular traffic that will result in impacts to air quality on a cumulative basis. However a variety of mitigation measures are currently being implemented statewide to reduce cumulative impacts. d) No Impact: Since there are no sensitive receptors in the vicinity, the project will not expose sensitive receptors to substantial pollutant concentrations. e) No Impact: Since the proposed project is to allow for the construction of a church, the project will not create objectionable odors affecting a substantial number of people. IV. BIOLOGICAL RESOURCES a) No Impact: The project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service since none of these species occur within the proposed development area of the project site. b) No Impact: The project will not have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department offish and Game or U.S. Fish and Wildlife Service since none of these natural communities occur within the development area of the project site. c) No Impact: Since the proposed project will not alter any wetland area, the proposed project will not impact any federally protected wetlands as defined by Section 404 of the Clean Water Act. d) No Impact: The project does not encroach into habitat corridors and will not impact the movement of native or migratory wildlife species. 2 • • e) No Impact: Since the proposed project has been designed in accordance with all policies and ordinances, the proposed project does not conflict with any local policies or ordinances protecting biological resources. f) No Impact: The proposed project site is included in the Carlsbad Habitat Management Plan. The proposed project has been designed in accordance with the requirements of the HMP. g) No Impact: The project will not impact tributary areas that are environmentally sensitive since there are no tributary areas on the proposed project site. V. CULTURAL RESOURCES a) No Impact: The project will not cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5 since there are not historical resources on site. b) No Impact: The project will not cause a substantial adverse change in the significance of an archeological resource as defined in § 15064.5 since there are no known archeological resources on site c) Potentially Significant Unless Mitigation Incorporated: During construction, the site has the potential to reveal fossil resources. Implementation of the mitigation measures to allow for the recovery of unique paleontological resources would reduce the impacts to a level of insignificance. d) No Impact: The project will not disturb any human remains, including those interred outside of formal cemeteries since there are no known human remains on site. VI. GEOLOGY AND SOILS a.i.) Less Than Significant Impact: The geo-technical investigation for the site identifies various soil conditions that will require remedial action to mitigate potential adverse conditions. These conditions include expansive soils, undocumented fills and removal and recompaction requirements. The implementation of the recommendations contained in the geo- technical report will mitigate any impacts to a level of non-significance. a.ii.) Less Than Significant Impact: The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on a major regional active fault. Due to the relatively close proximity of the Rose Canyon Fault Zone to the project site, the most significant ground shaking 3 • • would be from that fault. All grading and structures must conform to the latest grading and building requirements approved by the City of Carlsbad. a.iii.) Less Than Significant Impact: Based on soil studies prepared as part of the previously approved Promenade project, the site has a less than significant chance of ground failure or liquefaction due to seismic activity. a.iv.) No Impact: Based on soil studies prepared as part of the previously approved Promenade project, it does not appear that the project will expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving landslides. b) Less Than Significant: Since all exposed graded slopes will be landscaped, there will be less than significant impacts involving substantial soil erosion or the loss of topsoil. c) Potentially Significant Unless Mitigation Incorporated: The geo- technical investigation for the site identifies various soil conditions that will require remedial action to mitigate potential adverse conditions. These conditions include expansive soils, undocumented fills and removal and re-compaction requirements. The implementation of the recommendations contained in the geo-technical report will mitigate any impacts to a level of non-significance. d) Less Than Significant Impact: Based on soil studies prepared as part of the previously approved Promenade project, it does not appear that the project is located on expansive soils. e) No Impact: The proposed project does not propose septic tanks and will use the City's wastewater conveyance and treatment facilities. Therefore there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS a) No Impact: The project does not propose to routinely transport, use or dispose of hazardous materials. Therefore no significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials will occur. b) No Impact: Since the project does not propose the handling of hazardous materials, there is no known risk of accidental release of hazardous materials into the environment. c) No Impact: The proposed project is not located within a ¼ mile of a school and will not involve the emission or handling of hazardous 4 • • materials, substances, or waste. Therefore, there will be no impacts involving the emission or handling of hazardous materials close to a school. d) No Impact: This site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e) No Impact: The proposed project is not within an airport land use plan thus the project will not result in a safety hazard for people residing or working in the project area. f) No Impact: The proposed project is not within the vicinity of a private airstrip and thus will not result in a safety hazard for people residing or working in the project area. g) No Impact: Since the entrance of the project site is not located on an evacuation route, it is not anticipated that the project site will create interference with an emergency response plan or emergency evacuation plan. h) No Impact: The proposed project is located in an already urbanized area and therefore there is no significant risk to people or structures with wildland fires, wildlands adjacent to urbanized areas, or where residences are intermixed with wildlands. VIII. HYDROLOGY AND WATER QUALITY a) No Impact: The proposed project has been designed to incorporate NPDES requirements and will not violate any water quality standards or waste discharge requirements. b) No Impact: The project does not propose to extract ground water, therefore the proposed project will not create impacts involving the depletion of groundwater supplies or substantially interfere with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level. c) No Impact: By implementing the NPDES requirements and Best Management Practices, the proposed project will not impact groundwater quality. d) No Impact: The proposed project will not substantially alter the existing drainage pattern of the site or area and does not propose the alteration of a course of a stream or river. 5 • • e) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces on an area that is currently vacant. However, compliance with on-site storm water retention requirements will ensure that the off-site flow does not increase beyond the current level. f) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces on an area that is currently vacant. However, compliance with on-site storm water retention requirements, the SWPPP and NPDES requirements will ensure that the off-site flow does not increase the contribution to runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. g) No Impact: The proposed project has been designed to incorporate NPDES requirements and will not impact or otherwise substantially degrade water quality. h) No Impact: This project does not place housing within a I 00-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. i) No Impact: This project does not place structures within I 00-year flood hazard area that would impede or redirect flood flows. j) No Impact: Since the project is not located downstream from a dam or levee, the proposed project will not expose people or structures to significant water related hazards such as flooding. k) No Impact: This site is not located in an area with a known history of seiche, tsunami, or mudflow. 1) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces on an area that is currently vacant. However, compliance with on-site storm water retention requirements will ensure that there will be no increased erosion causing sediment to flow into receiving waters. m) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However, compliance with on-site storm water retention requirements, the SWPPP and NPDES requirements will ensure that the off-site flow does not increase pollutant discharge. 6 • • n) Less Than Significant Impact: Standard control measures shall be implemented during and after the construction to ensure that any changes to receiving water are at a less than significant level. o) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However, compliance with on-site storm water retention requirements, the S WPPP and NPDES requirements will ensure that the off-site flow does not increase pollutant discharge. p) Less Than Significant Impact: An increase in surface runoff volumes is anticipated because the project will introduce impervious surfaces to an area that is currently vacant. However, compliance with on-site storm water retention requirements, the SWPPP and NPDES requirements will ensure that the off-site flow does not exceed surface or ground water quality objectives. IX. LANDUSE AND PLANNING a) No Impact: Since the proposed project is expanding on vacant property and is in conformance with zoning requirements, the proposed project will not disrupt the physical arrangement of an established community. b) No Impact: The proposed project does not conflict with any applicable land use plan, policy, or regulation ofan agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. c) No Impact: The development area of the proposed project does not propose the elimination of habitat nor does the project encroach into the proposed a Habitat Management Plan preservation area. X. MINERAL RESOURCES: a) No Impact: Since there are no known mineral resources on the site, the project will not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. b) No Impact: Since there are no known mineral resources on the site the project will not result in the loss of availability of a locally important mineral resource recovery site delineated on any land use plan. XI. NOISE: 7 r . ~ ~~ ----------, • • a) No Impact: Since the proposed project will not generate excessive noise, the proposed project will not expose people to noise levels in excess of standards established by the local general plan ordinance or other applicable standards from other agencies. b) Less Than Significant Impact: The proposed project will include the use of heavy equipment during construction. However, the heavy equipment use will be temporary and does not involve exposure of persons to or generation of excessive groundboume vibration or noise levels. c) Less Than Significant Impact: The proposed project will increase the permanent ambient roadway noise levels as a result of the additional traffic generated. However, the ambient noise level increase is not significant when considering the anticipated traffic level increase generated by future development. d) Less Than Significant Impact: It is anticipated that the proposed project will include a slight periodic increase in traffic noise levels. However, the noise level increase is not significant when considering the anticipated traffic level increase generated by future development. e) No Impact: Since the proposed project is not located within an airport land use plan, the persons visiting and working at the site will not be exposed to excessive noise levels. f) No Impact: The proposed project is not within the vicinity of a private airstrip. XII. POPULATION AND HOUSING a) No Impact: Since the proposed project does not propose new homes and does not require the extension of major public facilities, the proposed project will not induce substantial growth in an area either directly or indirectly. b) No Impact: The proposed project will not displace existing housing because there is no existing housing on the proposed site. c) No Impact: The proposed project will not displace people because there is no existing housing on site. XIII. PUBLIC SERVICES a.i) No Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving fire protectio!l will not be greater then those already anticipated by the land use designation. 8 • • a.ii) No Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving police protection will not be greater then those already anticipated by land use designation. a.iii) No Impact: Since the proposed project is non-residential and does not create demand for school facilities, there are no impacts on school facilities. a.iv) No Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts involving parks will not be greater then those already anticipated by land use designation. a.v) No Impact: The proposed project site is in conformance with the city's zoning and General Plan. Therefore, impacts to public facilities will not be greater then those already anticipated by land use designation XIV. RECREATION a) No Impact: The proposed project will not increase the demand for neighborhood or regional parks or recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. b) No Impact: The proposed project does not include the construction of recreational facilities. XV. TRANSPORTATION/fRAFFIC a) Less Than Significant Impact: The proposed project would result in increased vehicle trips. However these additional trips will occur at off peak times thus these additional trips are not considered significant. b) No Impact: This project does not exceed a level of service standard established by the county congestion management agency for designated roads or highways. c) No Impact: The proposed project buildings and the project site are well within the limits acceptable by the airport plan. Therefore, air traffic patterns will not be impacted by the project. d) No Impact: The proposed project does not include site designs that would result in hazardous design features or incompatible uses. e) No Impact: Since the proposed project provides three access points, it will not reduce emergency access to and from the site. 9 • • f) No Impact: The project provides the required parking capacity. g) No Impact: The proposed project does not conflict with adopted policies, plan or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS a) Less Than Significant Impact: The proposed project will increase the amount of sewage generated from the site. However, the increase is considered insignificant and will not create an impact exceeding wastewater treatment needs b) Less Than Significant Impact: The proposed project will increase the amount of sewage generated from the site. However, the increase is considered insignificant and will not create the need to construct or expand existing water or waste water facilities. c) Less Than Significant Impact: The proposed project will increase the amount of storm water generated from the site. However, the increase is considered insignificant and will not create the need to construct or expand existing storm water drainage facilities. d) Less Than Significant Impact: The proposed project will increase the amount of water usage on the site. However, the increase is considered insignificant and will not create the need for new entitlements and/or resources. e) Less Than Significant Impact: The proposed project will increase the amount of sewage generated from the site. However the increase is considered insignificant and will not affect the projected demand anticipated by the wastewater treatment facility. t) No Impact: The project is in conformance with the approved community layout. Therefore, impacts involving landfill capacity will not be greater than those already anticipated. g) No Impact: The proposed project is in conformance with federal, state and local statues and regulations for solid waste. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) No Impact: The proposed project is in conformance with the zoning and land use designations for the site and does not have the potential to substantially degrade the quality of the environment. 10 • • b) No Impact: The proposed project does not have impacts that are individually limited, but cumulatively considerable. c) Less Than Significant Impact: The proposed project does create impacts involving environmental effects on human beings. However, the effects are not considered substantial. XVIII. EARLIER ANALYSIS a) Source documents are on file in the Planning Department located at 1635 Faraday Avenue, Carlsbad, (760) 602-4600. I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Geotechnical Investigation Proposed Residential Development, Poinsettia Lane at Arizona Parkway, Carlsbad, California, Leighton and Associates, dated February 13, 1998. 3. Biological Resource Assessment for Carlsbad Promenade, Planning Systems, dated March 28, 2001. 4. Carlsbad Promenade Residential Development Acoustical Study, San Diego, CA, Investigative Science and Engineering, Inc. dated October 8, 2000. 5. Final Program Environmental Impact Report for the Zone 20 Specific Plan Project, Carlsbad, California, Brian F. Mooney Associates, dated June 1992. 6. Phase 1 Environmental Site Assessment Updated Report for the Proposed Carlsbad Promenade Residential Development at the intersection of Aviara Parkway and Poinsettia Lane, Carlsbad, California, Gradient Engineers, Inc. dated February 12, 2001. 7. Mitigated Negative Declaration, Carlsbad Promenade, dated November 2, 2001. b) All of the impacts were adequately addressed. c) Please see the attached list of mitigation measures. 11 r I • . @ • CHICAGO TITLE , • c~1cf~!EA--~-'------- . -., ,. PRELIMINARY REPORT , tr\ O G tUU4 c:R\Nd)ated as of: October 10, 2003 at 7:30AM ENGINE<-_ • OE?Ar.Tll/ltcl'll'order No.: 33041084 -U50 Reference: NORTH COAST CALVARY CHAPEL 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 Tltle 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 In Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Polley or Policies are set forth In the attached 11st. Coples of the Polley forms are available upon request. PlaaBe read tha exceptions shown or rafarrad to In Schedule B and tha axcaptlona and axclualona sat forth In the attached 11st of this report carefully. Tha axcaptlons and axcluslona are meant to provide you with notice of matters which are not covarad under the tarms of tha tllla lnauranca policy and should ba carefully considered. II Is Important to note that this prellmlnary report Is not a written reprasantatlon as to the condition of tllla and may not 11st all llans, dafecta, and encumbrances affecting tllla to tha land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title Insurance contemplated by this report Is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westemdMsfoo.ctt.com Title Department: @ ------'--------CHICAGO TITLE COMPANY 925"B"STREET SAN DIEGO, CA92101 (619)54«!233 fax: (619)54«!279 Tom Votel / Ken Cyr TITLE OFFICER • • SCHEDULE A • OrderNo: 33041084 USO Your Ref: NORTH COAST CALVARY CHAPEL 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CALVARY CHAPEL -NORTH COAST, A CALIFORNIA NON-PROFIT CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PFEA -10/31/17bk • • Page 1 DESCRIPTION Order No. 33041084 PARCEL A: (ASSESSOR'S PARCEL NO. 215-070-13) THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: (ASSESSOR'S PARCEL 215-070-36) THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF SAID LAND, LYING WITHIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 22, 1997 AS DOCUMENT NO. 1997-0651331, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT 68.558 ACRE PARCEL AS SHOWN ON RECORD OF SURVEY NO. 9812, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 18 OCTOBER, 1984; THENCE ALONG THE SOUTH LINE OF SAID PARCEL NORTH 89°13'59" WEST A DISTANCE OF 260.22 FEET TO THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 40°20'11" EAST A DISTANCE OF 71.65 FEET TO THE BEGINNING OF A 1451.00 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25"36'53" AN ARC DISTANCE OF 648.69 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 14°43'18" EAST A DISTANCE OF 560.32 FEET TO THE BEGINNING OF A 25.00 FOOT TANGENT CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°30'55" AN ARC DISTANCE 40.37 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°45'47" WEST A DISTANCE OF 152.15 FEET TO THE BEGINNING OF A 25.00 FOOT TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 87°29'05" AN ARC DISTANCE OF 38.17 FEET; THENCE TANGENT TO SAID CURVE, NORTH 14°43'18" WEST A DISTANCE OF 567.00 FEET TO THE BEGINNING OF A 1349.00 FOOT TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°36'53' AN ARC DISTANCE OF 603.09 FEET; THENCE TANGENT TO SAID CURVE, NORTH 40°20'11" WEST A DISTANCE OF 160.64 FEET TO SAID SOUTH LINE; THENCE SOUTH 89°13'59" EAST A DISTANCE OF 135.36 FEET TO THE "TRUE POINT OF BEGINNING". ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH RECORDED NOVEMBER 5, 1999 AS FILE NO. 1999-740360, OF OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED "L.S. 5894" PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72°12'46" EAST, 593.97 FEET (NORTH 72°47'00" EAST, 593.94 FEET PERR OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED •LS. 5894'; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSETTIA LANE, NORTH 72°12'46 EAST (NORTH • • Page 2 Order No. 33041084 DESCRIPTION 72°47'00" EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02041•01• A DISTANCE OF 65.57 FEET (02'41'12", 65.65 FEET PER MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°50'53", A DISTANCE OF 680.46 FEET; THENCE NORTH 41'40'52 EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°47'26" A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY LINE OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997-0106631, OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°31'42" EAST, 134.77 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B", SAID POINT BEING OCCUPIED BY A 3/4 INCH IRON PIPE MARKED "RCE 8210", THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LllND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL "B" OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO. N075924 RECORDED SEPTEMBER 12, 1997 AS FILE NO. 1997-0444689, OF OFFICIAL RECORDS. PARCEL C: (ASSESSOR'S PARCEL NO. 214-550-01) LOT 1 OF CARLSBAD TRACT 91-12, MARINERS POINT UNIT l, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13394, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFONIA ON JANUARY 24, 1997. • SCHEDULE B • Page 1 Order No: 33041084 USO Your Ref: NORTH COAST CALVARY CHAPEL At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLODING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2003-2004. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $182.91 $18.29 (DUE AFTER DECEMBER 10) $182.91 $28.29 (DUE AFTER APRIL 10) $NONE 09165 215-070-36 B 2 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. c 3 . A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: COMMUNITY FACILITIES DISTRICT NO. 1 ASSESSMENT DISTRICT BOUNDARY DECEMBER 19, 1990 AS DOCUMENT NO. 90-674118 OFFICIAL RECORDS NOTICE OF SPECIAL TAX LIEN BY CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959, OFFICIAL RECORDS. D 4 . A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: COMMUNITY FACILITIES DISTRICT NO. 3 NOTICE OF SPECIAL TAX LIEN APRIL 26, 1994 AS FILE NO. 1994-0277976 OF OFFICIAL RECORDS B AMENDMENT TO NOTICE OF SPECIAL TAX LIEN, ANNEXATION NO. 1 TO COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED JULY 27, 1995 AS FILE NO. 1995-0322359, OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCOMENT FOR FULL PARTICULARS. PFEB •10/S1fG7bk • Page 2 SCHEDULE B (continued) • Order No: 33041084 USO Your Ref: NORTH COAST CALVARY CHAPEL F 5 • A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: COMMUNITY FACILITIES DISTRICT NO. 3 ASSESSMENT DISTRICT BOUNDARY JUNE 16, 1995 AS DOCUMENT NO. 95-254037 OFFICIAL RECORDS AMENDMENT TO NOTICE OF SPECIAL TAX LIEN ANNEXATION NO. l TO COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED JULY 27, 1995 AS FILE NO. 1995-0322359, OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. G 6 • A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: COMMUNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT ASSESSMENT DISTRICT BOUNDARY (AMENDED) JANUARY 13, 2000 AS FILE NO. 2000-0021564 OF OFFICIAL RECORDS H AMENDMENT TO NOTICE OF SPECIAL TAX LIEN ANNEXATION NO. 4 TO COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED JANUARY 28, 2000 AS FILE NO. 2000-0046520 OF OFFICIAL RECORDS. I TBB FOLLOWIHG KATTBRS Al'FBCT PARCBL Aa J 7. 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 & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JANUARY 10, 1958, IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. • Page 3 SCHEDULE B (continued) • Order No: 33041084 USO Your Ref: NORTH COAST CALVARY CHAPEL L 8 • 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 A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND ALSO UNDERGROUND CONDUITS AND CABLES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES OCTOBER 1, 1958, IN BOOK 7278, PAGE 537 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. M 9. RECORD OF SURVEY MAP NO. 14608 RECORDED AUGUST 11, 1994 AS FILE NO. 1994-0489132, OFFICIAL RECORDS. N 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION TEMPORARY SLOPE AND CONSTRUCTION DECEMBER 6, 1996 AS FILE NO. 1996-0611840 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. o 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET AND PUBLIC UTILITY DECEMBER 6, 1996 AS FILE NO. 1996-0611841 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. P 12. A DOCUMENT ENTITLED "CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY", DATED JUNE 11, 1997 EXECUTED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. • Page 4 SCHEDULE B ( continued) • Order No: 33041084 uso Your Ref: NORTH COAST CALVARY CHAPEL R 13 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: FEBRUARY-, 2003 CALVARY CHAPEL-NORTH COAST, A CALIFORNIA NON-PROFIT CORPORATION AND STANDARD PACIFIC CORP. , A DELAWARE CORPORATION MARCH 6, 2003 AS FILE NO. 2003-0250367 OF OFFICIAL RECORDS EASEMENT AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. s 14 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JANUARY 3, 2003 SAN DIEGO GAS AND ELECTRIC COMPANY AND NORTH COAST CALVARY CHAPEL JANUARY 31, 2003 AS FILE NO. 2003-0113679 OF OFFICIAL RECORDS CONSENT AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. o TBB POLLOWING IIATTBRS APPBCT PllCBL B1 r 15. 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 & ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JANUARY 10, 1958, IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. u RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. v A JOINT USE AGREEMENT DATED MARCH 26, 1999, BY AND BETWEEN SAN DIEGO GAS & ELECTRIC, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 30, 1999 AS FILE NO. 1999-0210157, OF OFPICIAL RECORDS. N 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND ALSO UNDERGROUND CONDUITS AND CABLES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES Page 5 OrderNo: 33041084 USO RECORDED: AFFECTS: • SCHEDULE B (continued) • Your Ref: NORTH COAST CALVARY CHAPEL OCTOBER 1, 1958, IN BOOK 7278, PAGE 537 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. x 17. RECORD OF SURVEY MAP NO. 14608 RECORDED AUGUST 11, 1994 AS FILE NO. 1994-0489132, OFFICIAL RECORD •. r 18. ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION OR SURVEY: ATTENTION IS CALLED TO THE DESCREPENCIES IN THE SUBDIVISION OF SECTION 22 BY VARIOUS MAPS AS DESCRIBED PER R.O.S. 14608. IT APPEARS THE SUBDIVISION OF SECTION 22 PER R.O.S. 584 WAS IN ERROR AND HAS BEEN PERPETUATED BY SUBSEQUENT R.O.S. MAPS 4772, 4773, 5715, 6269, 10774, 12096 AND MAPS 12971 AND 12972. THIS SURVEY HAS ACCEPTED THE SUBDIVISION OF SECTION 22 PER R.O.S. 14608. THIS RESULTS IN CONSIDERABLE DIFFERENCES IN THE SUBDIVISION OF SECTION 22 FROM PREVIOUS SURVEYS. AFFECTS EASTERLY BOUNDARY. z 19. A DOCUMENT ENTITLED "CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY", DATED JUNE 11, 1997 EXECUTED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JOLY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. AA 20. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, CONDEMNED BY FINAL DECREE PURPOSE: CASE NO: RECORDED: AFFECTS: SLOPE, STREET DEDICATION, AND 30' WATER EASEMENT 288574 DECEMBER 22, 1997 AS DOCUMENT NO. 97-651331 OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AB 21. ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY BXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION OR SURVEY: THE FACT THAT A GREENHOUSE ENCROACHES ONTO SAID LAND ALONG THE EAST BOUNDARY AS SHOWN ON THE ALTA SURVEY PREPARED BY O'DAY CONSULTANTS AS JOB #97-1039 DATED JANUARY 17, 2002. AC 22. A DOCUMENT ENTITLED "HOLD IIARMLBSS AGREEMENT GEOLOGICAL FAILURE•, DATED JOLY 1, 1998 EXECUTED BY CATELLUS RESIDENTIAL GROUP AND THE CITY OF • Page 6 SCHEDULE B ( continued) • Order No: 33041084 USO YourRef: NORTH COAST CALVARY CHAPEL CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 13, 1998 AS FILE NO. 1998-0657739 OF OFFICIAL RECORDS. AD 23. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE•, DATED JULY 22, 1998 EXECUTED BY CATELLUS RESIDENTIAL GROUP AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 13, 1998 AS FILE NO. 1998-0657740 OF OFFICIAL RECORDS. AB 24 . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, CONDEMNED BY FINAL DECREE PURPOSE: CASE NO: RECORDED: AFFECTS: SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION N78509-1 NOVEMBER 5, 1999 AS FILE NO. 1999-0740360, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AF 25. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: FEBRUARY~, 2003 CALVARY CHAPEL-NORTH COAST, A CALIFORNIA NON-PROFIT CORPORATION AND STANDARD PACIFIC CORP. , A DELAWARE CORPORATION MARCH 6, 2003 AS FILE NO. 2003-0250367 OF OFFICIAL RECORDS EASEMENT AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. M 26. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JANUARY 3, 2003 SAN DIEGO GAS AND ELECTRIC COMPANY AND NORTH COAST CALVARY CHAPEL JANUARY 31, 2003 AS FILE NO. 2003-0113679 OF OFFICIAL RECORDS CONSENT AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AH TllB FOLLOWIRG HATTBRS AFFBCT PllCBL C1 Ar 27. THE FACT THAT SAID LAND LIES WITHIN THE "SITE II/COAST WASTE MANAGEMENT ANNEXATION• TO THE CITY OF CARLSBAD AS DISCLOSED BY INSTROMENT RECORDED APRIL 24, 1986 AS FILE NO. 86-159505 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. • Page 7 Order No: 33041084 USO SCHEDULE B ( continued) • Your Ref: NORTH COAST CALVARY CHAPEL AJ 28. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: MAY 20, 1994 BRAMALEA CALIFORNIA, INC. AND CARLSBAD UNIFIED SCHOOL DISTRICT RELATIVE JUNE 28, 1994 AS FILE NO. 1994-0407750 OF OFFICIAL RECORDS MITIGATION OF K-12 SCHOOL FACILITY IMPACTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AK 29. A DOCUMENT ENTITLED "PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO PAY FAIR SHARE COST OF ALGA ROAD AND POINSETTIA LANE ("AGREEMENT")", DATED APRIL 4, 1995 EXECUTED BY BRAMALEA CALIFORNIA, INC., A California Corporation AND CITY OF CARLSBAD, a Municipal Corporation OF THE State of California, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 18, 1995 AS FILE NO. 1995-0208767. OFFICIAL RECORDS. AL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS . AH 30. A DOCUMENT ENTITLED •NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 91-12", DATED MAY 30, 1996 EXECUTED BY BRAMALEA CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 26, 1996 AS FILE NO. 1996-0322043 OF OFFICIAL RECORDS. AN REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AO 31. A DOCUMENT ENTITLED •NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING ALGA ROAD TRANSPORTATION CORRIDOR CASE NO: CT 91-12", DATED MAY 30, 1996 EXECUTED BY BRAMALEA CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 26, 1996 AS FILE NO. 1996-0322044 OF OFFICIAL RECORDS. AP REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AO 32. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: PREUMBO-G/23/83bk JULY 17, 1996 AS FILE NO. 1996-0357695 OF OFFICIAL RECORDS • Page 8 Order No: 33041084 USO SCHEDULE B (continued) • Your Ref: NORTH COAST CALVARY CHAPEL AR 33. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION CABLE VISION SERVICE OCTOBER 8, 1996 AS FILE NO. 1996-0509094 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AT 34. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: AU 35. AN EASEMENT SHOWN OR AS MAP OF: BASEMENT PURPOSE: AFFECTS: AV 36. PROVISIONS, MAP OF: PROVISIONS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPES NOVEMBER 15, 1996 AS FILE NO. 1996-0578777 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. NO. 13394 OPEN SPACE A PORTION OF LOT 1, AS SHOWN THEREON HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE NO. 13394 VARIOUS, REGARDING DEVELOPMENT AND IMPROVEMENT All 37. THE RESERVATION, ON SAID MAP NO. 13394, OF LOT l FOR ACCESS PURPOSES. AX 38. A DOCUMENT ENTITLED "CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY", DATED JUNE 11, 1997 EXECUTED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. Ar REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. • Page 9 OrderNo: 33041084 USO SCHEDULE B (continued) • Your Ref: NORTH COAST CALVARY CHAPEL BA 3 9 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: BB END OF SCHEDULE B BC MM $4,726,000.00 NOVEMBER 12, 2002 CALVARY CHAPEL -NORTH COAST, A CALIFORNIA NON-PROFIT CORPORATION FIRST SANTA CLARA CORPORATION, A CALIFORNIA CORPORATION BANK OF THE WEST, A CALIFORNIA BANKING CORPORATION NOVEMBER 14, 2002 AS FILE NO. 2002-1019811, OFFICIAL RECORDS 09 • ♦ " SHT 5 @ SAIi DIE&O COUKTY lSS£SSOl'S MAP' H 21S PG 07 • _.,..,, ~ 55.2J . ----,,aa"p, ~ f~ff~fI£if:r:,~:ff~~ 215-07 SHT10F5 , .. !. rjJ 12/3112002. SM DETAIL "A" SCALE -1"=50' Jc_ ...,.,,.:sr ___ ,,_(~ ~ rect, the Cru,:.:>c.:,t a:,·,;o,.;-.; ;;,., L;,,_l,<i,t,· {0< ~ b$ oa:wing I,y ,...,Dfl cl ~ Ulel11D11, .. 1328.0S ""' ,_,,_~ pte•i ___.,,.. ~14.Z, CHANGES OLD NEW CUT 01D 11 U 1214\ @ SHT 1 @ ~ SHT 5 MBl"Oll~"W 1ZS~ ® ""'8AC 1?.L A co]>) I• . • ~ SHT 3 ® 9.85 ~ lHS Ut.P 'r,'AS 1'11:PiUEO ~ ASSESSIEttT PUFOSES ON.Y. N) Ul81.1JY IS AS!U.EO too HE ACClltACT 0: Tl-£ !».TA SI-OWN. ~'S IWCB.S W.Y IDT CCM'LY wrrH l.OCAl. SlADilSO( al fl.l..DIG CRJNIJCfS. I I ,\ 11 ---ll, GATTA RD~ SHT 2 0 >03Ac ~--... -~ "'497 ~ SHT 2 ~ SHT 4 DETAIL "B" . ..,.,,~ = I "'"270 47.14 C IQ2"lll'13"W 111.i, ·-R~ '.....,..,... -• ~m ~,. G lt41°40"5rE: = ,_ n,. ~ -S2'11"( ··~ K -OT•rw ·~ l R"'312 •= . """'~ 117.1' It N.or23 ....... = 1 * • POlNSETTIA I.NIE 2•• BRIGANTINE ORNE @ -SCALE -1"=200' 7 1t 72~ "121! ,,,,,.#11 si s 3 ts 4B 12 lSIEII IZ7-XIINJ llllZ 10 31 11A2tf 32 ... ~ "iiil'¥. 32 -~ 31 .. ,. " ,. •I~ 1743 U\4755 § e .. '2 ,?.1991 144 "' 2' ~ ,,,,. 0100 CNfC 06 1::.--z 011102 ~ I ~ " ' -1 -1 • fi "" CiOS.52 41.23 ~ ST ._. ---.... __ s1.11 ' --. ---iJZ.43 ...-•• "' f5U1 i;i ~ ~p--..;....,;---SECOROFNHOF ZJlS\ 21111 _,, -'-.._5.l»NEQ Of SEQ OF SWQ .... . ,, SEC 22-Tl 2-R4W-POR SW 1/ 4 ROS S84,6269,10774,12096,14608,14630,16472 .u: • i:,; •• lo ' . ' l I • 7 .... H z ::, "" ' I .... z H 0 l ; ~ 0.. U) 15 z H "' <( :iE N 'T ;;; 0 @ z 0 .... 0 .... c::, <( 00 U) _J "' <( 0 I • ... !; 0) "' ' I') 0.. <( :iE • • i _.-;,;,,,; .. ... 1 'sJlMY1111Hl DNIQllllll 1!0 ICIISJAIM 'lfl'.)1 Hlll J.'ldllOO lON ml S'mWd s.i,JSS3SSV W)t6 nYO )HI JJ l:rvlll'OOY Jill IKJJ Ollllm SI .Ul'lllJ\'11 ON ll«l SJ!iOdlll\d JI0'6$3SSV lrlJ Ol11Yd311d SYI dVft SIHI I C_ ' " • • CHICAGO TITLE INSURANCE COMPANY Fldellty National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectetlon of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal Information ('Personal Information'), and to whom It Is disclosed, will form the basis for a relationship of trust batween us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our afflllates, or others; • From our Internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entitles, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or Intrusion. We limlt access to the Personal Information only to those employees who need such access In connection with providing products or services to you or for other legltlmate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our afflllates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter Into joint marketing agreements for products or services that we believe you may find of Interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure Is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the Important responslbHlties of some of our afflllated companies Is to record documents In the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs Incurred in responding to such requests. All requests must be made In writing to the following address: Multiple Products or Services: Privacy Compliance Offlcer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one flnenclal product or service, you may receive more than one privacy notice from us. We apologize for any Inconvenience this may cause you. PffVN:NT -10/21 /03 AA . . • • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY. 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this Policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance o, governmental regulation (including bul not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; {ii) the character, dimensions 01 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 oi 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 lo the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a vimation or alleged violation affecting the land has been reco~ded 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 eKercise thereof or a notice of a defect, lien or encumbrance resulting trom 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 Dale 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) wh':'!ther 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 the estate or interesl 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 ol any subsequent owner of the indebtedness, to comply with applicable doing business laws of the stale in which the land is situated. 5. Invalidity or unentorceability 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 lhe insured lhe estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 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 ot: 1 . Taxes or assessments which are not shown as existing liens·by the records of any taxing authority that levies taxes or assessments on real praperty 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 lanu or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Oiscrepancles, confticts in boundary lines, shonage 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, whelher or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12699 : AMERICAN LAND TITL.OCIATION RESIDENTIAL TITLE INSURA.OLICY (6-1·87) EXCLUSIONS In addittOn to the exceptions in Schedule B, you are not insured against loss, cosls, auorney's fffs and expenses resuhing from: 1. Governmental police power, and the existence or violation ol any law or government regulation. This Includes building and zoning ordinances and atso laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does nol apply to lhe violations or the enforcement of these matters which appear in the public records at Poltey Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the laking happened prior 10 the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, anowed, or ag,eed to by you • that are known to you, but not 10 us. on the Poficy Date• unless they appeared in lhe p1.1blic records • that result in no loss to you • that first affect your title a her the Policy Date• this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions. you are nol insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records 8. Boundary disputes not shown in the pubUc records C. Improvements owned by your neighbor placed on your Janet 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Titfe Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The lorced removal of any Additional Dwelling Unil. or. B. The lorced conversion of any Additional Dwelling Unil back lo I1s original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or govemment regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OFTITLE INSURANCE (5198) EXCLUSIONS In addtion to the Exceptions in Schedule .B, You are not insured against loss, costs, att0:rneys' fees, and expenses resulting from: 1 . Govemmenlal poice power, and lhe existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. buildng c. Land use e. Land division b. zoning d. improvements on the Land f. environmental protection This Exclusion does nol apply 10 violations or lhe enforcement of lhese matters II notice of lhe violation or enforcement appears In lh1 Public Records at lhe Polley Dale. This Exclusion does not limit Iha coverage described In Covered Risk 14, 15, 16, 17 or 24. 2. The lallure of Your existing structures, or any part of !hem, to be conslrucled in accordance wilh applicable building codes. Thi• Exclu1lon does not apply to violations of buildng codes II notice of lhe violation appears In the Public Records at the Policy Data. 3. The right to take Iha land by condemning It, unless: a. a notice of exarclslng the right appears in Iha Public Records at Iha Policy Date; or b. Iha taking happened belore Iha Polley Data and Is binding on You IIYou bought the Land without Knowing ol Iha taking. 4. Risks: a. Iha! are created, allowed, or agreed to by You, whether or nol they appear in Iha Pi.mlic Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear In the Public Records at the Polley Date; c. that resull In no loss to You; or d. lhal first occur after the Polley Date• thla does not llmll lhe coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure lo pay value forYourTIBe. 6. Lad< of a right a. lo any Land outside the area spacffically described and referred lo In paragraph 3 of Schedule A; and b. In 1treeta, allays, or waterways thal touch the Land. This.Exclu1l9n does nol limil the coverage deocribed in Covered Risk 11 or 18. • . · • • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT· FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT· FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of lhis policy and the Company will not pay toss 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 and zoning laws. ordinances, or regulations) restricting. regulating, prohibiting or relating to (i) lhe occupancy, use, or enjoymenl of the land; (ii) the character, dimensions or k>cation of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of Iha 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 Data of Policy. (b) Any governmental polk:e pawer not excluded by (a) above, except to the extent that a notice of Iha exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Aights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nol exc/1Jding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value withou1 knowledge 3. Defects, liens. encumbrances, adverse claims or other matters: (a) crealed, suffered. assumed or agreed to by the insured ctaimant: (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and no! disclosed in writing to the Company by the insured claimant prior to the dale the insured claimanl became an insured under lhis policy; (c) resulting in no loss or damage to the insured claimanl; (d) auaching or created subsequent to Date of Policy (except to the extent lhat !his policy insures !he priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in k>ss or damage which would not have been sustained it the insured claimant had paid value for lhe insured mortgage. 4. Unenforceability of Iha 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 applicable doing business laws of the slate in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured morlgage, or claim thereof, which arises out of the transaction evidenced by !he insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory Hen for services, labor or maIerials (or the claim or priority of any stalulory lien for services, labor or materials over the lien of lhe insured mortgage) arising from an improvement or work re la led to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of Iha indebtedness secured by the insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance. 7. Any claim, whiCh arises out ol the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on; (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the inlerest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record lhe instrument of transfer; or (b) ol such recordaOon to impart nollce to a purchaser tor value or a judgment or lien creditor. The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition ta the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the followlng General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or ex.penses} which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by Ille J)tlblic records. 2. Any tacts, rights, interests or claims which are not shown by the public records but whk:h could be ascertained by an inspection of the land or by making Inquiry of persons in possession thereof. 3. EasamenlS, liens or encumbrances, or claims !hereof. which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachrnents. or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (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, wnethaf or not tho manors excepted under (a), (b) or (c) are shown by Iha public records. · ~· .. • • AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-112) ■nd AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay k>ss or damage, costs, attorneys' tees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use. or enjoyment of the land; (II) the character, dimensions or location at 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 vtOlation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice ot a defect, lien or encumbrance resulting from a vk>tatton or alleged violation affecting the land has been recorded in the public records at Date of Polk:y. (b) Any governmental police power not excluded by (a} above. except to the extent that a notice ot the exercise thereof or a noUce of a defect, INtn 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 trom coverage any taking which has occurred prior to Date ot Policy which would be binding on the rights of a purchaser tor value without knowkldge. 3. Defects, liens, encumbrances, adverse claims or other maners: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Data of Policy, but known to the insured ciaimant 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) resuNing 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 suslained if the insured claimant had paid value for the estale or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or simUar credito,s' rights laws, that is based on: (i} the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii} the transaction creating the estale or inlerest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: {a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be lnued to afford ehher Standard Coverage or Extended Coverage. In addition to the above Exclualons from Coverage, the Exceptions from Coverage In a Standard Coverage pollcy wlll alto Include the lollowlng General Exceptlono: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) whieh arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any tacts, rights. InIeresIs or ctatms which are not shown by the public records but which could be ascenalned by an Inspection Of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public: records. 4. Discrepancies, conflicts in boundary lines, shOrtage in area, encroachment&, or any other facts which a correct survey would disclose, and whlCh 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. L