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?
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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?
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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?
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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?
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No
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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
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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
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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
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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
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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
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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
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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
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• •
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 •
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• • 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