HomeMy WebLinkAboutRP 16-12; ARMY AND NAVY ACADEMY STUDENT ENRICHMENT CENTER; Redevelopment Permits (RP)DevelopmentServicesLANDUSE REVIEWCity of Planning Division
Carlsbad APPLICATION 1635 Faraday Avenue
P-1 (760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR:(CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY)
CDCoastal Development Permit 0 Minor 0 General Plan Amendment
El Conditional Use Permit
El Minor El Extension El Local Coastal Program Amendment
El Day Care (Large)El Master Plan El Amendment
El Environmental Impact Assessment El Specific Plan El Amendment
El Habitat Management Permit 0 Minor 0 Zone Change
El Hillside Development Permit El Minor 0 Zone Code Amendment
El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits
EI Planned Development Permit El Minor Ei Review Permit
0 Residential El Non-Residential [1]Administrative 0 Minor El Major
0 Planning Commission Determination
El Reasonable Accommodation Village Review Area Permits
El Site Development Plan El Minor El Review Permit
El Special Use Permit 111 Administrative Minor 1J Major RP
El Tentative Parcel Map (Minor Subdivision)
El Tentative Tract Map (Major Subdivision)
El Variance 0 Minor
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).:203-054-33
PROJECT NAME:A kA STUDENT ENRICHMENT CENTER
BRIEF DESCRIPTION OF PROJECT:STUDENT ATHLETIC MAINTENANCE & INTEGRATION.
BRIEF LEGAL DESCRIPTION:PARCEL 1,PM 21046
LOCATION OF PROJECT:2600 CARLSBAD BLVD.
STREET ADDRESS
ON THE:EAST SIDE OF CARLSBAD BLVD.
(NORTH, SOUTH, EAST, WEST)(NAME OF STREET)
BETWEEN BEECH AVE.AND CYPRESS AVE.
(NAME OF STREET)(NAME OF STREET)
DEVi (00
•
A -4.0.-.,,.0
OWNER NAME
(Print):ARMY & NAVY ADADEMY APPLICANT NAME (Print):ARTHUR M.BARTELL
MAILING ADDRESS:2605 CARLSBAD BLVD.MAILING ADDRESS: 2605 CARLSBAD BLVD.
CITY,STATE ZIP:CARSLBAD, CA 92008 CITY, STATE, ZIP:CARLSBAD, CA 92008
TELEPHONE TELEPHONE:(760) 547-5290
EMAIL ADDRESS:EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE :EST 0A Y KNOWL 'GE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
f kS)Iii. 4°-.0 AU SSOL Ito
SIGNATURE DATE SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print):J.JASON DOUGLAS (TOAL ENGINEERING, INC.)
MAILING ADDRESS:139 AVENIDA NAVARRO
CITY, STATE, ZIP:SAN CLEMENTE, CA 92672
TELEPHONE:(619) 987-5338
EMAIL ADDRESS:jdouglas@lagunasurvey.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
1 f.1.-a..4•6/4---‘-/SL 1‘_
SIONATORE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORD 1 ON T JATITLE TO PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LA D 'iD:iNVANY Un.ORS
IN INTEREST.i 1,et-_I I
--f
PROPERTY OWNER S GNATURE
FOR CITY USE ONLY
RECEIVED
JUL 06 2016
CITY OF CARLSBAD
DATE gfiallliNkIEVIRACEIVED
RECEIVED BY:
C..../ICLejall -
0 1 Dorm 0 of A Pcwienri (YVI A
OWNER NAME
(Print):ARMY & NAVY ADADEMY APPLICANT NAME (Print):ARTHUR M. BARTELL
MAILING ADDRESS:2605 CARLSBAD BLVD.MAILING ADDRESS: 2605 CARLSBAD BLVD.
CITY,STATE,ZIP:CARSLBAD, CA 92008 CITY, STATE, ZIP:CARLSBAD, CA 92008
TELEPHONE TELEPHONE:(760) 547-5290
EMAIL ADDRESS:EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDG I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SE
ORTill
EREIN IS AUTHORIZED REPRESENTATIVE FOR
P d ,i-
fii,-
,n THIS
4'PA g TIO -—
P/ik 11.--14...._,..tfilk.4.11. L (k7
S ATURE DATE SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print):J.JASON DOUGLAS (TOAL ENGINEERING, INC.)
MAILING ADDRESS:139 AVENIDA NAVARRO
CITY, STATE, ZIP:SAN CLEMENTE, CA 92672
TELEPHONE:(619) 987-5338
EMAIL ADDRESS:jdouglas@lagunasurvey.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 03/16
EIA INFORMATION Development Services
City of FORM Planning Division
Carlsbad P-1(D)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative
Declaration,Negative Declaration or Exemption)will be required to be prepared for your
application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's
Municipal Code.The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are
necessary to substantiate a "no impact"or "yes impact"determination should be
submitted as an attachment to this Environmental Information Form.This is especially
important when a Negative Declaration is being sought.The more information provided in this
form,the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form —Initial Study.
P-1(D)Page 1 of 4 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:Jul 0 I (0 (To be completed by City)
Application Number(:P I (0 -'D•
General Information
1.Name of project:ARMY & NAVY ACADEMY -STUDENT ENRICHMENT CENTER
2.Name of developer or project sponsor:ARMY & NAVY ACADEMY
Address:2605 CARLSBAD BLVD.
City, State, Zip Code:CARLSBAD, CA 92008
Phone Number:(760) 547-5290
3.Name of person to be contacted concerning this project:J. JASON DOUGLAS
Address:139 AVENIDA NAVARRO
SCity, State, Zip Code:SAN CLEMENTE, CA 92672
Phone Number:(619) 987-5338
4.Address of Project:2600 CARLSBAD BLVD.
Assessor's Parcel Number:203-054-33
5.List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6.Existing General Plan Land Use Designation:V (VILLAGE)
7.Existing zoning district:V-R (VILLAGE REVIEW)
8.Existing land use(s):VACANT LAND
9.Proposed use of site (Project for which this form is filed):STUDENT ENRICHMENT CENTER
Project Description
10.Site size:+1-6000 sq. ft.
11.Proposed Building square footage:4000 sq ft.
12:Number of floors of construction:2 stories
13.Amount of off-street parking provided:PRIOR APPROVAL
14.Associated projects:ARMY & NAVY ACADEMY MASTER PLAN
P-1 (D)Page 2 of 4 Revised 07/10
15.If residential, include the number of units and schedule of unit sizes:N/A
16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17.If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
INTERNAL MEETING FACILITY FOR EXISTING STUDENTS
19.If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
N/A
P-1 (D)Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects?Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21.Change in scenic views or vistas from existing residential areas or public lands or
roads.
22.Change in pattern, scale or character of general area of project.
23.Significant amounts of solid waste or litter.
24.Change in dust, ash, smoke, fumes or odors in vicinity.
25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 1:1
alteration of existing drainage patterns.
26.Substantial change in existing noise or vibration levels in the vicinity.
27.Site on filled land or on slope of 10 percent or more.
28.Use of disposal of potentially hazardous materials,such as toxic substances, 1:1
flammables or explosives.
29.Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).ICJ
31.Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
32.Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing
structures on the site, and the use of the structures.Attach photographs of the site.Snapshots
or Polaroid photos will be accepted.
33.Describe the surrounding properties,including information on plants and animals and any
cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date:7 /4 /4(Signature:9:
For:
P-1(D)Page 4 of 4 Revised 07/10
TOAL ENGINEERING, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
139 Avenida Navarro, San Clemente, CA 92672
Tel: (949) 492-8586 •Fax: (949) 498-8625
RAYMOND R. TOAL, RCE 16889 CALEB0.RIOS, RCE 57587
OLAV S.MEUM, LS 4384 ADAM L. TOAL,RCE 59275
MICHAEL A. ROTH, LS 6211 VIKTOR P.MEUM, LS 8682
July 6, 2016
City of Carlsbad-Development Services
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: Planning Counter
Subject:EIA INFORMATION FORM -P-1(D), Supplemental Questionnaire
32.The proposed development is part ofa previously graded site included within the Army
& Navy Academy Athletic Field and Facilities Project (see City of Carlsbad Grading Permit No.
120024).The site is flat and landscaped with ground cover and small ornamental trees.No
structures exist on the proposed building area.There is no current use for the area.
33.The proposed development is bound on the North by the recently completed Athletic
Field, bound on the East by a recently completed parking lot with access to Beech Avenue and
bound on the South by the California State Parks North Sector Office.An old and dilapidated
masonry wall lies flush with the Southerly property line.See photos attached.
Sincerely,
J. Jason Douglas
(619) 987-5338
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TIME LIMITS ON
CCity of DISCRETIONARY
Development Services
Planning Division
Carlsbad PROJECTS 1635 Faraday Avenue
(760) 602-4610P-1(E)www.carlsbadca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City.The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete.Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete.if it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e.,clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (7.602-4.
0.—AsIli/"NApplicant Signature:-41
Staff Signature:
Date:5 .Tot..
To be stapled with receipt to the application
P-1(E)Page 1 of 1 Revised 07/10
Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person ARTHUR M.BARTELL Corp/Part
Title PRESIDENT Title
Address 2605 CARLSBAD BLVD.Address
2.OWNER (Not the owner's agent)
Provide the COMPLETE,LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE
SPACE BELOW.If a publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person ARMY & NAVY ACADEMY Corp/Part
Title Title
Address 2605 CARLSBAD BLVD.Address
CARLSBAD, CA 92008
P-1 (A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
riYes n No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I
certify that all the above information is true and correct to the 130
of my kn •ledge.
I Auk.
Signature of owner/date Signature of applicant/d. e
AP.114041 .
-
ZA(Z-M.
Print or type name of owner Print or type name of applicant
••••7!
-7/4(//‘
Signature of owner/applicant's agent if applicable/date
7).2.1...."
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
CORPORATE RESOLUTION
RESOLVED,that the Board of Trustees of the Army and Navy Academy at their
meeting held on December 7,2013,designated Major General Arthur M.Bartell to be
the President and Chief Executive Officer of the Army and Navy Academy, and member
of the Board of Trustees, effective January 6,2014.By this Resolution, the Board of
Trustees grants authorization for him to sign any and all documents on their behalf for
the Army and Navy Academy, Carlsbad, California,a California nonprofit corporation.
Date:6 December, 2013
Respectfully submitted,
/„.
David G. Kelley
Secretary
APPROV :
Jo .Wyatt
C ai an
DATE:3/9 r /
City of PROJECT DESCRIPTION Development Services
Planning Division
Carlsbad P-1(B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:Army & Navy Academy Student Enrichment Center
APPLICANT NAME:Army & Navy Academy
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:
2 story structure with a 2000 sq. ft. slab-on -grade footprint.The primary use of the structure is
for various student and alumni activities as they pertain to the Athletic Field.Additional uses
will include storage and maintenance as they pertain to the Athletic Field.
P-1(6)Page 1 of 1 Revised 07/10
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HAZARDOUS WASTE Development Services
City of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 602-4610P-1(C)www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
!,"0 The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
Ei The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:ARTHUR M. BARTELL Name:ARMY & NAVY ACADEMY
Address:2605 CARLSBAD BLVD.Address:2605 CARLSBAD BLVD.
CARLSBAD,CA 92008 CARLSBAD, CA 92008
Phone Number:(760) 547-5290 Phone Number:(760) 547-5290
Address of Site:2600 CARLSBAD BLVD.
Local Agency (City and County): CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
Assessor's book, page, and parcel number:203-054-33
Specify list(s):
Regulatory Identification Number:
Date of List:
1104 6A ToL16.
Applicant Si•nature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List)is used by the State,local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
brairl
Per the California Environmental Protection Agency's website,"While Government Code
Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in]1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced in the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.qov/sitecleanup/CorteseList/defaulthtm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.pov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://qeotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.qovkleh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.qov/superfund/sites/npl/npl.htm
P-1(C)Page 2 of 2 Revised 02/13
STORM WATER STANDARDS Development ServicesCityof.QUESTIONNAIRE Land Development Engineering
Carlsbad E-34
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects,the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.in this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME: Army and Navy Academy Student Enrichment Center PROJECT ID:
ADDRESS:APN:
The project is (check one): New Development El Redevelopment
The total proposed disturbed area is:5,800 ft2 (0.133 )acres
The total proposed newly created and/or replaced impervious area is:3'943 ft2 (0.091 )acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
•STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question,provide justification below then go to Step 5,mark the third box stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP 2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E 3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;
b)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in
accordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ..." and complete applicant information.
Discussion to justify exemption (e.g.the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 02/16
STEP 3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use, 10
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or El Emore of impervious surface?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and E
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside 0 0
development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is 0 Ealandareaorfacilityforthetemporaryparkingorstorageofmotorvehiclesusedpersonallyfor
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street,road,highway El 10freeway or driveway?A street,road,highway,freeway or driveway is any paved impervious surface
used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site,and discharges directly to an Environmentally
Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 0 0
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repair IDshop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534,or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes 0 0RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0 0
1 1 .Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC GI El
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project,go to step 4.If your project is a new project,go to step 5, check the first box stating "My project is a PDP ..."
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5,check the
second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information.
E-34 Page 3 of 4 REV 02/16
STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50%of the surface area of the previously existing development?Complete the percent
impervious calculation below:
Existing impervious area (A)=sq. ft.
Total proposed newly created or replaced impervious area (B)=sq. ft.
Percent impervious area created or replaced (B/A)*100 =
If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the
check the first box stating "My project is a PDP ..." and complete applicant information.
STEP 5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project
Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project.
Note:For projects that are close to meeting the PDP threshold,staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name:A Applicant Title:51-115 )-D
Applicant Signature.Date:-7 /6 -/1G.
*Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence:-
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 02/16
JOB 16079 AF '&NAVY ACADEMY
TOAL ENGINEERIhO,INC.SHEET NO.1 OF 1
139 AVENIDA NAVARRO
SAN CLEMENTE,CALIFORNIA 92672 CALCULATED By_JJ 0 DATE 07/06/2016
(949)492-8586 -
FAX (949)498-8625 CHECKED BY DATE
SCALE 1'=200
VICINITY MAP
SCALE:111=200'
'.:
dip Army and'Navy Academy .
R
1.Army Navy
Sports Complex ,
(aSITE
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Magee Park (..2e`
Carlsbad Village Station ei
McLain Properties 121 el
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CLTA Preliminary Report Form Order Number:0-SA-5189208
(Rev.11/06)Page Number:1
*661.0,,.•First American Title
First American Title Company
4 First American Way
Santa Ana, CA 92707
California Department of Insurance License No. 151
Customer Reference:
Order Number:0-SA-5189208 (25)
Title Officer:Rizza Walker
Phone:(714)250-3098
Fax No.:(714)913-6389
E-Mail:rrwalker@firstam.com
Property:2600 Carlsbad Boulevard
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.Thepolicy to be issued may contain an arbitration clause.When the AmountofInsurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedyofthe
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
First American Title
Pane 1 of 1
Order Number:0-SA-5189208
Page Number:2
Dated as of May 20, 2016 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Army and Navy Academy, Carlsbad, California, a California Corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2016-2017,a lien not yet due or
payable.
2.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3.The privilege and right to extend drainage structures, excavation and embankment slopes
beyond the limits of a State Highway where required for the construction and maintenance of
said road as granted in Deed recorded September 30, 1924 in Book 996, Page 385 and October
23,1924 in Book 1044, Page 198, both of Deeds.
4.Covenants, conditions, restrictions and easements in the document recorded September 10,
1927 in Book 1232, Page 380 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code
§12955.Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
First American Title
Page 2 of 15
Order Number:0-SA-5189208
Page Number:3
5.An easement for public utilities and incidental purposes, recorded January 30, 1934 in Book 268,
Page 231 of Official Records.
In Favor of:San Diego Consolidated Gas and Electric Company
Affects:As described therein
6.Easements, Covenants and Conditions contained in the deed from Gertrude N.Anderson, as
Grantor, to Army and Navy Academy, Carlsbad, California,a California corporation, as Grantee,
recorded in Book 1760, Page 414 of Official Records. Reference being made to the document for
full particulars, but deleting any covenant, condition, or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status,
disability, handicap, national origin, genetic information, gender, gender identity, gender
expression, source of income (as defined in California Government Code §12955(p)) or ancestry,
to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California
Government Code §12955. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
7.An easement for public utilities and incidental purposes, recorded October 19, 1948 in Book
2985, Page 145 of Official Records.
In Favor of:San Diego Gas and Electric Company
Affects:As described therein
8.The terms and provisions contained in the document entitled "An Agreement Regarding the
Installation and Maintenance of Weir" recorded June 19, 1972 as Instrument No.156538 of
Official Records.
9.The fact that the land lies within the boundaries of the Village Area for the City of
Carlsbad Redevelopment Project Area, as disclosed by the document recorded August 17,
1981 as Instrument No. 81-261825 of Official Records.
10.The effect of a map purporting to show the land and other property, filed as Map No.12348 of
Record of Surveys.
11.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded October 18, 2012 as Instrument No. 2012-0640579 of Official Records.
12.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded January 16, 2013 as Instrument No. 2013-0033089 of Official
Records.
13.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded January 16, 2013 as Instrument No. 2013-0033090 of Official Records.
14.The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded January 16, 2013 as Instrument
No. 2013-0033110 of Official Records.
15.An easement for access and public utility and incidental purposes, recorded June 7, 2013 as
Instrument No. 2013-0359780 of Official Records.
In Favor of:City of Carlsbad, a municipal corporation
Affects:As described therein
First American Title
Page 3 of 15
Order Number:0-SA-5189208
Page Number:4
16.Rights of the public in and to that portion of the land lying within any Road, Street, Alley or
Highway.
17.Water rights, claims or title to water, whether or not shown by the public records.
18.Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
19.Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
20.An ALTA/NSPS survey of recent date which complies with the current minimum standard detail
requirements for ALTA/NSPS land title surveys.
21.With respect to Army and Navy Academy, Carlsbad,a corporation:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b. A certified copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
c.Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
First American Title
Page 4 of 15
,kosoo#
Order Number:0-SA-5189208
Page Number:5
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance
is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.
If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1.General and special taxes and assessments for the fiscal year 2015
-2016.
First Installment:$62.47, PAID
Penalty:$0.00
Second Installment:$62.47, PAID
Penalty:$0.00
Tax Rate Area:09098
A. P. No.:203-054-33-00
2.According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 2600 Carlsbad
Boulevard, Carlsbad, California.
3.According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4.We find no open deeds of trust. Escrow please confirm before closing.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Page 5 of 15
•"14*
\Val
Order Number:0-SA-5189208
Page Number:6
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
MINOR SUBDIVISION NO.12-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 21046, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 7, 2013.
APN:203-054-33-00
First American Title
Page 6 of 15
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Order Number:0-SA-5189208
Page Number:8
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
First American Title
Page 8 of 15
'N.
Order Number:0-SA-5189208
Page Number:9
First American Title Company
4 First American Way
Santa Ana, CA 92707
:44110;.First American Title (714)250-3000
First American Title
Page 9 of 15
s.4.0
Order Number:0-SA-5189208
Page Number:10
WIRE INSTRUCTIONS
for
First American Title Company, Demand/Draft Sub-Escrow Deposits
Orange County, California
PAYABLE TO:First American Title Company
BANK:First American Trust,FSB
ADDRESS:5 First American Way, Santa Ana, CA 92707
ACCOUNT NO:3012500000
ROUTING NUMBER:122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY:2600 Carlsbad Boulevard, Carlsbad, CA
FILE NUMBER:0-SA-5189208 (25)
PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American
Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED
STATES.PLEASE NOTIFY Rizza Walker AT (714)250-
3098 OR rrwalker@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE.
IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDITIONAL CHARGES MAY APPLY.
PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.
AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING, BECAUSE IT IS NOT THE SAME AS A WIRE
AND REQUIRES ADDITIONAL TIME FOR CLEARANCE.
FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473
ALL WIRES WILL BE RETURNED IF THE FILE NUMBER
AND/OR PROPERTY REFERENCE ARE NOT INCLUDED
With cyber crimes on the increase, it is important to be ever vigilant.If you receive an e-mail or any
other communication that appears to be generated from a First American employee that contains new,
revised or altered bank wire instructions, consider it suspect and call our office at a number you trust.
Our bank wire instructions seldom change.
First American Title
Page 10 of 15
Order Number:0-SA-5189208
Page Number:11
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(0 environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack ofa right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b)in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollarimit of Liability
Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy 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:
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(a)a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3.Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after 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:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13,or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or ascccments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
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1.(a) Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or tack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage,is
(a)a fraudulent conveyance or fraudulent transfer, or
(b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
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First American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source, such
as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:•Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;•Information about your transactions with us, our affiliated companies, or others; and•Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except:(1) as necessary for us to provide the product or service you have requested of us; or (2)
as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may.also provide all the information we collect,as described above, to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide prod
or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe
it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names,not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When informnrmation
is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect
is used only by respond to your inquiry, process an order or allow you to access specific
account profile information.If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes.
A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information ValuesFairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privcy.
Publaic Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about
a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in
a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.ivacy Information (2001-2010 First American Financial Corporation)
Form 50-PRIVACY (9/1/10)Page 1 of 1 Pr
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