HomeMy WebLinkAboutSDP 2017-0006; SUMMIT SENIOR CARLSBAD; Site Development Plan (SDP){ City of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Deve/211,ment Penn/ts (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT_ USE ONLY)
D Coastal Development Penni!(*) D Minor D General Plan Amendment
JjJ Conditional Use Penni! (·) w f 'J.0\1-D Local Coastal Program Amendment(·)
0Minor D Extension 0001
D Day Care (Large) D MastsrPlan 0Amendment
D Environmental Impact Assessment D Specific Plan 0Amendment
D Habitat Management Penni! 0Minor D Zone Change (·)
JjJ Hillside Development Penni! (•) D Minor • \liOP " D Zone Code Amendment
'2.0\ .
D Nonconfonning Construction Penni! S2ul!! Car/s/1§.d C!lil,Sl;/.I Review Area Permits
D Planned Development Penni! 0Minor D Review Penni!
D Residential D Non-Residential D Administrative 0Minor 0Major
D Planning Commission Detennination
D Reasonable Accommodation VIiiage Review Area Permits
JjJ Sits Development Plan 0Min~ :,nr. D Review Penni! EJ JjJ
'2.D\ • D Administrative D Minor 0Major Special Use Penni!
JjJ Tentative Parcel Map (Minor Subdivision if"\: ,42.0 ,, 4 boo~
D Tentative Tract Map (Major Subdivision)
D Variance D Minor (·) = eligible for 25% discount
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).: 209-060-56-00 & 209-060-57-00
PROJECT NAME: Summit Senior Carlsbad ---------------------------~ BRIEF DESCRIPTION OF PROJECT: Professional Care facility ~~~-------'-----------------------
BRIEF LEGAL DESCRIPTION: Au. THAT PORTION OF LOT ·a· OF RANC!,OAGUA HE010NoA. IN THE crrv OF CARLSBAD. couNTY OF SAN 01EGO. STATE OF CAL1FORN1AACCORD1NG ro MAP THEREOF NO. S23
LOCATION OF PROJECT: 5592 El Camino Real ----------------=s=T=R=EE=T~A~D~D~R~E~S~S,---------------
ON THE: North SIDE OF El Camino Real
-~~~c-=-=c=-c-=c=~~=--( NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
I""" BETWEEN _C_o_u_,,gc_a_r_D_ri_v_e ______ _
\,. (NAME OF STREET)
AND College Blvd.
(NAME OF STREET)
l..b'ADl>~M\i :DEV '2.0 l ~-00153
P-
1 ~f w,1 .. ooo<o Page1of6 Revised 07/15
OWNER NAME
(Print):
-
ROSS G BARBER. Truslee ""d LINDA A BARBER. Trustee o11he Barber Deciaratlm>ofh
MAILING ADDRESS: 3825 Highland Drive ~~~::..._~~~~~~~~~-
1 TY, STATE, ZIP: Carlsbad, California 92008
TELEPHONE: (760) 420-4386
EMAIL ADDRESS: donrosendo@aol.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PUR ES OFT IS PPLI ATION.
APPLICANT'S REPRESENTATIVE (Print): Mark Freed
APPLICANT NAME (Print): Summit Senior Life LLC
MAILING ADDRESS: 4340 Von Karman Avenue, Suite 140
CITY, STATE, ZIP: Newport Beach, CA 92660
TELEPHONE: 949.544.3539
~~~~~~~~~~~~~~
EMAIL ADDRESS: cmorris@axxcessra.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
h/_'d1r
DATE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
MA I LING ADDRESS: 3450 Third Ave. No. 205
CITY, STATE, ZIP: San Diego, CA 92103
TELEPHONE: 619-838-9963
EMAIL ADDRESS: mfreed99@cox.net
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. INVE 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
T?:?ilND A::z:.=ERE~. 0 7 ~ PROP~OWNERSIGNATURE ~ ~
FOR CITY USE ONLY
P-1 Page 2 of 6
RECEIVED
JUL O 5 2017
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 07 /15
Project Description P-1(8)
Exhibit 1
Permit Application for: Site Development Plan, Conditional Use Permit,
Special Use Permit, Hillside Development Plan, Final Parcel Map
The attached submittal is intended to allow the proposed construction of a new 84,258 square
foot Professional Senior Care Facility. The project consists of 78 assisted-living rooms and 23
memory care rooms for a total of 101 rooms with various amenities including, lounge areas,
activity rooms, media areas, dining rooms, view decks and balconies. The project will provide
administrative, housekeeping and kitchen areas to support operations, and will include 51
parking spaces including 2 accessible car spaces and 2 accessible van spaces.
The proposed stepped building design creates a two-story building that reflects the natural site
conditions and existing topography. The project proposes a paved drive that allows access to
and over the utility easement to the north and the storm water system will allow water to
continue to flow over the identified critical course sediment areas along the bluff at the north
end of the property as required. There is currently no view across the property from El Camino
Real (See Photo Survey) and the stepped building design minimizes the visual of the building
from the roadway.
The location on a knoll overlooking the Agua Hedionda Creek Valley provides panoramic views
to the open space and agricultural lands to the north, the river valley to the east and the
residential neighborhoods to the west. The facility is designed to provide tranquil views and
connection with the natural environment for residents.
The site has a 60+ year history of senior care use and is the location of the Madonna Hill Guest
Home. The first elderly care use dates back to the mid-1950's when a care facility with approx.
5 rooms was opened and the Madonna Hill Guest Home was founded. In 1964, the property
was purchased by the Barber family and the facility was expanded. At one point, up to 25
people were residing on the site in the main building and the guest house. The facility was
operated continuously by the Barber Family until 2014. The new proposed facility is intended to
be a continuation of the long history of elder care services provided to the community of
Carlsbad and the surrounding areas. The Barber family is fully supportive of the proposed
facility and has expressed satisfaction that their family legacy will continue to provide services
to the senior community.
..
/
Our studies have confirmed that there is an existing and growing demand for professional
senior care facilities in the central Carlsbad area and surrounding communities. Existing
facilities are predominantly located at the outskirts of Carlsbad City limits and a planned facility
nearby has not been able to proceed. The site is well suited for continued use as a Professional
Care Facility location with the Scripps Coastal Medical Center less than 600 feet away and
Carlsbad Fire Station 5, with a Paramedic unit, less than 1 mile away. The central location offers
a variety of commercial, recreational, and hospitality services within a two-mile radius, and El
Camino Real provides a convenient connection between the central commercial/industrial
areas around and east of McClellan-Palomar Airport, and the predominantly residential areas in
north and south Carlsbad.
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(City of
Carlsbad
EIA INFORMATION
FORM
P-1(D)
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are
necessary to substantiate a "no impact" or "yes impact" determination should be
submitted as an attachment to this Environmental Information Form. This is especially
important when a Negative Declaration is being sought. The more information provided in this
form, the easier and quicker it will be for staff to complete the Environmental Impact
Assessment Form -Initial Study.
P-1(0) Page 1 of4 Revised 07 /1 O
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ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: J-5-l:J (To be completed by City)
Application Number(s):50:P ::z..c:,~-, .. O')OCn{ClJJO ,z.ca, .coo, /
H.OP ~a,; .. c:::,oO M ~ ~ l"1 • ooou General Information I
1. Name of project: Summit Senior Carlsbad
2. Name of developer or project sponsor: Summit Senior Life LLC
Address: 4340 Von Karman Avenue, Suite 140
3.
4.
City, State, Zip Code: Newport Beach, CA 92660
Phone Number: 949.544.3539
Mark Freed Name of person to be contacted concerning this project: -------------
Address: 3450 Third Ave. No 205
City, State, Zip Code: San Diego, CA 92103
Phone Number: 619-838-9963
Address of Project: 5592 El Camino Real
Assessor's Parcel Number: 209-060-56-00 & 209-060-57 -00
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.
7.
Parcel Map, SUP, CUP, SDP
Existing General Plan Land Use Designation: _O_('""O_ff_ic_e~) __________ _
Existing zoning district: _O_(_O_ffi_i_c_e~) _________________ _
E . 1. 1 d ( ) Assisted Living Building and out buildings, currently rented as residential.
8. xis mg an uses: ------------------------
9. Proposed use of site (Project for which this form is filed): ------------
Professional Senior Care Facility
Project Description
10. Site size: _3_.4_4_a_c_r_e_s ____________________ _
11. Proposed Building square footage: _8_4_,_2_1_9 _______________ _
12: Number of floors of construction: _T_w_o _________________ _
13. Amount of off-street parking provided: _5_1 ________________ _
14. Associated projects: ------------------------
P-1(0) Page 2 of4 Revised 07 /1 O
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15. If residential, include the number of units and schedule of unit sizes: ----------
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
See attached Exhibit 1
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
A CUP is required for the Professional Care Facility use in the Office zone.
P-1 (D) Page 3 of4 Revised 07/10
r
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 0 D
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 D
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D 0
27. Site on filled land or on slope of 10 percent or more. 0 D
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
0
D
D
D
0
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. See G>tl.,b, f L
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. ,see ~,i.l.:b, 'f-:l
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 4 r,,[ \1: Signature: _.,..Y..~:0,<_L ______ _
For: ( ~S~t ~ ~~ ICV--
P-1(0) Page 4 of 4 Revised 07/10
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ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Exhibit 1
18. Major function-Professional Senior Care Facility.
Estimated employment per shift-Morning 20-25, Afternoon 20-25, Nighttime 8-11.
Estimated Occupancy-129-134
Loading Facilities-Are away from the street off the east drive;
Community Benefit-Continuing to provide senior care for Carlsbad and the surrounding communities
from this long time assisted living location.
32. Describe the project site ...
Existing onsite topography is gently to moderately sloping. Offsite topography is characterized by
graded descending slopes on the order of 20 to 50 feet in height to the west/northwest and steep.
natural descending slopes to the northeast on the order of 100 feet high. Existing grades range from
approximately 270 feet above MSL in the south to 185 feet above MSL in the north. The majority of the
site is covered with a relatively thin veneer of topsoil approximately 2 to 3 feet thick. The site is
underlain to the maximum depths explored by Point Loma Formation. As encountered, these materials
generally consist of fine to medium grained, brown and gray mottled orange sandstone that is
moderately hard to hard and weakly to well cemented. The dense nature of the formational Point Loma
Formation is well lithified, possess higher internal strength, and is resistant to weathering as evidenced
by the steeper natural slopes that exist adjacent to the site. Groundwater was not encountered in our
exploratory excavations and the subject site is not in close proximity to known active faults (See
Preliminary Geotechnical report).
A general biological survey of the project site has been conducted to document the existing biological
resources on the site and assess potentially occurring sensitive species. The current project design
impacts are restricted to previously developed and disturbed areas. No direct impacts will occur to the
adjacent offsite existing hardline preserve and a proposed standards area within Zone 15. The project
would avoid direct impacts to the small area of Core Area 5 on the northern part of the site. All impacts
to sensitive biological resources are being avoided to the maximum extent feasible and minimized when
possible. No sensitive plants or narrow endemic plant species are located within the project site or are
expected to occur and no impacts are anticipated. No impacts to southern mixed chaparral will occur.
Impacts to urban/developed land are not considered significant and no mitigation is required. No
sensitive wildlife species were observed on the project site and potential impacts to general wildlife are
considered less than significant. To avoid potential direct and indirect impacts to the adjacent proposed
standards area and the existing hardline preserve, Adjacency Standards shall be adhered to (See
Biological Resources Report).
An archaeological field survey of the project area has been completed. No prehistoric cultural resources
were found during the survey of the project property and no known cultural resources will be impacted
by the project implementation. The current buildings include a primary assisted living building and
several support buildings including..a caretaker's unit/laundry building, workshop, storage shed etc. The
buildings are currently rented to resTdential tenants. The buildings are not a historical resource under
any of the CEQA criteria or eligible for listing on the Carlsbad Historic Resource Inventory (See Cultural
Resources Survey Report).
Page 1 of 2
The site is screened from El Camino Real by a rise in topography and the intent of the design is to
preserve that topography as much as possible to maintain a feeling of seclusion from the roadway.
There are no view corridors across the property from El Camino Real (See Photo Survey) and the
proposed stepped building design minimizes the visual of the building from the roadway.
33. Describe the surrounding properties ...
The project site is bordered by undeveloped open space to the North/Northeast, residential
development to the West/Northwest and commercial development to the South/Southeast.
The property to the West/Northwest is zoned RD-Mand is built out as a single-family subdivision. The
subdivision is approximately 80' horizontally and 43' down slope vertically away from the west PL of the
subject site (residential elevation approx. 197' vs site elevation of approx. 240'). The residences appear
to be relatively new, are predominantly two-story and professionally landscaped.
To the South/Southwest is El Camino Real and the Scripps Coastal Medical Center zoned 0, office and
OS, open space. The two-story medical center is surrounded by dedicated open space.
To the Southeast is a single neighboring property zoned MQ and Cougar Drive. The neighboring property
has no permanent structures and is currently occupied by a landscape company using temporary trailers
and shipping containers for storage.
To the North and Northeast is land zoned OS Open Space.
Page 2 of2
(city of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-t(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar 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 ii 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 (7 602-461 O.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to'ihe application
P-1 (E) Page 1 of 1 Revised 07/10
{._ City of
Carlsbad
•
TENTATIVE PARCEL MAP
WAIVER OF PROCESSING
TIME LIMITS
P-1(F)
Proposed Minor Subdivision No.:. ___________ _
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process
tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the
applicant and the city to allow for concurrent processing of related approvals or an environmental review of the
project.
By accepting applications for tentative parcel maps concurrently with applications for other approvals that are
prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium
Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative
parcel map application concurrently, the property owner or applicant must sign this agreement. If this
agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to
the map have been processed and approved.
The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time
restriction and hereby waives such time restriction for city planner action.
Signer is (check one):
------------------------0Property Owner 0Applicant
Signature Print Name Date
P-1 (F) Rev. 04/13
Mark Freed
C'From:
··sent:
To:
Subject:
Dear Mr. Freed,
C
Comer, Todd E (Contractor) <TComer@seucontractor.com>
Monday, June 12, 2017 7:09 AM
'Mark Freed'
Summit Senior Carlsbad
I have reviewed the proposed Summit Senior Carlsbad Project and Plans 5592 EL Camino Real, Carlsbad on APN 209-060·
56-00 & 209-060-57-00. Permission is given allowing you to build across SDG&E easement for project purposes Subject to
the following conditions as applicable:
1. Vehicle access shall be provided at all times (24 hours a day) to SDG&E, and SDG&E service locks shall be required on
all gates adjacent to the power line easement.
2. SDG&E will not be responsible for any maintenance of or damage to the proposed improvements within the easement
resulting from normal installation, operation, maintenance or access to our existing or future facilities.
3. During construction all state and federal laws concerning working in close proximity to high voltage lines must be
maintained. Clearance between overhead lines and the ground shall not be reduced below the minimums allowed by PUC
General Order 95. In this case twenty-five (25) feet in the minimum clearance to the ground from our lines. Maintaining
these clearances both during and after construction is the responsibility of the owner and their contractors and not
SDG&E.
4. Underground Service Alert at 811 is to be called a minimum of 48 hours prior to excavating on the site
('Todd Comer
SDG&E
Land Management
858-654-1249
1
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Ccityof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I 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: Carlsbad Senior Housing, Summit Senior Life LLC PROJECT ID:
ADDRESS: 5592 El Camino Real, Carlsbad, California APN : 209-060-56&57
The project is (check one): Ill New Development D Redevelopment
The total proposed disturbed area is: 156,816 ft2 ( 3.6 ) acres
The total proposed newly created and/or replaced impervious area is: 100,188 ft2 ( 2.3 ) 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 D ~ 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.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; D ~ 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 U SEPA
Green Streets guidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D ~ 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? D ~
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
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STEP3
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, D 12]
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 12] D more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development orojects 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 D 12]
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 D Ill
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 Ill D a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street, road, highway 12] D freeway 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 Ill D
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 comminqled 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 D Ill shop is a facility th at 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 D Ill RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADTJ 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 Ill D and are expected to generate pollutants post construction?
11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D Ill
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 statina "Mv proiect is a 'STANDARD PROJECT ... " and complete applicant information.
E-34 Page 3 of 4 REV 02/16
..
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
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) = 14·81 O sq. ft. D Ill
Total proposed newly created or replaced impervious area (B) = 100,188 sq. ft.
Percent impervious area created or replaced (B/A)*100 = 676 %
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 statinq "My project is a PDP ... " and complete applicant information.
STEP5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
Ill 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.
0 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.
D 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: .S<-<. ,Lf II,,( , .:/-~e.t...c...1'QV L./te U.c....-Applicant Title: tAc.c. ;14!:eS:•~f&.,t
$:c~~
7
Applicant Signature: Date: r,,/;0//2 -, 1
• Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego: Habitat
Management Plan: and any other equivalent environmentally sensitive areas which have been identified by the City.
Th . B fi c·t U O I IS ox or l:Y se nw
YES NO
City Concurrence: D D
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 02/16
C
•(f) Mail Processing Center C
· Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 06/26/2017
Mark Freed
Summit Senior Life
3450 3rd Ave.
#205
San Diego, CA 92103
AOnautical Study No.
2017-A WP-5847-0E
•• DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building 5592 El Camino Real
Carlsbad, CA
33-08-30.15N NAO 83
l 17-16-34.29W
262 feet site elevation (SE)
39 feet above ground level (AGL)
301 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
__ At least IO days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change I.
This determination expires on 12/26/2018 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page I of3
NOTE: REQUEST FOR EXTENsrot')F THE EFFECTIVE PERIOD OF THIS r\ERMINA TION MUST
• BEE-FILED AT LEAST 15 DAYS Plf OR TO THE EXPIRATION DATE. AFTE'Jt'RE-EVALUA TION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights,
frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (3 I 0) 725-6558, or ladonna.james@faa.gov. On
any future correspondence concerning this matter, please refer to Aeronautical Study Number 2017-A WP-5847-
0E.
Signature Control No: 333503443-336350420
LaDonna James
("' Technician
Attachment(s)
Map(s)
Page 2 of3
(ONE)
• Ver Map for ASN 2017-AWP-5847-0E
Page 3 of 3
July 5, 2017
Summit Senior Life LLC
4340 Von Karman Avenue, Suite 140
Newport Beach, CA 92660
Phone: 619-838-9963 E-Mail: mfreed99@cox.net
City of Carlsbad
Planning Department
1635 Faraday Ave.
Carlsbad, CA 92008
Re : Carlsbad Senior Housing 5592 El Camino Real
APN's : 209-060-56-00, 209-560-57-00
Attached please find the following documents submitted for the purposes of processing
the following Permits: Special Use Permit; Conditional Use Permit; Site Development
Plan; Hillside Development Permit; Final Parcel Map
Binder #1
I. Applications and Forms: One (1) copy each
1. P-1 Land Use Review Application
2. P-l(A) Disclosure Statement
3. P-l(B) Project Description
4. P-l(C) Hazardous Waste and Substance Statement
5. P-l(D) Environmental Impact Assessment
6. P-l(E) Time limits on Discretionary Projects
7. P-l(F) Statement of Agreement to Waive Time limits
II. Title Report: Two (2) copies
Ill. Preliminary Geotechnical Report: Two (2) copies
IV. Environmental Reports and Technical Studies: One (1) copy each
1. Traffic Assessment Letter
2. Greenhouse Gas Analysis
3. Biological Resources Report
4. Cultural Resources Survey Report
5. Noise Analysis
V. SDGE Easement Consent Letter
VI. FAA Federal Aviation Regulations Part 77 Determination
VII. Photo Survey
Binder #2
Summit Senior Life LLC
4340 Von Karman Avenue, Suite 140
Newport Beach, CA 92660
Phone : 619-838-9963 E-Mail: mfreed99@cox.net
VIII. Storm Water
1. Storm Water Standards Questionnaire: Two (2) copies
2. PDP SWQMP
IX. Drainage Study
X. Color Board (Separate Attachment-Binder #2 Front Pocket)
XI. Public Notice Package (Separate Attachment-Binder #2 Back Pocket)
XII. Check for Submittal Fees (Separate Attachment-Binder #1 Front Pocket)
Boxes #1 and #2
XIII. Civil/Landscape/Architectural/Plans (Separate Attachment)
Ten (10) copies (Collated) including:
T -Title sheet
C0.1 -Preliminary Grading Plan
C0.2 -Prelim. Utility Plan
C0.3 -Constraints Map
C0.4 -Slope Analysis -Existing
C0.5 -Slope Analysis -Proposed
CL-1 -Conceptual Landscape Plan
CL-2 -Conceptual Water Conservation Plan
CL-3 -Landscape Maintenance Responsibility Plan
A0-0 -3D Perspectives
A0-1 -Site Plan
A0-2 -Trash Enclosure Elevations and Details
Al-00 -Bldg. 1 First Floor
Al-01-Bldg. 1 Second Floor
Al-02 -Bldg. 2 Second Floor
Al-03 -Bldg. 2 First Floor
A3-0 -Roof Plan
A4-0 -Exterior Elevations
AS-0 -Exterior Elevations
AG-0 -Enlarged Unit Plans
A9-0 -Sections
Al0-0 -Sections
{ City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .ca rlsbadca .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)
2.
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person __________ _ Corp/Part .-;e,e G>llA.,·bd .1..
Title ___________ _ Title _____________ _
Address Address ----------~ ------------~
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 See Ex ~,·b,(f (;L Corp/Part ____________ _
Title Title ---------------------------
Address _________ _ Address ------------~
Page 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust ----------
Title -----------~ Title _____________ _
Address Address ~~~-~~------~-----------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes l"I 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 best of my knowledge.
~ 4~ ~d,/9/17 ""1 ~ Sgnature of owner/date
i(oss ~. &rGe.--0t;yY12:, ~vM~ Set-zw
Print or type name of owner u..(e I l,LL..
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
Disclosure Statement P-l(A)
Exhibit 1
Applicant: Summit Senior Life LLC
Members:
4340 Von Karman Avenue, Suite 140
Newport Beach, CA 92660
1. Managing Partner -Summit Senior Living LLC
Managing Partner-Axxcess Realty Advisors, LLC
F. Craig Morris, Managing Partner
4340 Von Karman Avenue, Suite 140
Newport Beach, CA 92660
Member -Landmark Development Services, Inc.
Mark Freed, President
3450 Third Avenue, No. 205
San Diego, CA, 92103
Member -Robert Ashin
555 Capital Mall, Suite 410
Sacramento, California 95814
Member -Gee Consulting, Inc.,
Dick Gee, President
22201 Amber Rose
Mission Viejo, CA 92692
2. Member -Citivest, Inc.
CEO -Dana Haynes
4340 Von Karman Avenue, Suite 11 O
Newport Beach, CA 92660
Managing Partner -John Lem beck
4340 Von Karman Avenue, Suite 110
Newport Beach, CA 92660
Owner:
And
Disclosure Statement P-l(A)
Exhibit 2
ROSS G. BARBER, Trustee and LINDA A. BARBER, Trustee of the Barber Declaration of Trust
dated January 17, 1986, as to an undivided Yz interest.
Ross G Barber, Trustee
3825 Highland Drive
Carlsbad, California 92008
Linda A. Barber, Trustee
5525 NW Shasta Avenue
Corvallis, OR 97330
ROSS G. BARBER, Successor Trustee under Trust Agreement dated October 19, 1989, subject
to items 14, 15, 16 & 17 here, as to an undivided Yz interest.
Ross G Barber, Trustee
3825 Highland Drive
Carlsbad, California 92008
[ ( City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Summit Senior Carlsbad
APPLICANT NAME: Summit Senior Life LLC
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
See attached Exhibit 1
P-1(8) Page 1 of 1 Revised 07/10
Project Description P-1(8)
Exhibit 1
Permit Application for: Site Development Plan, Conditional Use Permit,
Special Use Permit, Hillside Development Plan, Final Parcel Map
The attached submittal is intended to allow the proposed construction of a new 84,258 square
foot Professional Senior Care Facility. The project consists of 78 assisted-living rooms and 23
memory care rooms for a total of 101 rooms with various amenities including, lounge areas,
activity rooms, media areas, dining rooms, view decks and balconies. The project will provide
administrative, housekeeping and kitchen areas to support operations, and will include 51
parking spaces including 2 accessible car spaces and 2 accessible van spaces.
The proposed stepped building design creates a two-story building that reflects the natural site
conditions and existing topography. The project proposes a paved drive that allows access to
and over the utility easement to the north and the storm water system will allow water to
continue to flow over the identified critical course sediment areas along the bluff at the north
end of the property as required. There is currently no view across the property from El Camino
Real (See Photo Survey) and the stepped building design minimizes the visual of the building
from the roadway.
The location on a knoll overlooking the Agua Hedionda Creek Valley provides panoramic views
to the open space and agricultural lands to the north, the river valley to the east and the
residential neighborhoods to the west. The facility is designed to provide tranquil views and
connection with the natural environment for residents.
The site has a 60+ year history of senior care use and is the location of the Madonna Hill Guest
Home. The first elderly care use dates back to the mid-1950's when a care facility with approx.
5 rooms was opened and the Madonna Hill Guest Home was founded. In 1964, the property
was purchased by the Barber family and the facility was expanded. At one point, up to 25
people were residing on the site in the main building and the guest house. The facility was
operated continuously by the Barber Family until 2014. The new proposed facility is intended to
be a continuation of the long history of elder care services provided to the community of
Carlsbad and the surrounding areas. The Barber family is fully supportive of the proposed
facility and has expressed satisfaction that their family legacy will continue to provide services
to the senior community.
Our studies have confirmed that there is an existing and growing demand for professional
senior care facilities in the central Carlsbad area and surrounding communities. Existing
facilities are predominantly located at the outskirts of Carlsbad City limits and a planned facility
nearby has not been able to proceed. The site is well suited for continued use as a Professional
Care Facility location with the Scripps Coastal Medical Center less than 600 feet away and
Carlsbad Fire Station 5, with a Paramedic unit, less than 1 mile away. The central location offers
a variety of commercial, recreational, and hospitality services within a two-mile radius, and El
Camino Real provides a convenient connection between the central commercial/industrial
areas around and east of McClellan-Palomar Airport, and the predominantly residential areas in
north and south Carlsbad.
C cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-1 (C)
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 Ca lifornia Environmental
Protection Agency and hereby certify that (check one):
[j] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Summit Senior Life LLC
Address: 4340 Von Karman Avenue, Suite 140
Newport Beach, CA 92660
Phone Number: (949) 544-3539
Address of Site: 5592 El Camino Real
PROPERTY OWNER
ROSS G BARBER, Tru1tee and LINDA A. BARBER. Trusloo Qf !he Barber Dodarat Name: __________ _
Address: 3825 Highland Drive
Carlsbad, California 92008
Phone Number: (760) 420-4386
Local Agency (City and County): Carlsbad, San Diego County
Assessor's book, page, and parcel number: Book 209. Pg. 6, AP# 209-060-56 & 57
Specify list(s): ____________________________ _
Regulatory Identification Number:. ______________________ _
Date of List:. _____________________________ _
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
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 .gov/sitecleanup/CorteseList/default.htm
www. ca lepa. ca . gov /database/ca I sites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.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.gov/deh/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.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of 2 Revised 02/1 3
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-@Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92108
Phone: (619) 521-3500 • Fax: (619) 521-3608
ORDER NO.: 12206371-996-SDl
Summit Senior Living
4340 Von Karman Avenue, Suite
Newport Beach, CA 92660
ATTN: Mark Freed
Email: mfreed99@cox.net
Ref: APN: 209-060-56, 57
Issuing Policies of Chicago Title Insurance Company
Escrow/Customer Phone: (619) 521-3500
Title Officer: Ken Cyr & Mark Franklin (SD/BS)
Title Officer Phone: (619) 521-3673
Title Officer Fax: (619) 521-3608
Title Officer Email: TeamCyrFranklin@ctt.com
PROPERTY: 5592 EL CAMINO REAL & VACANT LAND, CARLSBAD, CA
FIRST AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien
or encumbrance not shown or r~ferred to as an exception herein or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance. is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximu,n Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from
the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. !fit is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska
Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list allfiens, defects and encumbrance., affecting title to the land.
Chicago Title Company
Authorized Signature • Altut
CLTA Preliminary Report Form -Modified (11/17/06) Page I
r
'
-@Chicago Title Company
2365 Northside Drive, Suite 600, San Diego, CA 92 l 08
Phone: (619) 521-3500 • Fax: (619) 521-3608
PRELIMINARY REPORT
EFFECTIVE DA TE: May 31, 2017 at 7:30 a.m.
ORDER NO.: 12206371-996-SDl
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Owners Policy (04-08-14)
l. 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:
ROSS G. BARBER, Trustee and LINDA A. BARBER, Trustee of the Barber Declaration of Trust dated
January 17, 1986, as to an undivided Yz interest
And
ROSS G. BARBER, Successor Trustee under Trust Agreement dated October 19, 1989, subject to items 14,
15, 16 & 17 here, as to an undivided Yz interest
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CLTA Preliminary Report Form-Modified (l l/17/06) Page 2
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
EXHIBIT "A"
LEGAL DESCRIPTION
Chicago Title Company
ORDER NO.: 12206371-996-SDl
THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I: APN: 209-060-56
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B", AS SHOWN ON MAP OF RECORD OF
SURVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 0° 06' EAST ALONG THE WEST LINE
OF SAID LOT, AS SHOWN ON THE AFORESAID MAP, 1093.5 FEET; THENCE SOUTH 87° 45' EAST, I 133.0 FEET;
THENCE SOUTH 13° 12' WEST, 550.0 FEET; THENCE SOUTH 81° 53' EAST, 2214.4 FEET; THENCE SOUTH 9° 35'
WEST, 1003.3 FEET; THENCE NORTH 65° 45' WEST, 646.0 FEET; THENCE NORTH 78° 32' WEST, 369.0 FEET;
THENCE SOUTH 22° 37' WEST, 1236.8 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B",
BEING ALSO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS A-13, AND SHOWN ON THE MAP
THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE
ALONG SAID SOUTHWESTERLY LINE OF SAID LOT AND SAID CENTER LINE OF SAID ROAD, SOUTH 77° 30'
EAST, 888.8 FEET; SOUTH 52° 56' EAST, 514.0 FEET; AND SOUTH 80° 12' EAST 660.0 FEET; THENCE SOUTH 80°
12' EAST ALONG THE EASTERLY PROLONGATION OF SAID CENTER LINE, 7.6 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 20° 31' 30" EAST, 370.03 FEET; THENCE NORTH 40° 28' 30" WEST, 238.78 FEET;
THENCE SOUTH 20° 3 l' 30" WEST, 525.34 FEET TO THE AFOREMENTIONED CENTER LINE OF COUNTY ROAD
A-13; THENCE SOUTH 80° 12' EAST ALONG SAID CENTER LINE AND THE EASTERLY PROLONGATION
THEREOF, 212.55 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: APN 209-060-57
THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP
NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1935;
THENCE ALONG THE WEST LINE OF SAID LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 517,
SOUTH 00° 06' 00" EAST, 1093.50 FEET; THENCE SOUTH 87° 45' 00" EAST, I 133.00 FEET; THENCE SOUTH 13° 12'
00" WEST, 550.00 FEET; THENCE SOUTH 81° 53' 00" EAST, 2214.40 FEET; THENCE SOUTH 09° 35' 00" WEST,
1003.30 FEET; THENCE NORTH 65° 45' 00" WEST, 646.00 FEET; THENCE NORTH 78° 32' 00" WEST, 369.00 FEET;
THENCE SOUTH 22° 37' 00" WEST, 1236.80 FEET TO THE CENTER LINE OF COUNTY ROAD A-13 AS SHOWN
ON SAID RECORD OF SURVEY MAP NO. 517; THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTH 77°
30' 00" EAST, 888.80 FEET; SOUTH 52° 56' 00" EAST, 514.00 FEET; AND SOUTH 80° 12' 00" EAST, 455.05 FEET TO
THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO STEVEN GREGORY, ET UX, RECORDED
DECEMBER 4, 1956 IN BOOK 6367. PAGE 25 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID GREGORY'S LAND, NORTH 20° r 31' 30" EAST, 525.34 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE ALONG THE
t NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID GREGORY'S LAND, NORTH
40° 28' 30" WEST TO THE INTERSECTION OF A LINE BEING PARALLEL WITH AND DISTANT 100.00 FEET
NORTHWESTERLY OF THE NORTHWESTERLY LINE OF SAID GREGORY'S LAND; THENCE SOUTH 20° 31' 30"
CLTA Preliminary Report Form -Modified (I 1/17/06) Page 3
,-..
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
EXHIBIT A
(Continued)
Chicago Title Company
ORDER NO.: !2206371-996-SDI
WEST ALONG SAID PARALLEL LINE TO THE CENTER LINE OF SAID COUNTY ROAD A-13; THENCE ALONG
SAID CENTER LINE SOUTH 80° 12' 00" EAST TO THE TRUE POINT OF BEGINNING.
CL TA Preliminary Report Form -Modified ( 11/l 7/06) Page 4
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied
for the fiscal year 2017-2018.
B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a
result of changes in ownership or new construction occurring prior to Date of Policy.
I. Pending assessment for the District shown below:
District:
Disclosed by:
Recording Date:
Recording No:
Community Facilities District No. I
Assessment District Diagram
December 19, 1990
90-0674118 of Official Records
When the Notice of Assessment is recorded in the public records, the assessment shall become a lien on said Land.
2.
Notice of Special Tax Lien recorded May 20. 1991 as Instrument No. 91-0236959 of Official Records.
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Various parties
all roads and rights of way now existing or traveled over and across any portion
July 29, 1936
49122 in Book 541. page 244 of Official Records
The exact location and extent of said easement is not disclosed of record.
3. Rights of the public to any portion of the Land lying within the area commonly known as
Road Survey No. 682.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
County of San Diego
public road purposes
January 5, 1938
Book 743, page 64 of Official Records
Road Survey No. 682
Said instrument additionally contains the privilege and right to extend structures and excavation and embankment
slopes beyond the limits where required for the construction and maintenance thereof.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
October 17, 1960
206390 of Official Records
A portion of the Land described herein.
CLTA Preliminary Report Form -Modified (11/17/06) Page 5
r
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
EXCEPTIONS
(Continued)
6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
October 17, 1960
206395 of Official Records
A portion of the Land described herein.
7. Privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of R. S.
1800-1, where required for the construction and maintenance of said right-of-way as contained in the document set
forth below:
Recording Date:
Recording No.:
September 18, 1969
171623 of Official Records
8. Privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of R.S.
18000-1, where required for the construction and maintenance of said right-of-way as contained in the document set
forth below:
9.
Recording Date: October 30, 1970
Recording No.: 199725 of Official Records
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
The County of San Diego
drainage channels and structures
October 30, 1970
199725 of Official Records
A portion of the Land described herein.
10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Carlsbad Municipal Water District
water pipeline
December 12, 2000
2000-0673972 of Official Records
A portion of the Land described herein.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
City of Carlsbad
wastewater pipeline
December 12, 2000
2000-0673973 of Official Records
A portion of the Land described herein.
CLTA Preliminary Report Form -Modified (11/17/06) Page6
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
EXCEPTIONS
(Continued)
I 2. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by the document,
Recording Date: October 25, 2007
Recording No: 2007-0681759 of Official Records
Affects: A portion of Parcel 2 abutting El Camino Real
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
14. A Deed:
From:
To:
Dated:
Recording Date:
Recording No:
City of Carlsbad, a municipal corporation
slope and drainage
October 25, 2007
2007-0681760 of Official Records
Parcel 2
Ross G. Barber, Trustee of Mabel L. Barber Trust dated October 19, 1989
Ross G. Barber
October 2, 2013
October 25, 2013
2013-0640545 of Official Records
For insurance purposes, the Company is not willing to divest the interest of the following party(ies):
Party(ies):
15. A Deed:
From:
To:
Dated:
Recording Date:
Recording No:
Ross G. Barber, Trustee of Mabel L. Barber Trust dated October 19, 1989
Ross Gordon Barber
Ross Gordon Barber Revocable Trust Dated November 30, 2009
October 16, 2013
October 25, 2013
2013-0640546 of Official Records
For insurance purposes, the Company is not willing to divest the interest of the following party(ies):
Party(ies):
16. A Deed:
From:
To:
Dated:
Recording Date:
Recording No:
Ross G. Barber, Trustee of Mabel L. Barber Trust dated October 19, 1989
Ross G. Barber, Trustee of Mabel L. Barber Trust dated October 19, 1989
Ross Gordon Barber
October 2, 2013
October 25, 2013
2013-0640547 of Official Records
For insurance purposes, the Company is not willing to divest the interest of the following party(ies):
Party(ies): Ross G. Barber, Trustee of Mabel L. Barber Trust dated October 19, 1989
CLTA Preliminary Report Form -Modified (I 1/17/06) Page 7
,....
'
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
17. A Deed:
From:
To:
Dated:
Recording Date:
Recording No:
EXCEPTIONS
(Continued)
Ross Gordon Barber
Ross Gordon Barber Revocable Trust dated November 30, 2009
October 16, 2013
October 25, 2013
2013-0640548 of Official Records
For insurance purposes, the Company is not willing to divest the interest of the following party(ies):
Party(ies ): Ross Gordon Barber Revocable Trust dated November 30, 2009
18. Please be advised that our search did not disclose any open Deeds of Trust of record. lfyou should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
19. Water rights, claims or title to water, whether or not disclosed by the public records.
20. Matters which may be disclosed by an inspection and/or by a correct ALT Al ACSM Land Title Survey of said Land
that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
21. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the
public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license
and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
22. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Option agreement
Linda A. Barber, trustee of the Barber Trust dated 1/17/86 and Ross G. Barber, trustee of
the Ross G. Barber trust dated 11/30/09 as optionor and Summit Senior Living LLC as
optionee
October 27, 2015
2015-0560161 Official Records
Reference is hereby made to said document for full particulars.
23. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled:
Lessee:
Recording Date:
Recording No:
Option agreeement
Brickharn Landscape Company
October 27, 2015
2015-0560161 Official Records
CLTA Preliminary Report Form~ Modified (11/17/06) Page 8
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
EXCEPTIONS
(Continued)
Chicago Title Company
ORDER NO.: 12206371-996-SDI
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH
FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
END OF EXCEPTIONS
CL TA Preliminary Report Form-Modified (11/17/06) Page9
r '
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
REQUIREMENTS SECTION
Chicago Title Company
ORDER NO.: 12206371-996-SDI
I. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified
by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification,
pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter
named trust, a form of which is attached.
Name of Trust: All Trusts
END OF REQUIREMENTS
CLTA Preliminary Report Form -Modified (11/17/06) Page 10
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
INFORMATIONAL NOTES SECTION
I. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to
an Extended Coverage Loan Policy, when issued.
2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116
indicating that there is located on said Land Single Family Residential properties, known as 5592 El Camino Real &
Vacant land, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy.
3. Note: Please contact your Title Officer to obtain the current recording fees. Chicago Title Company will pay
Chicago Title Insurance Company 12% of the title premium, as disclosed on lines 1107 and 1108 of the HUD-I.
4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
END OF INFORMATIONAL NOTES
Ken Cyr & Mark Franklin (SD/BS)/gp
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This
Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such
information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage
you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out
procedure set forth at the end of this Privacy Notice.
Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal
personal information about you, like your contact information, information from you via applications, forms, and correspondence
address demographic information, social security number (SSN), we receive from you and others related to our transactions with
driver's license, passport, other government ID numbers and/or you. When you visit our websites from your computer or mobile
financial information. We may also receive browsing information device, we automatically collect and store certain information
from your Internet browser, computer and/or mobile device if you available to us through your Internet browser or computer
visit or use our websites or applications. equipment to optimize your website experience.
Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your
personal information to provide products and services to you, to information to our affiliates and/or nonaffiliated parties providing
improve our products and services, and to communicate with you services for you or us, to law enforcement agencies or
about these products and services. We may also share your governmental authorities, as required by law, and to parties
contact information with our affiliates for marketing purposes. whose interest in title must be determined.
Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect
information to us is entirely up to you. You can opt-out of certain information from children who are under the age of 13, and our
disclosure or use of your information or choose to not provide any website is not intended to attract children.
personal information to us.
'--· "rivacy Outside the Website. We are not responsible for the International Users. By providing us with you information, you r privacy practices of third parties, even if our website links to those consent to its transfer, processing and storage outside of your
parties' websites. country of residence, as well as the fact that we will handle such
CLTA Preliminary Repon Form-Modified (11/17/06) Page 11
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDI
INFORMATIONAL NOTES
(Continued)
information consistent with this Privacy Notice.
The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some
cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking
action or making changes to any consumer information submitted through those websites.
Your Consent To This Privacy Notice. By submitting information Access and Correction; Contact Us. If you desire to contact us
to us or by using our website, you are accepting and agreeing to regarding this notice or your information, please contact us at
the terms of this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice.
CLTA Preliminary Report Form -Modified (11/17/06) Page 12
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: 12206371-996-SDl
INFORMATIONAL NOTES
(Continued)
FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related
services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to
ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable
laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of
FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application
(collectively, the "Website").
Types of Information Collected
We may collect two types of information from you: Personal Information and Browsing Information.
Personal Information. FNF may collect the following categories of Personal Information:
• contact information (e.g., name, address, phone number, email address);
• demographic information (e.g., date of birth, gender, marital status);
• social security number (SSN), driver's license, passport, and other government ID numbers;
• financial account information; and
• other personal information needed from you to provide title insurance, real estate-and loan-related services to you.
Browsing Information. FNF may collect the following categories of Browsing Information:
• Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;
• browser language and type;
• domain name system requests;
• browsing history, such as time spent at a domain, time and date of your visit and number of clicks;
• http headers, application client and server banners; and
• operating system and fingerprinting data.
,-.How Information is Collected
\ In the course of our business, we may collect Personal Information about you from the following sources:
• applications or other forms we receive from you or your authorized representative;
• the correspondence you and others send to us;
• information we receive through the Website;
• information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and
• information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain
directly from those entities, our affiliates or others.
If you visit or use our Website, we may collect Browsing Information from you as follows:
• Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing
information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the
user.
• Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to
your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie
allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose
whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of
the Website.
Use of Collected Information
Information collected by FNF is used for three main purposes:
• To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection
with a transaction involving you.
• To improve our products and services.
• To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or
independently.
When Information Is Disclosed
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and
Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws
rdo not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to
, ,imit the discretionary disclosure of your Personal Information and Browsing Information.
Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties:
• to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud,
material misrepresentation, or nondisclosure;
• to our affiliate financial service providers for their use to market their products or services to you;
CLTA Preliminary Report Form -Modified (11/17/06) Page 13
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
Chicago Title Company
ORDER NO.: !2206371-996-SDI
INFORMATIONAL NOTES r (Continued)
• to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information
only in connection with such services;
• to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to
market financial products or services to you;
• to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court
order;
• to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be
determined, settled, paid, or released prior to closing; and
• other third parties for whom you have given us written authorization to disclose your Personal Information.
We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that
such disclosure is necessary to:
• comply with a legal process or applicable laws;
• enforce this Privacy Notice;
• investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other
information provided by you violates the rights of a third party; or
• protect the rights, property or personal safety of FNF, its users or the public.
We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates
or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance
with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business
partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale
or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency,
receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing
,...information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of
\ , ;ecurity by a third party or for any actions of any third party that receives any of the information that is disclosed to us.
Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal
Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal
Information and/or Browsing Information that, by law, you cannot limit, include:
• for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law
• enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court
• orders, or report to credit bureaus;
• for our own marketing purposes;
• for joint marketing with financial companies; and
• for our affiliates' everyday business purposes -information about your transactions and experiences.
You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following
circumstances ("opt-out"):
• for our affiliates' everyday business purposes -information about your creditworthiness; and
• for our affiliates to market to you.
To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying
us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct
marketing purposes.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except
as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and
similar devices.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the
information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact
information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas,
NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us.
,-For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for
\ marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want
a disclosure made for marketing purposes.
For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as
permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information
CLTA Preliminary Report Form -Modified (l l/17/06) Page 14
PRELIMINARY REPORT
YOUR REFERENCE: APN: 209-060-56, 57
INFORMATIONAL NOTES
(Continued)
Chicago Title Company
ORDER NO.: 12206371-996-SDl
about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your
name, contact information and information about your transactions.
lnfonmation From Children
The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect
Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.
By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice.
Privacy Outside the Website
The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of
those other websites.
International Users
FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union,
please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the
European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or
Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice.
The California Online Privacy Protection Act
For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan
servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The
information which we may collect on behalf of the mortgage loan servicer is as follows:
• first and last name;
• property address;
• user name and password;
• loan number;
• social security number -masked upon entry;
• email address;
• three security questions and answers; and
• IP address.
The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan
servicer is responsible for taking action or making changes to any consumer infonmation submitted through this website. For
example, if you believe that your payment or user infonmation is incorrect, you must contact your mortgage loan servicer.
CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted
to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil
or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections
titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to
your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer.
Your Consent To This Privacy Notice
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us
in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide
information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and
acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use
comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you.
Accessing and Correcting lnfonmation; Contact Us
If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our
affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to:
CLTA Preliminary Report Form -Modified (11/17/06)
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934-3354
Page 15
r
Notice of Available Discounts
Pursuant to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These
discounts are generally described below; consult the rate manual for a full description of the terms, conditions and
requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of
Companies. This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwritten Title Company
CTC -Chicago Title Company
Available Discounts
FNF Underwriter
CTIC -Chicago Title Insurance Company
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited
on a subsequent policy charge within the following time period from the date of the report.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of
California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the
appropriate title insurance rate, depending on the type of coverage selected.
EMPLOYEE RATE (CTC and CTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the
employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the
employee would be obligated to pay, by established custom, as a party to the transaction.
CA Discount Notice Effective Date: 1-10-2010
r
ATTACHMENT ONE
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 or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions
or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
( c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability
or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the
land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I.
2.
3.
4.
5.
6.
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.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
(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.
Any lien or right to a lien for services, labor or material not shown by the public records.
CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
Attachment One ( 4-2-15) CA & NV
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack 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.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule
A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21 :
Your Deductible Amount
I .OOo/o 0/o of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less)
1.00% % of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less)
1.000/o of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less)
1.000/o of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar
Limit of Liability
$ I0,000.00
$25,000.00
$25,000.00
$5,000.00
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
CLTA Preliminary Report Form -Modified (11/17/06) Page 18
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan 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
(Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
(PART I
(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against
loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or locatiOn of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion ](a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
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.
CLTA Preliminary Report Form -Modified (11/17/06) Page 19
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 fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
(The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
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, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk!!, 16, 17, 18, 19,20,21,22,23,24,27or28);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 l(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
CLTA Preliminary Report Form -Modified (11/17/06) Page 20
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
CLTA Preliminary Report Form -Modified (11/17/06) Page 21
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