HomeMy WebLinkAboutSDP 2019-0010; KOLESAR RESIDENCE ADDITION; Site Development Plan (SDP)' .
Ccityof
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)
Development Permits
D Coastal Development Permit
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
l(i Site Development Plan -~ Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
~~f Jo\<t-
60t0
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
D Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No~])£:= V JO /9 =={) / ] '{'
P-1
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
(STREET ADDRESS)
R-~HYt:~Gc APP\T1010
LNb
ESTIMATED COMPLETION DATE
Lead Case No.
Page 1 of 6 Revised 03/17
OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME \ L-, ·1
(if applicable): 8 \"'~ ctO. A }' C) ,e ~ C. '{"
COMPANY NAME
(if applicable):
MAILING ADDREss: 8Y3 C]vi-,~ I \i (1 P)ece
CITY,STATE,ZIP: C r\sbq:cai. ~OO'o
TELEPHONE: G\ lb 5 Lt\ -\ ~1 0 ~
EMAIL ADDRESS: brt:t'\cicJ.{\@, +~~~~Sa<' Q'h .c,o(')
APPLICANT'S REPRESENTATIVE (Print):
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
(PLEASE PRINT)
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.
MAILING ADDRESS: "31-L\ q _ ___;::......:.___.:,__:_ __ -¥--L-J..-,,--.....loo:~a..:....-+..:::.~~:......:..i.'-----------------
C I TY, STATE, ZIP: 0 ( c., · ~ Q 0);2_0 $6
TELEPHONE:
EMAIL ADDRESS:
SIGNATURE DAT
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE AN IND Y S CCESSORS IN INTEREST. ,,
FOR CITY USE ONLY
~.UG 3 r 2019
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 03/17
. ,
Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: koL-~ SA f2-R.ES ltYft-< c~ ADP lTtot...)
APPLICANT NAME: B ~f-~DA k )< OLE S;A f(
P~ease 1~scribe ~ully the proposed project by application type. Include any details necessary to
a eq~a e Y explain. the scope and/or operation of the proposed project. You may also include
any a_ckground information and supporting statements regarding the reasons for or
appropriateness of, the application. Use an addendum sheet if necessary. '
Description/Explanation:
nQ_., f"'' fo"?.ec9 2.1')\Q ':;To(l~ A p J:) JTIO ~ To
-\-k e>s-is-\-1~ Jiv'P lo IN 1\\ i..-,0\ui-J-e l1) QJJli}iO,.,c,\ b~r~-roo-1') i
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b.ec½-cu~ cncO t)c:,th rooVV),
T"'e \'-'tlort'., I c; 2-\"<0
I 0~ \ c" \ (i(\ cD C 0~ t er (e v··h'j.e
~ TO ~'11 )~
So) Vt' 'on ,
P-1(8) Page 1 of 1 Revised 07/10
{'cityof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be att9ched if necessary.)
Person a~f\c:\c:;-.A ~\ e 'SQr Corp/Part __________ _
Title _______ ~----Title _____________ _
Address ?>L\ ~ (9{1:)e.\\ i0, P\sce Address _________ _
cAUS~Ao , cA 01~0 o'c'J
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i:e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person ~ r:e,,....J00 kd esgr Corp/Part __________ _
Title ___________ _
Address ~q 3 Cei~el) iO) Ploce
Co.r,sbod I Cg_ 92'0o8
Title ______________ _
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 D 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.
Print or type name of owner Print or type name of applicant
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
-
Ccicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
~ 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.
□ 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: Br-(>_~'{\ ko \ e SOiV"'
Address: '?)l\ s Ceim-tJ "'°' P\oic e
Cew--h be.& , CA OJ 200 i
Phone Number: C 9 \ 6 j SL-\\ -I t>O ?)
Address of Site:
PROPERTY OWNER
Name: BY'-e(\dCV'\ kale, Sc;-r--
Address: 8l\~ Covneil) ,·vi Pbce
Car\s W C , 2ooi
Phone Number: C 9 \ b 5L-\ \ . I ca O 8
P)C)ce. c°',l'\sbqJ) , Cc,, qzooca
Local Agency (City and County): ___ c_, fI_.__V~\ __ o~f __ c_A~f2J_C_S~~is~A~D~----
Assessor's book, page, and parcel number: J3 oof:. ~ OL\ Pg C)f. ~ \ Lo I l 3 PC)t c~ \ d\
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
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: __ ~__,/------="3'---o_/_/'-----'-1 _____ (To be completed by City)
ApplicationNumber(s): SbP:lo/9-00/0
General Information
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name of project: __ ....... k_c_iL.:_~_-'S_A---'--'--\2----'-R-_f_·c-_:)_, D_f"_N_c_·r-__ A_D_0____;__:1 f:.__\_o....:..,,~_
Name of developer or project sponsor: ________________ _
Address: -~"'--L,\-~_C_A_M_R_L_.\.. l_A~..a......;pl(\__,__G_~ _____ _
City, State, Zip Code: __ c_C\~r ...... \ CS-=-<,.P_C\_JL.;:;_,-+) ...... C ...... ,,g....L..,;., __ <?)_,_' ~J..>..:O:....,o"'-'B""-------
Phone Number: __ (_°'_-1_\ b_,)._· _S_v\_\ __ -_\,_t_)O_t3 ______ --.---__
Name of person to be contacted concerning this project: ls reV")JCV'"\ lo \-e s0ir
Address: _ ___,~"--L;_.;_\ ~--~=-..::..,_v'h---=----:....B=-''---'-' ~)q.,___-'p_\.:...-qL..::c:.....:e _______ _
City, State, Zip Code: __ C=--,C\;-:-/"_,_s~b._g__._,c...:;cQ::;__➔J-Cg~.L..:'--°'--l-loi~o_o_<a.>!...,_ __ _
Phone Number: __ c_·s_\_6~J _.=S_G\.:.....;\-:------'-'-=~-o--=8=---------
'6 ~)3 Covhel\1c3 P\Qce., Ca""kbcd',cP, Address of Project:
Assessor's Parcel Number: 'AOL\ -?-,. \ 0 -~ A · 0 ~ ____________ ___:,__:,_.=:,...,___ ___ _
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:
A bv,lJ,~ ~f•M;t
Existing General Plan Land Use Designation: ---.----------..---------
Existing zoning district: _ __......L.=..:........:..~=----------==-=-~.:::..:_ _ ____j=-.!...>,L--1--,..:.f'....:\:....' c.,=-· f,.:...-.. __ _
Existing land use( s ): --.::...L---'-"µ......,"'-----1---'-'--'-'-'~-~""--""C.-'-'. ""-'--!.e;,....,/)~( e.=:___.,__'..i.;:D::...;v!!....l>L·:...!1-e~Y.
Proposed use.of site (Project for which this form is filed): ----,---------
S ;!V\)€ t°'6; ~ £.e-side,_, ct: / Dvpkll
Project Description
10.
11.
12:
13.
14.
P-1(0)
Site size: Parcv\ (A Go i1-S:G.uA(l.\~ 1-ttf
Proposed Building square footage: iL\ol ~(.r. + l15<n Si f--::: 1<b°ll SC\,Ft--
Number of floors of construction: _ _,,2==-:....l~.c._b;:.:::___~~-=-0_,_~....,.\.\_'.:..,__....:A---'--"'J=L..L....1.l-'-'~,C,.-.--'--)'------
Amount of off-street parking provided: __._,(....,c~c.,_-) __ P=-a..cc, __._{':_~,:__)_~....:.....c..jo/,_____,.S'+p-o..::...L....c"--e=-...;:s~--
Associated projects: ____ ....::.l"-J_O____._I....J~"-'1=:',__-_____________ _
Page 2 of 4 Revised 07/10
15.
16.
17.
18.
19.
P-1(D)
If residential, include the number of units and sch · · · · be\-
b~,-
P-l
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ---r------------------)~ 2A
If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N)A >
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be d;~ve))~m the project:
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why th~ application is required: __________________ _
PA €1--'\C.n~ f,
Page 3 of 4 Revised 07/10
•
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes .,t!g,
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D a
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D ~
roads.
22. Change in pattern, scale or character of general area of project. D ~
23. Significant amounts of solid waste or litter. D ~
24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. 0 a
27. Site on filled land or on slope of 10 percent or more. D tg:
28. Use of disposal of potentially hazardous materials, such as toxic substances, D N_
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D ~
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 H
31. Relationship to a larger project or series of projects. D ~
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of lan·d use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge belief.
Date: ;f / L-¥ )i °1, Signature: . I I --~~ _ __,,..._ ________ _
_ ___,L.,_c_.i~~~~!,__L_..!.._.=~~~,<:.... For:
P-1(0) Page 4 of 4 Revised 07/10
Ccicyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1 (E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (760~) 602
Applicant Signature: ----=-=~
• I
Staff Signature: ---------~~-~"'-,""------------
5 j ;Jt; Date: T J
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's
consistency with the growth projections used in the development of the CAP . This section allows the city
to determine a project's consistency with the land use assumptions used in the CAP. Projects found not
to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP
screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-
specific analysis of GHG emissions' impact on the environment in accordance with the requirements of
the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures
applied as a condition of project approval in addition to compliance with the CAP ordinance requirements
identified in Step 2 of thi~ checklist.
Checklist Item
(Check 1he appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning
designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an
equivalent or less GHG-intensive project when compared to the existing designations?
Yes No
□
If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under
both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to
Demonstrating Consistency with the Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in
determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to
correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less
than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling untts
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions
analysis to determine whether it is below the 900 MTCO2e/year screening threshold.
If ''Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed
GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to
demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable
measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in
accordance with California Environmental Quality Act Guidelines Section 15091 . Mitigation in lieu of or in addition to the measures in Step 2 may be
required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG
emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 04/19
~\. City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn,
demonstrate consistency with the applicable measures and actions of the CAP. The compliance
requirements in this Step 2 apply to development projects that require a building permit. All other
development projects shall implement all emissions-related mitigation measures from the General Plan
Update EIR.
Property Address/APN:
Applicant Name/Co.:
Applicant Address:
Contact Phone:
Contact information of person com letin this checklist (if different than above):
Name:
Company name/address:
'r'V'M Contact Phone: ( l-60) ~ c;Y) , Si-OJ
QnGh ContactEmail: fMW t'\')Qvl'lfgiri 8,7M0t1L(o'{)')
io5£
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your
project. If your project includes alterations or additions to an existing building, please contact the Carlsbad
Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at
building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $
Residential
New construction
Alterations:
~ BPV 2: $60,000
~ BPV 2: $60,000
□ Electrical service panel upgrade
□ BPV 2: $200,000
i Non ·a1 □ resideoti IYJ/A □ New construction
□ Alterations:
P-30
2A, 3A and 4A
1A
1A and 4A
4A
1A and 4A
I 1B, 2B, 3B, 4B and 5
Page 3 of 7
All residential alterations
1-2 family dwellings and townhouses with attached garages
only
Multi-family dwellings only where interior finishes are removed
and significant site work and upgrades to structural and
mechanical, electrical, and/or plumbing systems are proposed
Revised 04/19
'
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV 2:: $200,000 or additions 2:: 1,000 1B, 5 square feet
□ BPV 2:: $1,000,000 1B, 2B and 5 Building alterations of 2:: 75% existing gross floor area
□ 2:: 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV 2:: $200,000
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this
section.
A 'ii] Residential addition or alteration i!: $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
Before 1978 , Select one: ~ Attic insulation NZ! Duct sealing □ Cool roof
□ 1978 and later Select one:
□ Lighting package □ Water heating package
□ Between 1978 and 1990
□ 1991 and later
□ N/A _________ _
□ Exception: Home energy score ~ 7
(attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation □ Duct Sealing □ Cool roof
Select one:
□ Lighting package □ Water heating package
8. □
N/A
Nonresidential* new construction or alterations i!: $200,000 building permit valuation,
or additions i!: 1,000 square feet. □ N/A ----------See CALGreen Appendix A5, Discussion A5.2, as amended in CS-347, Section 3.
AS.203.1 .1.1
□ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ N/A
AS.203.1.1 .2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ N/A
A5.203.1.2.1
Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ N/A
AS.211 .1 ...
□ On-site renewable energy □ N/A
AS.211.3**
□ Green power (if offered by local utility provider, 50% minimum renewable sources) □ N/A
AS.212.1
□ Elevators and escalators □ N/A
AS.213.1
□ Steel framing □ N/A
P-30 Page 4 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
* lndudes hotels/motels and high-rjse residential buildings
** For alterations~ $1 ,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply
with California Energy Code section 120.10 instead.
2. Photovoltaic s,.tams
A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section
1
'1 J' I\ 150.1(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad
~ ordinance CS-348, increase system size by .3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.572) / 1,000 + (1.15 x#d.u.)
*Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
kWdc
1 1 / 11 B. D Nonresidential new construction or alterations :!:$1,000,000 BPV and affecting :!:75% existing floor area, or addition that increases roof
1'-1 f ~ area by ~,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. ------------------------------------------
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
□If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
□ If;,: 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) **
___ kWdc
**Round building size factor to nearest tenth , and round system size to nearest whole number.
□ Time-Dependent Valuation Method
Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc
***Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
13, Water~• r:v: ,
\\)/'A A D Residential and hotel/motel new construction
,£...\-Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise
residential only)
□ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10
(for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
□ Exception:
D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal □ Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
□ Heat pump water heater
□ Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
4. Electric VehJcle C
A~ Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when com letin this section.
One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required 1;_Exception : fA,g.¼J >--JV\: \/AQ \A 1"2.G:S:
□ Multi-family residential· □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready I
I I
Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number)
EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready'' or "Installed.")
P-30 Page 6 of 7
Installed I Total
I
Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
B
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~
$60,000 or include an electrieql service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a
building permit valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical,
and/or plumbing systems are proposed.
D Nonresidential new construction (includes hotels/motels) □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed
Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101-150 12 6
□ 151 -200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV
Spaces
f.J / A !$. □ traospottatlon Demand Manageptent, (TOM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table.
Use GFA Employee ADT/1 ,000 S.F. Total Employee ADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds
vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of
Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes □ No □
LOE Staff Verification: □ ______ (staff initials)
P-30 Page 7 of 7 Revised 04/19
1,
I
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Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
Property:
Order Number: 164537 (EF)
Page Number: 1
vVESTERN RESOURCES ■
TITLE
164537 (EF)
Ed Fontes
(619)930-9303
(619)894-7175
teamed@wrtca.com
Monica Busch (MB)
(619)930-9303
(619)550-3746
mbusch@wrtca.com
843 Camellia Place
Carlsbad, CA 92008
1550 Hotel Circle North, Suite 330, San Diego, CA 92108
(619)930-9303
PRELIMINARY REPORT
North American Title Insurance Company
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the
Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
Western Resources Title Company
Dated as of April 16, 2019 at 7:30 A.M.
Order Number: 164537 (EF)
Page Number: 2
The form of Policy of title insurance contemplated by this report is:
ALTA Short Form Residential Loan Policy
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
BRENDAN KOLESAR, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A condominium in fee, as defined in Section 783 of the California Civil Code.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2018-2019.
First Installment: $3,593.04, DELINQUENT
Penalty: $359.30
Second Installment: $3,593.04, DELINQUENT
Penalty: $369.30
Tax Rate Area: 09000
A. P. No.: 204-210-32-02
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
4. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes.
Western Resources Title Company
Order Number: 164537 (EF)
Page Number: 3
5. Matters in various instruments of record which contain, among other things, easements and rights of
way in, on, over or under the common area for the purpose of constructing, erecting, operating or
maintaining thereon or thereunder, overhead or underground lines, cables, wires, conduits, or other
devices for electricity, power, telephone and other purposes, storm water drains and pipes, water
systems, sprinkling systems, water, heating and gas lines or pipes and any similar public or quasi-
public improvements or facilities. Also, the equitable right of use and enjoyment in and to and
throughout the common area as well as non-exclusive easements and equitable right for ingress,
egress to the owner herein described. Reference is hereby being made to various documents and
maps of record for full and further particulars.
Affects: The common area.
6. Limitations, covenants, conditions, restrictions, resolutions, annexations, reservations, easements,
exceptions, terms, assessments, liens and charges in instruments recorded in the official records of
said county any amendments and modifications thereto, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the
extent such covenants, conditions or restrictions violate 42 USC 3604(C).
7. A Deed of Trust to secure an original indebtedness of $531,000.00 recorded June 29, 2016 as
Instrument No. 323808 of Official Records.
Dated: June 24, 2016
Trustor: Brendan Kolesar, a married man as his sole and separate property
Trustee: Western Resources Title
Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for
Lender: Home Point Financial Corporation
8. A federal tax lien in favor of the United States of America, recorded July 13, 2018 as Instrument No.
285350 of Official Records.
Serial No.: 314001218
Debtor: Brendan R. Kolesar and Kelli K. Rose
Amount: $166,142.82, and any other amounts due thereunder.
9. If the contemplated transaction involves "HARD MONEY" Financing, it will be a requirement of this
company that you contact the Title Officer immediately for additional instructions and said transaction
will need to be approved by our underwriter well in advance prior to closing.
Please ignore above requirement if financing contemplated for this transaction involves a lending
institution.
10. Statements of information from all parties to the transaction.
Western Resources Title Company
Order Number: 164537 (EF)
Page Number: 4
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if
applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference
a(n) Condominium known as 843 Camellia Place, Carlsbad, California.
2. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
3. Refinance Rate applies
The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
Western Resources Title Company
LEGAL DESCRIPTION
Order Number: 164537 (EF)
Page Number: 5
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO LOT 13 OF MAGNOLIA VILLAGE,
ACCORDING TO MAP THEREOF NO. 5313, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM ANY AND ALL RIGHTS TO OCCUPY AND USE SAID LAND.
PARCEL 2:
THE EXCLUSIVE RIGHT OF OCCUPANCY AND USE IN AND TO THAT CERTAIN PORTION OF
LOT 13 OF MAGNOLIA VILLAGE, ACCORDING TO MAP THEREOF NO. 5313, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 13; DISTANT THEREON
NORTH 61 ° 22' 00" EAST 84.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT
13; THENCE LEAVING SAID SOUTHERLY LINE NORTH 71 ° 01' 57" WEST 46.74 FEET;
THENCE NORTH 60° 49' 54" WEST 32.00 FEET; THENCE NORTH 58° 37' 43" WEST 27.80
FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 13 BEING ALSO THE ARC
OF A 44 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID
CURVE BEARS SOUTH 57° 22' 22" EAST TO SAID POINT; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE AND ALONG SAID NORTHWESTERLY LINE OF SAID LOT, 22.06
FEET THROUGH A CENTRAL ANGLE OF 28° 43' 22" TO AN ANGLE POINT IN THE
NORTHERLY LINE OF SAID LOT 13; THENCE ALONG THE NORTHERLY LINE THEREOF,
NORTH 87° 43' 04" EAST 97.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13;
THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 28° 39' 00: EAST 57.28 FEET TO
THE SOUTHEASTERLY CORNER OF SAID LOT 13; THENCE ALONG THE SOUTHERLY LINE
THEREOF SOUTH 61 ° 22' 00" WEST 40.00 FEET TO THE POINT OF BEGINNING.
APN: 204-210-32-02
Western Resources Title Company
EXHIBIT A
Order Number: 164537 (EF)
Page Number: 6
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (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 of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
Western Resources Title Company
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Order Number: 164537 (EF)
Page Number: 7
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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.
Western Resources Title Company
Order Number: 164537 (EF)
Page Number: 8
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 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 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or 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.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
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 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.
Western Resources Title Company
Order Number: 164537 (EF)
Page Number: 9
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or 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 ll(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.
Western Resources Title Company
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Western Resources Title
Privacy Policy Notice
At Western Resources Title we hold your personal information in the highest regard. This notice will explain what
information we collect, how we use it and how we protect it.
The types of personal information we collect from you may include the following depending on
which products and services we are providing:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files or from others.
Information we receive from a consumer reporting agency.
Information we receive from others involved in our transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We use this information for our own legitimate business purposes and not for the benefit of any non-affiliated
party. We will not share your information with nonaffiliated business parties except as needed to provide the
product or service you have requested
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
How does Western Resources Title protect your personal information?
To protect your personal information from unauthorized access and use, we restrict access to the information to
those employees who need to know the information in order to provide products and services to you. We
maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
Western Resources Title Company