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V 2018-0010; 540 CHESTNUT; Variance (V)
LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICA ll0NS APPLIED FOR: (CHECK BOXES) Development Pemrlts (FOR DEPT. USE ONLY) Leql•latlve Permits (FOR DEPT. USE ONLY) □ Coaatal Development Pennlt OMlnor □ Condltlonal uaa Pennlt OMinor D Extension □ Day Care (Large) □ Environmental Impact Anenment □ Habitat Management Pennlt OMinor D HIiiside Development Pennlt □Minor D Nonconfonnlng Construction Pennlt D Planned Development Pennlt D Minor D Residential D Non-Residential D Planning Commission Detennlnatlon D Reasonable Accommodation B Site Development Plan l&Minor 0 Spacial Use Pennlt D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) fi( Variance D Minor 90{'2,o\~ "ooZ-o \lto\'lv d)l o D General Plan Amendment D Local Coastal Program Amendment 0 Maater Plan 0 Specific Plan D Zone Change □Amendment □Amendment D Zona Code Amendment South Cy/sbad CPl§tll Review Am P,anlts 0 Review Pannlt D Administrative D Minor D Major Vllfaae Review AIU Permits D Review Pennlt D Administrative D Minor O Major NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL IIIUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOW1111ENT SPECIALIST AT (780) 102•2723 TO SCHEDULE AH APPOINTMENT. "8AME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 1AJ4--Cf1 ) -1 '3 -VO LOCATION OF PROJECT: '2-IO Cbt$frjy,fM. I Ca a,Jii a C&-: 92-00& BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. '1>t?V2,o{'1 -O{~ ft> P-1 (STREET ADDRESS) ESTIMATED COMPLETION DATE Lead Caae No. Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (If applicable): COMPANY NAME (If appllcable): MAILING ADDRESS: CITY, STATE, ZIP: ~~1.L...lly-J~~~li::....J~-±'--==:,__;,,:::- TELEPHONE: 5 EMAJLADDRESS: ,ivn~ (,Ae-w'\C· n-e:t 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 Af3 LEGAL OWNER THAT THE APPLICANT Af3 SET FOR REIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP IS APPLICATION. DATE APPLICANT'S REPRESENTATIVE (Print}: . 0 \) l 1,... APPLICANT NAME INDIVIDUAL NAME (If applcable): COMPANY NAME (If appllcable): {PLEASE PRINT) MAILING ADDRESS: .,,,A-.L..JL.L..1,;.,.1,-~~~----+~!-f-=.:...;.....:... CITY, STATE, ZIP: \.6,~w.&..,14,,11,.&.K.:.W....a..~,.,.., ..... ~~~ TELEPHONE: J(O O-] ½\\p 7Jft . EMAIL ADDRESS: tnrn,<:,, C\-e,-\ (\ C · Q&f-- 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. ____ _;;.,;~~__,;-=-=---1-"""""'~.:;...:;.i'""--..i.....a;.~-...-~..a.a.,---~ MAILING ADDRESS: l l 4' ( o ~-.(/II 06) CITY,STATE,ZIP: OlfA--t-5'lt0€ ~ TELEPHONE: ~o -9o& -8 ~ EMAILADDRESS: dt:<-t1<c@ o,'v,· I l~...-(~.,.../4:...s ► c.c,':::!:::::'"'\ I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATIO TRU ND CORRECT TO THE BEST OF MY KNOWLED 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. l,WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRJCTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND D ANY SUCCESSORS IN INTEREST. OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of8 SEP 2 5 2018 CITY u· Cl\RU:f-=l/\O PU\M-.J11'JG DIVISIQf\j DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 ____________ ,,.....,, ___________ _ " (cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannlna 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-parb'lershlp, 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 unil • 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 (NIA) 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 Thomas Gaeto / BG Consolidated LLC Title Owner Address 1441 Montiel Road, ste., Escondido CA 92026 Corp/Pa.._ _________ _ Title ____________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of & 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 (NIA) 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 Thomas Gaeto I BG Consolidated LLC Title Owner Address 1441 Montiel Rd., Ste. 115 Escondido CA 92026 Corp/Part. __________ _ Title ____________ _ Address. ___________ _ Page 1 of2 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. 11st 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 N/A Non Profit/Trust ·---------Title___________ Title ____________ _ Address ----------Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes I ✓ I No If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. I cert· the above information is true and correct est of my knowledge. er/date Thomas Gaeto Thomas Gaeto Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07/10 c·cicyof Carlsbad PROJECT DESCRIPTION P-1{8) PROJECT NAME: Chestnut Residence APPLICANT NAME: Thomas Gaeta Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: A variance and site development permit is required in order to build a single family home on an existing lot where current setbacks do not allow for one to be built. A two car garage is required for current zoning, and there is not enough space that allows for one to be constructed because of current setback requirements. The proposed development consists of one primary unit along with an accessory dwelling unit. -n~ \16$\ ev-. u. _\J)e__,~ ~i ~'{)S\--ed. IS \ 6 V'-e 0-0c..<L '~~\c)O--C~ \~~<\ \-~ S 1~ D ~ ·i ¼ ~ S \ ~\ CR A-o L\ ~ ~ . <:'V\ ~\do ..... l\,..Q_ a-.(\\ 0--~ \.-_ t c+ \t\°"s ~ ~-,..Q\'-t>a..1l~ 0-\ ,\5 ~~· t)(,s\,·~ se~\»c'c· 't•e ... tt>~~-V¾(..11, .. +s fs 6. ~("o~~o S-e.\ \c.C>-C.\c o..\o"'-1 \'\or\-'v\ rl('"'~ \i~ ,-s 0'2•~ P-1(8) Page 1 of 1 Revised 07/10 (cicyof Carlsoad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannln1 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. D The development project and any alternatives proposed In this application .!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Thomas Gaeto Address: 1441 Montiel Rd., Ste. 115 Escondido CA 92026 Phone Number: 760-7 46-4955 PROPERTY OWNER Name: BG CONSOLIDATED LLC Address: 1441 Montiel Rd., Ste. 115 Escondido CA 92026 Phone Number: 760-746-4955 Address of Site: 540 Chestnut Ave., Carlsbad CA 92008 Local Agency (City and County): Carlsbad / San Diego Assessor's book, page, and parcel number:._2_O_4_-_O_9_1_-_1 _3_-0_0 ___________ _ Specify list(s): _________________________ _ Regulatory Identification Number: ____________________ _ 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 of2 Relllsed 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 "fist," 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 dlredly 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. Deparbnent of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites 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-dlego.ea.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 Speclallst for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS'1 www.epa.gov/superfund/sites/cursites (800) 424-9348 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npVnpl. htm P-1(C} Page 2 of2 Revised 02/13 .. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): _______________________ _ General Information 1. Name of project: Chestnut Residence 2. Name of developer or project sponsor: _T_h_o_m_a_s_G_a_e_t_o __________ _ Address: 1441 Montiel Rd, Ste 115 City, State, Zip Code: Escondido, CA 92026 Phone Number: 760-7 46-4955 3. Name of person to be contacted concerning this project: _D_a_v_i_d_C_a_r_o_n ______ _ Address: 110 Copperwood Way, Suite P City, state, Zip Code: Oceanside, CA 92058 Phone Number: 760-908-87 45 4. Address of Project: 540 Chestnut Ave, Carlsbad, CA 92008 Assessor's Parcel Number: 204-091-13-00 5. 6. 7. 8. 9. --------------------- 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: Varience and Site Development through City of Carlsbad Planning RD-M Existing General Plan Land Use Designation: ______________ _ Existing zoning district: _R_D_-M ___________________ _ Existing land use(s): _R_D_-M ____________________ _ Proposed use of site (Project for which this form is filed): Single Family Residence with Accessory Dwelling Unit Project Description 10. Site size: _3_,_5_0_0_s_f _____________________ _ 11. 12: Proposed Building square footage: _3_,2_0_2_s_f ______________ _ Number of floors of construction: _2 _________________ _ 13. Amount of off-street parking provided: _2_C_a_r_g_a_r_a_g_e ___________ _ 14. Associated projects: ______________________ _ P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, Include the number of units and schedule of unit sizes: ________ _ One primary unit with an accessory dwelling unit 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading faclllties: __________________ _ 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: _______ _ 19. If the project involves a variance, oonditlonal use or rezoning applications, state this and indicate clearly why the application Is required: _________________ _ This project Involves a variance because setback reductions are required for required 2 car garage. P-1(O) Page3of4 Revised 07/10 Are the following Items appl/cable 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 □ [Z] alteration of ground contours. 21. Change In scenic views or vistas from existing resldentlal areas or public lands or □ [Z] roads. 22. Change in pattern, scale or character of general area of project. □ [Z] 23. Signif1Cant amounts of solid waste or litter. □ [Z] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ @ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ [2] 27. Site on filled land or on slope of 10 percent or more. □ @ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [2] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [l] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D [2] 31. Relationship to a larger project or series of projects. □ 121 Environmental Setting Attach sheets that Include a response to the following questions: 32. Describe the project site as It exists before the project, Including Information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-famlly, 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 tne 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 knowle and belief. For: LlG P-1(0} Page4of4 Revised 07/10 {cicyof 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 submlttal requirements (i.e., clarification regarding a specific requirement or whether all requirements are neC888ary for your partlcular applk:alkNI) PINN ca~-4810. Applicant Signature: ...;:~llllF-1■--~-------------- Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of1 Revised 07/10 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property. including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: • Subject property is a legal lot created at original subdivision, but only 25' ·· wide. Most other lots in the vicinity had been consolidated into larger lots, which have more useable site area once setbacks are applied. The standard setbacks on this 25' wide lot leave an almost unusable site for adequate room widths, garage, etc. 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: • The proposed residence with reduced setbacks will not be inconsistent with the use of the neighboring properties. • The adjacent lot, which also happens to be 25' wide, has a zero setback - at its garage, which is adjacent to the planned zero setback of the garage of subject property. 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: • The use of the property is single-family residential, which requires a two-car garage (side-by-side), which can only fit with reduced setback requirements. • The use of the property will also include an accessory unit, which is consistent with single family zones. 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: • The variance for reduced setbacks will allow for the construction of a standard two-car garage, which is a requirement for single-family homes, and allows for a more workable floorplan, by not being restrictively narrow if standard setbacks were applied. 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. • Subject property is not located within the coastal zone P-4 Page 4 of 4 Revised 03/17 Indemnification and Insurance Requirement for VIiiage Area Administrative Permit Certif,cation Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Cartsbad and Its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Cartsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guiden of "A-• or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business Is operated on the public sidewalk. This agreement Is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administratJve permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permlttee remains In compliance 4".J' subject approved permit. Signature ~ ~ Date: -6 \ B \ \ b Certification statement I Certify that I am the Legal Property Owner for the subject business location and that all of the above Information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved admlnlstratJve permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permlttee remains in compliance with the subject ; 11; proved permit. J\ )(). Signature _-...l---=-~J~\ ______________ _ ·-Date: __ t;_\ _~ _\ \ ___ b __ _ P-1 Page 3 of6 Revised 03/17 '•-'-·--------------------------------------~ C cicyof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST Development Services Planning Division 1635 Faraday Avenue P-30 RE IVED "2019 CITY OF CARLSBAD PLANNING DIVISIO (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d}, and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ...i1 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website . This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ...i1 If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ...i1 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ...i1 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 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 consi~tency 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 (MTC02e) 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 this checklist. Checklist Item (Check the 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 Qmsistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCCne/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. \/'viii 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 units • 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 MTCCne/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 Oimate 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 Se~-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 I City of Carlsbad Climate Action Plan Consistency Che~klist 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. Project No./Name: DEV 2017-0138; 540 Chestnut SFR Property Address/APN: 540 Chestnut Ave.· APN 204-091 -13 Applicant Name/Co.: Civil Landworks Corp. Applicant Address: 110 Copperwood Way, Suite P, Oceanside, CA 92058 Contact Phone: (760) 908-8745 Contact Email : dave@civillandworks.com Contact information of person completing this checklist (if different than above): Name: Paul J. Klukas Contact Phone: (760) 931-0780 xl04 Company name/address: Planning Systems Contact Email : pklukas@planningsystems.net 1530 Faraday Ave., Carlsbad, CA 92008 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): $ _______ _ Construction Type Complete Section(s) Notes: Ix] Residential /Xi New construction 2A, 3A and 4A □ Alterations: □ BPV ~ $60,000 1A All residential alterations □ BPV ~ $60,000 1Aand 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential □ New construction j 1 B, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV;:: $200,000 or additions;:: 1,000 18, 5 square feet □ BPV;:: $1 ,000,000 18, 28 and 5 Building alterations of;:: 75% existing gross floor area □ ;:: 2,000 sq. ft. new roof addition 28 and 5 1 B also applies if BPV;:: $200,000 Checklist Item Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL.Green) for more information when completing this section. A D Residential addition or alteration ;:: $60,000 building permit valuation. □ NIA ----------See Ord. CS-347, Section 8. □ Exception: Home energy score ~ 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ Attic insulation □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 Select one: □ Attic insulation □ Duct SealinQ □ Cool roof □ 1991 and later Select one: □ Lighting package □ Water heating package B. D Nonresidential* new construction or alterations;:: $200,000 building permit valuation, or additions ;:: 1,000 square feet. □ NIA _________ _ See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. /l5.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA /l5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ NIA /l5.203.1 .2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget D NIA /l5.211.1 . ** □ On-site renewable energy □ NIA /l5.211 .3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) □ NIA /l5.212.1 □ Elevators and escalators □ NIA /l5.213.1 □ Steel framing □ NIA P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist * Includes hotels/motels and high-rise residential buildings ** For alterations.: $1 ,000,000 BPVand 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 Systems A. Ix] Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Car1sbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated k\J\klc* sheets if necessary) Note: Building permit 2,829 1 2.768 submittal will take place prior to 1/1/20. Total System Size: k\J\klc = (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 D D D D k\J\klc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Car1sbad 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.:: 10,000s.f. calculate: 15 kWdc x (GFN10,000) ** ___ 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 3. Water Heating A Qg 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: B. 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 Vehicle Charging A. IX] Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: IX One EVSE ready parking space requ ired □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSESpaces Proposed Capable I Ready I 2 1 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 1 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *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 electrical 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. B. 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 Pari<ing Spaces provided Number of required fV Spaces Number of required fVSE 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 5. D Transportation Demand Management (TDM) 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 vehicle traffic to vehicle LOS-€xempt 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 D No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 04/19 C_cityof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved . Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ...1111 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances . ...1111 If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. ...1111 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ...1111 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 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 this checklist. Checklist Item (Check the 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 DemonstraOnq Qmsistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC◊.!e/year for new development projects to assist in detem1ining consistency with the CAP. The types and sizes of typical projects listed below have been detem1ined to correspond to the CAP screening threshold. WII 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 units • 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 detem1ine whether it is below the 900 MTC◊.!e/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 AcOon 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 Se~-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. Project No./Name: DEV 2017-0138; 540 Chestnut SFR Property Address/APN: 540 Chestnut Ave.; APN 204-091-13 Applicant Name/Co.: Civil Landworks Corp. Applicant Address: 110 Copperwood Way, Suite P, Oceanside, CA 92058 Contact Phone: (760) 908-8745 Contact Email: dave@civillandworks.com Contact information of person completing this checklist (if different than above): Name: Paul J. Klukas Contact Phone: (760) 931-0780 x104 Company name/address: Planning Systems Contact Email: pklukas@planningsystems.net 1530 Faraday Ave., Carlsbad, CA 92008 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): $ _______ _ Construction Type Complete Sectlon(s) Notes: Ix] Residential /Xi New construction 2A, 3A and 4A □ Alterations: □ BPV 2: $60,000 1A All residential alterations □ BPV 2: $60,000 1Aand 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ 8PV 2: $200,000 1Aand 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential □ New construction I 18, 28, 38, 48 and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 1,000 1B, 5 square feet □ BPV ~ $1 ,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the appropriate boxes, explan all m applicable and exception items, Cl1d provide supporting calculations Cl1d documentalion as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL.Green) for more information when completing this section. A D Residential addition or alteration ~ $60,000 building pennit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later □ NIA. _________ _ □ Exception: Home energy score~ 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing D Cool roof Select one: □ Lighting package □ Water heating package B. D Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feel □ NIA. _________ _ See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1 .1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ NIA A5.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ NIA A5.211 .1 .** □ On-site renewable energy □ NIA A5.211 .3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) □ NIA A5.212.1 □ Elevators and escalators □ NIA A5.213.1 □ Steel framing □ NIA P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise 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 Systems A. Ix! Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 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 kV\k:lc* sheets if necessary) Note: Building permit 2,829 1 2.768 submittal will take place prior to 1/1/20. Total System Size: kV\k:lc = (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 □ □ □ □ kV\k:lc B. D Nonresidential new construction or alterations =?$1,000,000 BPV and affecting =?75% existing floor area, or addition that increases roof area by =?2,000 square feel 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: ______ _ Min. System Size: ___ kWdc □If< 10,000s.f. Enter: 5 kWdc □ If 2: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **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 3. Water Heating A 129 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 Kl 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: B. 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 Vehicle Charging A. IX] Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: ~ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSESoaces Proposed Capable Ready 2 1 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 Total 1 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-fami~ dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical 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. B 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 5. D Transportation Demand Management (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 IDM 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 IDM 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. IDM plan required: Yes D No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 04/19 J ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Enpneerlna 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 (subdMslon, 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 PROJECr (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: Chestnut Residence PROJECT ID: ADDRESS: 540 Chestnut Ave, Carlsbad, CA, 92008 APN: 204-091-13-00 The project is (check one): ~ New Development 0 Redevelopment The total proposed disturbed area Is: 3,500 ft2 ( 0.08 ) acres The total proposed newly created and/or replaced impervious area is: 1,926 ft2 ( 0.04 ) 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 I of4 REV02/16 J STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development projecr, please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ IX! 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 ycu 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 sldewalks, blc:,-cle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodlble permeable areas; □ IX! b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets auidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed end constructed in □ 181 accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~ If you answered "yea" to one or more of the above questions, provide discussion/justifteation below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... • and complete applicant infonnation. 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 exemot from PDP ao to Steo 3. E-34 Page 2 of 4 REV04/17 ' ' ' 1 STl:P3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS • • • ' • ,• , \ ~~. • • .., . • ' • • ' • I • , .' • •.~ -'., • • '. • • ., • ' 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, and oub/lc develotJmsnt ,:,roiects on tJub/lc 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 more of Impervious surface? This includes commercial, Industrial, residential, mixed-use, and public deve/ooment orolects 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 refreshment stands selllng 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 development prolect includes development on anv natural slooe that is twentv-flve oercent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or mo~ of impervious surface collectively over the entire project site and supports a parking lot? A parking lot Is 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 street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the[ trans/JOltatlon of automobiles trucks motorcvcles. 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 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an Isolated flow from the project to the ESA (i.e. not commingled with flows from adiacent 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 shop is a facility that is categorized in any one of the following standard Industrial Classification (SIC) codes: 5013. 5014. 5541. 7532-7534 or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square I feet or more of impervious area that supports a retell gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (aJ 5,000 squ8f'8 feet or more or (b) a project Average Daily Traffic (ADn of 100 or more vehicles oer day. □ □ □ □ □ □ □ □ □ 10. Is your project a new or redevelopment project that results In the disturbance of one or more acres of land 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 21.203.040) □ ~ 181 181 181 181 181 181 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 81:ep 5, check the first box stating "My project is a PDP ... • and complete applicant information. 1 If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "Mv Droiect is a 'STANDARD PROJECr ... • and comDlete aDDlicant Information. E-34 Page 3of4 REV04117 4 • ' • 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)): Does the redevelopment project result In the creation or replacement of Impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent Impervious calculation below: Existing impervious area (A)= ___________ sq. ft. Total proposed newly created or replaced impervious area (B) = __________ sq. ft. Percent Impervious area created or replaced (B/A)*100 = ____ % YES NO □ □ If you answered •yes•, the structural BMPs required for PDP apply only to the creation or replacemen, 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 statin • r; ·ect is a PDP ... • and com lete a icant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ~ My project Is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT stormwater requirements apply. 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 Title: Me rv../Jll'V Date: ~ ~ /~ -Jb * Environmentally Senalllve Anlas include but are not llmfted to au Clean Water Act. Section 303(d) Impaired water bodies; areas designated u Area of Special Blologlcal Significance by the State Water Resources Cortroi Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated wtth the RARE beneflcial 1.e by the State Water ReaOIXCeS Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as ~ or their eql.Mllent under the Multi Species Conservation Program YAlhln the Cities and Col.nty of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been Identified by the City. Th fi c· U On/ Is Box or 1ty S8 ry YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4of 4 REV04/17 C cicyof Carlsbad Project Name: Chestnut Residence Project ID: DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project lnfonnation Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue e6o) 602-2750 www.carlsbadca.gov I All development projects must implement source control BMPs SC-1 through SC-6 where applicable Jnd feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) fbr information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 Iii Yes □ No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage Iii Yes □ No □ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □ Yes □ No Iii N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Reauirement (continued) Annlled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes D No lil N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal D Yes D No lil N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for Quidance). lil On-site storm drain inlets Ii] Yes D No 0 N/A D Interior floor drains and elevator shaft sump pumps D Yes □No lil N/A D Interior parking garages D Yes □No lil N/A □ Need for future indoor & structural pest control D Yes 1 0 No lil N/A Ii] Landscape/Outdoor Pesticide Use lil Yes D No 0 N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes D No lil N/A D Food service □Yes D No lil N/A D Refuse areas □Yes D No lil N/A D Industrial processes □Yes D No lil N/A D Outdoor storage of equipment or materials □Yes D No lil N/A □ Vehicle and Equipment Cleaning □Yes D No lil N/A D Vehicle/Equipment Repair and Maintenance □Yes D No lil N/A D Fuel Dispensing Areas □Yes 0 No lil N/A D Loading Docks □Yes 0 No lil N/A □ Fire Sprinkler Test Water □Yes D No lil N/A D Miscellaneous Drain or Wash Water □Yes □No lil NIA □ Plazas, sidewalks, and oarkina lots □Yes 0 No Iii N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. I E-36 Page 2 of 4 Revised 09/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I Iii Yes I D No ID NIA Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I Iii Yes I Iii No ID N/A Discussion/justification if SD-2 not implemented: The whole site will be disturbed I SD-3 Minimize Impervious Area I Iii Yes I D No ID N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I Iii Yes I □No ID N/A Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I Iii Yes j I D No ID N/A Discussion/justification if SD-5 not implemented: I E-36 Page 3 of 4 Revised 09/16 Site Design Reauirement (continued) I Aoolled? SD-6 Runoff Collection I Iii Yes I □No ID N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species I Iii Yes I D No ID N/A Discussion/justification if SD-7 not implemented: SD-8 Harvesting and Using Precipitation I □Yes I D No I Iii N/A Discussion/justification if SD-8 not implemented: I E-36 Page4 of 4 Revised 09/16 CLW Job No. 1263D Civil andworks Photo Study for 540 Chestnut Ave APN: 204-091-13 Carlsbad, CA 92008 Prepared By: Civil Landworks, Corp. 110 Copperwood Way, Suite P Oceanside, California 92058 I I September 18, 2018 I ~ f ll 11 "' ==================~~~~~_g_::? 1 _/ I I 42 3: 3: NS ws "> -ws -:-Iver I r1 i s 1 s ROOSEVELT ST -=ffi -lglT 11 -I w -GAS-GAS-~S-GAS-GAS-ti'" _Gf~1 ~ / ~§-I-:: ~ I ------_L,, I\. ~ ~ I I -- ------- --- /y £--------- ------- "" "" "" "" "" "" "" '-----'----- ,,,::::: -.J Oo 1{13 If ~i~J l r~~ I lj /j 1 f 1 1 J ) ® ~/~ -\ I I I f I 1 8 "----- II l,n 3:3: ~I I II ! w ~I I ~ l:: ~ 11 81 ~ ~l ~I ~ ~ Im ~~ 11, I U1 I <l'. 0 11 ~1 \B =======~=====✓~zc:::S~~' ~ ~: : ~ "" '-----·-- --./ i YLER S1£~~ w Q> ~ cf~s ~ N ~ ~..fv. ~~~ PROJECT~ LOCATION VICINITY MAP NO SCALE LEGEND ©---PHOTO LOCATION AND DIRECTION 30 0 30 GRAPHIC SCALE SCALE: 1" = 30' 60 SIT E PHOTO STUDY MO CHESTNUT AVE ~.CA El { } I I I 'I . I / . • \, \ I \ I \ BG Consolidated LLC 1441 Monitel Rd.#115 Escondido, CA 92026 Attention: Corina Rodriguez California Title Company 2365 Northside Drive, #250 San Diego, CA 92108 619-516-5227 PRELIMINARY REPORT Your no.: Order No. 400-1951238-37 Property address: Chestnut A venue, Carlsbad, CA 92008 Order no.: Listing 400-1951238-37 Dated: May 17, 2018 In response to the above referenced application for a policy of title insurance, California 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 referred to as an Exception below or not ex.eluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount oflnsurance 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 CLT A and ALT A Homeowner' s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the policy fonns 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 B of this report carefully. The exceptions and exclusiooa are meant to provide you with notice of matten, which are not covered under the terms of the title insurance policy and should be careftllly considered. It is important to note that this preliminary report is not a written representation as 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. Dated as of May 7, 2018 at 7:30 AM Page 1 Chuck Bishop, Title Officer Ph: 619-516-5227 Email: titleSD@caititle.com The form of policy of title Insurance contemplated by this report is: See attached disclosure. Schedule "A" '"'"" ._,, The estate or interest in the land hereinafter described or referred to covered by this report is: AFee Title to said estate or interest at the date hereof is vested In: BG Consolidated, LLC, a California Limited Liability Company Order No. 400--1951238-37 The land referred to in this report is situated in the County of San Diego, State of California, and is described u follows: Lot 32 of Block 30 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the Office of the RecorderofSanDiego County, February 15, 1894. Assessor's Parcel Numbers(s): 204-091-13-00 Page2 Order No. 400-1951238-37 Schedule "B" At the date hereof exceptions to coverage in addition to the printed exceptions and exclusio111 contained in said policy form would be as follows: 1 General and Special taxes for the fiscal year 2018-2019, including any assessments collected with taxes. A lien not yet payable. First installment due and payable November I, 2018, delinquent if not paid by 12/10/18 Second installment due and payable February 1, 2019, delinquent if not paid by 4/10/19 2 General and Special taxes for the fiscal year 2017-2018, including any assessments collected with current taxes. Total amount $203.94 1st installment $101.97, paid Penalty $10.19 (after 12/11/2017) 2nd installment $101.97, paid Penalty $20.19 (after 04/10/2018) Code area 09000 -City of Carlsbad Parcel No. 204-091-13-00 Exemption $none NOTE: Taxes above mentioned have all been paid and are reported for proration purposes only. 3 Supplemental taxes including special assessments and/or personal property taxes if any, for the fiscal year 2017-2018. 1st installment: $1,761.43 paid 2nd installment: $1,761.43 paid Bill No.: Not Shown Supplemental No.: 879-322-90-97 4 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq ofthe revenue and taxation code of the state of Califurnia 5 Provisions of the dedication statement on map of Tract: Amended Map ofToWD:Qf -Carlsbad Map No.775 Which recite: 5.00 feet is reserved on all exterior lines 6 "NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact your title officer immediately for further review". 7 The requirement that we be provided: (l) A copy of the filed articles of organization of BG Consolidated, LLC, a California Limited Liability Company, a limited liability company. (2) A current list of the names of said limited liability company members. (3) A copy of said limited liability company's operating agreement, with a verified certificate that the operating agreement is a 1rue and correct copy of the agreement now in effect. 8 Rights of parties in possession of said land by reason of unrecorded leases, if any. Please forward said leases for our examination. Page3 Order No. 400-1951238-37 9 Applicant has requested California Title Company (The Company) to issue a preliminary report of the property described herein. Applicant is aware that Title Insurance may be available for the contemplated transaction, but may not request the company to issue or cause to be issued a policy therein. Applicant agrees that this report is issued for the exclusive use of applicant and that said preliminary report is issued pursuant to section 12340.1 I of the insurance code of the State of California. By acceptance of this report, applicant understands and agrees that said report is not an abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applicable to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the condition of the title to real property, but shall contribute a statement tenns and conditions upon which the issuer is willing to issue a title policy, if requested to do so. 10 Any facts, rights, interest or claims which may be shown by an inspection of the land or which may be disclosed by inquiry of persons in possession of said land. 11 Matters which may be disclosed by inspection and/or survey of said land or by inquiry of parties in possession thereof. We will inform you as to whether CL.T.A. endorsement 100 can be included in the policy when our inspection of the land or other investigation has been completed. End of Schedule B Page4 Order No. 400-1951238~37 "NOTES AND REQUIREMENTS SECTION" CALIFORNIA TITLE COMPANY NOTENO.1 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE This is to give you notice that Orange Coast Title Company is a shareholder in California Title Company and Orange Coast Title Company owns an interest in Real Advantage Title Insurance Company. This underwriter may be chosen by California Title Company and this referral may provide Orange Coast Title Company a financial or other benefit. You are NOT required to use the listed provider as a condition for settlement of your loan or purchase, sale or refinance of the subject property and you have the opportunity to select any of the California Title Company title insurance underwriters for your transaction, THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES Notes section c.ontinued on next page ... Page5 Order No. 400-1951238-37 NOTEN0.2 California Revenue and Taxation Code Section 18662, effective Janwuy I, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. NOTE NO. 3 PAYOFF INFORMATION: Note: this company does require current beneficiary demands prior to closing. If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows: A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. The amount of this hold will be over and above the verbal hold the lender may have stipulated. B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended demand, at the discretion of the escrow. C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of the servicing agreement prior to close. NOTEN0.4 If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that fimds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt F1D1ds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow. Page6 Order No. 400-1951238-37 Attention Please note that this prclimimuy report now has an extra copy of the legal description on a separate sheet of paper. There are no markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. That legal description page immediately follows this page. Thank you for your support of California Title Company. We hope that this makes your job a little easier. Page7 ,,.. -r Order No. 400-1951238-37 Exhibit "A" Lot 32 ofBloclc 30 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the Office of the Recorder of San Diego County, February 15, 1894. Pages .... Order No. 400-1951238--37 CL TA Preliminary Report Form -Exhibit B (06-03-11) CLTA SIANDARD COVERAGE POLICV-1990 EXCLUSIONS FROM COVERAGE ThelbllowiQa-.,._...iyadudodhmtho~oflhilJJ!!licyllldtho~wiD notpoyloaordamll'l.m"'"-atar_.tr..o~whimlliNby,_,of I. (I!)~ law Dl1mlDC8 or~~ (iac:ludina bu1 not li..u.d 1o buildiuio1 ...._.;a, lal"I,. ......_, or ,e~)_nollril:lq. · ptobillilblaor nilliDa (il tho._, -OI ~ of tho lanil; fa') the ~, dimomiDno or lacllionof my -DOW o,honafter erecled oo Ibo 11n11; {ili) a _.iian in ~or a 91,iiip m 1he · ns or -ortlie 1111d or 11!7pmelof-wllici11111111d is or -•part;o, (",v)~~ort!>oel'feciof~ vioilllonof-1.-,ordnnceo ~ .........,_ ~totho-tbota 110U11<1 afdio .,.,,._1blnorora1111Cicoofadelllce,lilll,« -bnnce~&omaviDlllilmor_olllplviolalioaa&i:t~thollndhasbomreoordodintho ,_.atDateofl'bliey. b)A!fYSo...,,,,-.ipo=·co _.no10ICludocl!!J'.(~~"""""1o1he-1hoc ODOlice ofdlO-...lhc<oolor IIOlicoota ~ lion or oncumlxinco ~-· mluion DI YiDlalion ~ !ho ba boeii r-,dod in lllo .... n1a 111:DDot'l'llliey. r. ~~.,:"j.~ of~ =-"t~ :=;.:--,r~--"' in !ho publio-•DateofPolioy, bu1 not~ Imm cawnp any · wblch ha DCC1llllld prior1o Daoof Polic;y wbicb would 3. Dollocli, Jiom, ~ acl-. daimo ..-ot1.-= wbetlicr or -romnlod in tho J!Ul,lic ,ecoRI, It Dote of Policy, lu cnotod, IUIFered, mumed or ...,.i ID by tho --.cl cl...-; (bl mt""""" lo tbo Co!'I'"!')', -n,co,ded in tho~ ,-ill at DD ofPl,lic;y, bui to tho imund -anil nae discloood in writina 1o tho C~ Ii)! Ibo inounclc~ ,.._1a Ibo mte die illll.fld cloimanl liocamo •-t~,~ =moo 1oa:tv.:io~=•=s,1...~. orCNIIOCI~ m Dlteof Policy;or(e) l'llllltmsmlouordunop...iua.-DOtlaw -,-.inoclifdJo ........ oJomaat 4,. i..-~ ~t, :'!i!:-;'i:tT-9..::r"° oft!.~ or~ of tho imunid ,CD.., of Policy, or tho inability or &ilureof any,...,__....., of tho mdobledaon, 1o ....,.,iy with thupplicablo ~-Invalidity er~ oCtbo lion ofdieimand llllllfpp, or c:loim theroo( vd,ioh.;.. out oftho-.iioa OYida:od l,y tho inlAnd 111011.P8" and is baood q1011 IIIIIIY or my IXIIIIIIIII« cndit pn,hmDa mtnllh mi.dingfaw. 6. Ju,y ...,,,_ whicb-o .. oftbe -.in v...,.in Ibo mand lho -ofinl .... inand by this policy ortholnmKtion crcoliqtbo io-. oftho inmd loridor, b,. IIIIOlloftbo oplnlion of&donl bankruptcy, state imo1-oy or limilal c:radi1Drs' ,.i,to lawl. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policydoesDDC....., qainlll loaordmiap (and tho C°""'1 willllOt J!'IY' -.-.. l'eos GI ..,...I) wbicba,i,e by-of J. r-or-'Mlicb.111 oot lbown • ll!!lltioa liml bj the l'OOO<IIII of ll!Y tullli autbiJrity Ila 1"Yie1 -or...,_. on Nlal property or by tbopoblic .-n1,,. Pmceedinp by a public ap,cy wbic:h may .... 1111 m ta11or _,,,.., or DD11c11ol1Uc:h plllCIOOdlaa.-Mllllba' oroot mown by Ille l'OOOidlof..., ,::~tho pul,lic .....-do. 2. ~ &di, rialu. ~ oroloinalMlich.-olllll__,),yd,epul,Jiol'OCXlim'boilwbich couldbo byan ~ oftholandorMich meybo_by.,.._inpo....,.. tbon,o£ 3. J!aomonts, limoor encumix-Olclmm-t; whicb .-o 001 lhl,.., by tho (llli!lic rocmm. .C. ~ collllie:I • ~liw,lhottopm.., .......chmentl,o, any otl.-whlcb a comet~ would diHlooo. 111d which.-. DOI lllown bv thopubb: """"111. S. C,!l,,~,_:ri1111 dai1111; (b).........,.,.0,-.pticmainp-..-in Adsaudiorizqtbo ........,thoroof: (•)-righa, olaimo ortit!Dto_., wbetlior oroottbo w .-pied undor (a), (b) or (o) a,e lbo...s ~ Any lion DC ript ID • JOO lbr --. -orlDlhlrial oot shov,n by tho public....,. CLTA/ALTA HOMEOWNER'S POLICY OJI TITLE INSURANCE (02/03/10) EXCLUSIONS In addition tothol!acept:ODI mSdloduleB, You are not moindogoilllt loss, -~ &a, andoxpen,-reou.lllnaliom: I. ClcMnumDlpoticepow,,r,mdtho.....:eorviolllioaoflllooeponionlohny lawo,..,_ roplllicm cmcoming: abwcliQa. b. ,...., c.land11111 cl. impo-oa lhlLllld, o.lmcl diwion; and.! ~Jl"lloelion. Tbio-n -111111imittlie co-.go ci.ribedin Cownodltm I.a., 14, 15, 16, 11, 19, 20, 23or27. 2. 'lbonilu,eolYour.....,.-,.. or mypartoftblm, io bo-.dinacoonlmcowithapplicol,lo buildins codoo. Thill Exoluoioo..,osootlilllicthe..-..,.....-ibod io CoYsodllilt 14« 15. 3. The qiltt!O tuothe Land bycondo!IIIIDII ii. nil Bxdmion does 11111 limil the cownp dooclibod in COVll'ld Ria 17. 4. J1i1b: a dill ll'O a,-..d, allowecl, OI fll'OOd to by Yo,,, wbolbor OI DOI they rooonlod _, 1bo ~ a-do; b. Iha an, Known ID YOII Ill Ibo Folley Due. lu nat IO Us, imiea lbey oro .-nled in the Plmlic X-rds at die Policy Da; •· lhlrrooult in no loss 1a You; or cl. • -DCC11r -Ibo Polic;y Dolt • 1h11 -oot 6mil Ibo mwnae described io CownodRiol:. 7. 8.r, 25, 26, 27, or 21. S. Fail11111 to JIii' value i>r Yow Till& 6. La of a rlpl: a. to my 1111d ollllidetho oroa ipccifioolly daeribal ad n&m,c! IQ in parll8'aph 3 of SdJodalo A; ad h. in ..-, alloys, ., -_,, 111111ouch the Land. lbil Bxdmion dl>ol not limit the .._c1oomw .. eovnc1:aia 11..-21. 7. Tbetr-a.-ofthenlolDYoaisinvaliclua ••f•11ma11,-rororaa&uloMott11111feror llllderlildonll -• lawl. C--..Rill<H: c;......,.Rlokll: C-..Rlok19r Ccmradllid,21: YawPedocaide A,pppgt PYt Mgimom Dollat Limit oft.jahill)' 1%el......,,"'-8.._m~AwS:1,581(wlrlclrnwlllm1) S10,000 1%ofl'dcyA--IIIS-.AwS5,080(~1rlea) S25,IIOO 1 % _, .. ..,. ~-ir,Smo,brle A orSS,OOO(wllld,_.II Im) S 25,IID l 'll,ll'....,.-.,t ..... laSdlodlllilAorl2,500(-lllon) S5,l80 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-Ul7) EXCLUSIONS r=.::r~~~:!ir'.:~-===-i.:.:--coll1,-=-=~-:r.:•i:1t-!::f ' onlinancolondaloolawaad . Ill ' : *laaduo •· oothe land * lmd dMslon • C-i pn,ledion This ...,_,n t. DOI ~11iolatiom ortho cnti,.....-orri.: matt~ ,ppoor in tho poblie ....,n1, "':l!:l:,.~oxdusion -~ 7.0llina mvs .. -bed io-12.md 13 oCCo-Tulaltilb. 2. The riaht ID tabtl:e llnd by~ i~ ..,_, •a lllllice of-cmna tho rigbt appeo,, io tbt publio noconll *on the Policy Dole *ti» hiking happoned prior IO die Polley Dale and i1 bindinJ on l'll1I if you booaht the land wi6,,rt~ oftbttuim 3. Trtle.Riao: *that a., aelll:Od. .no....i. 01..,...ilD by-"that a,e known to JO'!, •-ID ae. on the Policy llw--unleas they app<aecl in the public i:ec:ords *that .......it in oo lou IO you *thatfirat affect yo<rlide-lho P'l!lioy DD -this doesm,t limil Ibo laix>r rmd mrrteiw lion COYOl'l8" io !tom I of t'<l--i Tr& Ride, 4. Failuri 1a pay wiDO lw)'D111'titlo. 5. Ladt of a rlpl: *lo my land modo lho aroa,rpocifioally doocri>od and n6mid ID m ltem3 o!Scbodule A OR 'in 111mm, alloyl, or Wll.,..,,. thattoucb :,,oir bmd. This eorduoi>D-DOI limit th•--in !JomSofCo-.dTillellilb. 2006 ALTA LOAN POLICY (06-17-86) EXCLUSIONS FROM COVERAGE Tho lbJ.lowma-n apnul.y oxdadod 1nm tho COYOnlPOfthis policy, and the Cmq,anywiD ootpay lo11or ..._. ....._ alDmoyl' toes or_. -which ariao by n,uon of 1. (a) Azry law, ordiume or~ ....,i.tioo (mchrdina tliolen,latir>gto buildina and .IIXliaa)-..,, reaulatin& pcobibiti,w or rol11DD11 to (i) tho-• UIO, or oqjoyma,t of tho land; (ii) Ibo cbncter, dinrmoicinlorloCllloftoCany ~---=tod on the Laid; (iii) die sulxli."""°n ofland; or["" onvilaomentolJx<)tlelioa; Dltheoll'ect of my viola1iool oftbo,elaM, ordinancnor ~ ,....._ This E,cdusion l(a) does not~"" limit tho.._ pmviclod llllllor C..-1111 Rilic 5. 2. llipl,r of eminoat domain. 11ii, B,a,lmioa doeo not m,dify or limit tlro-pmvidod IDlor C..-1111 Risk 7 or I. 3.Do&,m,~........._..,-.Ocloimrlorochor.-t .. :(a)cn,otecl.oufflnd.-•r..,...i111bytholnllUNldClllimaot;(b)aotknowo101heC<nq,my.DDln,a,rdodirltbopublicn,cords•DDofP,olicy, lu Imo-10 the Insarod Claimant and IIOt litclooecl in wrD11101bo C-,, by Ibo lnMod Claimml prior ID 11,o dolotbo Ina.od Claimml bocame an Insured urrdor this policy; (c) rmultina • oo lou or mJIJll■ lo 1ho Jmund ~ (cl) alblChiujiocc:n_.,.._.1aU..ofPl>lloy(howewr, tbia does not modify orlilllilrllo .......,pro-.iclod und« C-dRisl II, 13 or l♦)lor(e) resullingio .,_ordarmp tb&t""""1doot ha.e boon SUSllined iftha l'lllurod Claimant hid paid wluo Irr Ibo Imnnd Mmla,p. 4. Unmi>n:cobilily o£tbo lioo of tbe In■umc!Mmtpp bocauso oftbe ioability 01 &iluni of ao lmurod lo coq,ly with 1pplieabla cloma-,1,usioess laws of Ibo lllate in wltidl the I.and is ■ituled. 5. IDwlidity or -mabi.lny in ..ix.i.or in port oftbo 11s ofthe lmun,d Morll!l801hll &riooo o,,t oftbo-ooidoncod l,y thowund Mortj,p ond is bued ui-uau,y o, my C<llUUlllm" cn,dit pn,toi:tion or tnab • Jondina law. 6, Azry claim, by lllUOlloftlla _...,or-.i bMllcruptoy, sllle illlol_, ar llimila-Cledilorl' riahll iaM. dilll lbotn1111adion CIUling tbo licn of die l'murodMortpp. ii (a), llaudulat ..,.._ or hadulont tnl>l&r, or(b) apql,nmlialtraaoferi>rmy rooaoo-~ in eo-.c!Risk U(b)oftlrio policy. 7. Any lien oo tbe Title fi>r tlll --er .,__II bq,oud by aoVOIIIIDlllllll llllharily and Cl'Oll;cd or attadwli botwm, Date of Policy and tho dlll:o of,emrciq oftbe llllured Mor1pp in the Publil, a...m!s. This Elmlulion does not~ or lioilt tbe co-. pn,wlod under C..-1111 Risk l l(b): EXCEPTIONS FROM COVERAGE Thillpolioydooonotinan ,gaimtloa .,....._ (IDdtbo~ willDOt ~-1t1omoya' &mor-) tlaari• by .....,.of l.(a) Tou or_,_ that a,ellOI......., • exislina li.,, by Ibo neormof aD)' llxioa IIOOrily thli levioo-• -oo Nlal property or by tbe l'llblic Records; (b) pn,coodiDp by a public -that may .... in -or-., Olooli<:m of ndi pn,ceodlna■• 1MIOlbor OIDOt lllowo by tho noconll ofllUCb ,pocy or by tho Public Rocord&. 2./t.ily facts, ripfs, iacen,a or c:lai1111 wllich n llOl sbo"MI bytbo Pubtic-ords bu1 tbat could be -by•~ oftbo Land or that m&y be asserted by pcnom in po-., ofdrc Land. 3_-. 6eno or a.mob.a..., or CWJ111 thereo(-...,,_,, by tbo Public Records. 4./t.ily IIIICIOICbmmr, ~ mlalion, ..,;atioo, or ldvora oircumlllmcerd!loc:mg die Title that would b■ dioololed by., -end complote land 1111VOY nftbe 1"""' lllll DOI mwo by tin, Publicll=>!:ds. S.(1) Urpehllledmillinl clain;(b) ~orllllOllptiom in,-t,ar•~ llltborizurathoi1111111U thoroof; (c) watornahls. daim■ortillo1a -• 'IMIOthororrrottbolllllforl m:aptedundor(a), (b)or(e) art ......, by"" Public !lm,nll. 6. A,ry lion orriahttD a limlbr1......,. laboror l!lllcrial DOI llrawn by Ibo pu&licnicorcls. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The lbllowing _,.,. ,re ~ly ma:ludod liam tho.,..,... ofdlis policy. and Ibo Co-will not pay Ina oc dnoc•. ODIi&. _ _. 11,es, or_,. .. that uiso by,_,, of Page9 ~ ,._,,,I Order No. 400-1951238-37 I. (I) NI// law, an:lilllnce, permit. or.,..._...,.._, (includina lholo rolania to baildina and """"II) reotriclloa, niauJaiall. pllllubilq, or relq to: (i) Ibo ac_, -or ~ofthe Load;[■") lhe __., dimenaiom, or~ of my improwmont encllda, 11,o Laid; (ii) Ibo uxlivislaa of Jond; or (IV) mvimml-i pn,Cecliaa; or1be oll'ecl ar..,. violmon of._ laM, aninmcas, or __.w ,...illicn,s. Thi, l!xclusion J(a) don not mo<il), or limit lho ~ pnlllidod...,.. Cown,dRillr: 5. (b) NI'/..,-police pow. Thiol!xduoioa l(b) dnm 11111 modify or limil t11e ..._pn,vidod IIDdcr Cownod Riske. l. Riabts ar ...... domain. 'Ihitfuldusion don not IIIOdil), Ill' limittbo cownppnmdod under Covond ltilk 7 or II. J, Delllcll, -., •~• • ..i.... cwms, or Olhor-.n: (I) c:nmd, lllfJlnd.-....i. or aa,'IOI! to bylhe hmnd Claimaot, (h) IIOll!Cno'Ml to the eon.,.,,,. not .-.docl in ti. Public llooolds at Dato ol Pl>licy, bul Known ID the 1manicl Claimant 111d not lilclosecl in writins to die eo...., by ti. 1'natnid Clai-p:ior to tho cllhl tho lnaunod Claimant became m lisunod ...ior Ibis polioy,(c) ~ in no ms or domop to1be:r-...d Cl...-; (i) llltmiaa or er-.! ..i-i-10 Dato ofPalicy ~.this•-modi(!, or limit lho ..,_ po..W ,mdor Co--1 Rill< 9 and 10); or (e) J-11i11a in !Ms or ._ t1111 ......id not haw l,em lllllainod if the-Claimant 1-1 PD! valuo l)rll,e Tnl& 4. lmy claim, by,_, ofd» Dponliaa offticlenl bonlauptcy, -imolwncy, or limiJar c:rodito11' ,W,U ....., 1hot the 11--=tian WllqJ dte Title u shown in ~• A. ii (1) a huduhmt conwym or lhudultlll trusk; or (b) a~ 1nlllfer Ix any r-.,n 11111-ed .in CIMndllilk 9 of this policy. 5. lmy !MIi Gil the Tdlo lbr ...i --or-iap,oed by s,o-.1 IUlbority ml creed or lltlchlne bot-, Date ofPl>licy ond the dote of....urdilw of the dood or other inltnma,t nftnosrer in tho Public loc:otdo that WIii Tide a sbo"" i, Sobodllle A. Ti. &bow polioy lbrm may be iaued to lfllrd eithor StandoJd eo .. _ or Extended Cownao. In oddition to tbt IIIKM Ela:lmimm i,,m 0.-IIP, tbe &,,optiom :&:um Cow,rqe in a Stmdard c......., po!ic,,' will wo includo the l>Dowin&B,,ception■ Jhm, Cu--.,: EXCEPTIONS FROM COVERAGE Tllil polioy -11111 imuie.,.,,. loa or.._ (and lho Coq,any will not~ OOIII, IIIDmeyl' fNI or_,,.)• an• by --,n of. I. (I) r-or-. tllll nllOI tbown • aaina liml bytbe raootds of my Iman& llllllloritytllll leYi•-01--cm ...i pn,pe11y or by tbeN>lic Reconls; (b) pn,coedi,,s1 by a public....,,. dllt may Ill.rt in llDI or_.., orlllllicetof lUllh~ 'Mlllhatorlllll tllowaby the-of u:b llfflCYor by the Public Records. 2. lmy &ell,~ iDlerelll, ordaimo • .. 11111...,_ by the N,1ic a-. bal that could i. ~ 1,ylll in,peotion ofthe Lalld orthat n,ay be mllll1ed by p....,. in __,n of the Land. 3. &aemonts, 1..,.0,.........,,..., ordaiimtbeno( notsho'MI by the Public~ 4. Any llllCrOldmat, mcmnbnmce, Wllltiaa, variation. or_,,. ~ al!'llctina the Title tblt would bo dioclooed by m..,,,.,.,,, nl co.,.ilete IIIICI 11111\'ey of the Laid nl tbot are ..,t lbown by the N,Jic Reconls. 5. (a)~ IIElina cloimo; (b) rmavatlons or-.iom in .,-01 in Aas llltboriziQstbe--thonot: (c) -atrightl. dlli,.. or title to WIIOI', wbethor or not the mathn s,a:opted Ulldor (1), (b), OI' (c) .-. -by tbePublic-.is. 6. Any lien or riaht 10 a lien lbr IIIMCa, labor or material not llllo"" by th■ public nicon:ls. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE lbo tbllowins-11n1 o,ipqaJy oxduded a-the ........ oftbil policy nl the c.,_ will not Par uor ..._, COIII, _""'YI._ or -whiali. ori■o by JNIOD of !. (a) Any law, or.i..-_ pellllit,01 ......,.,._, roplotion (inoludiill bolt 11111 limled lo builditia ...i mains)n■trictins. "'IIUlalins, pobJbitins or nutmato (i)tbo occupmcy, un, or..,.,...,. of the laod; (u)the characler, ~ or loclbm oflllJ impro-,i ncteclan tho t.nd; (m") tbesubdMsioa ottbo load; or (iv) enviromneow patoation, Ol'tbo .«ectoflny -.iolaticn of_ !awl,.,.._ or.,_ ...,,i.tion■ ThilEm:lulion !(a)donDOtmodifyorlimitthe..,_...,,.decl,_Co--1Riob5, 6, ll(c), 13(d), 14,.ml 16.(b)lmy s,o~polioe-. Thisl!lll:lusion l(b)cloell11otimdifyorlimitthocownppoviclod Ullder Co~Rilb S, 6, 13(c), IJ{b), 14, nl 16. 2. Ripa ofonmonl domain. 11,is!!,,ch,sioa don not modify or lint tbe co..np pmvided undor Covoretl 1lill: 7 or l 3. Ddoctl, liens, ~ odvono daims « othor -(I) onoted, aufflnd, assumad or..,..., ID by tho 1mared Claimant; (b) oot Kno,.,, to Ibo eo...,.,,., not recorded in 1he Public Records at Dateof l'alicy, bat ltrmm to the Immetl OIUIIIDI 111d not dildoled in writq to tbe Co-by the lnourod ClolJllllll poor to the data the bored cia;...,,. becam■ m lnlllrecl wider Ibis pof,cy;(c) nlllllins in no a or dam,pmthow.nd Cllimant;(cl)-11inaoraated ..__itoDoleafPolicy~. dm-not madit, orlimi11he-.provided mclor Ca,,ndllilb II, 16, 17, 18, 19, 20, 21,ZI, 23, 24,27or26); or (o)rsdtloa in loloor ~ which would IIOI hm,-llllllllimd iftbe lnourod lllimn bed plidwlue lbrtbe In■tnd MDrtllP 4. Unmlbnmbilityoftheliellofd».r-ed~boca,-oftheilllbilltyor&ihnofthelnuecllDco~,dbapplical,ledo~lawsoftbe-inwbichtbeladillituated. s. Jmalidity 01,_.,n:aobility in whole or• part oftbo lien nftbe lllllnd ~tllll an-out olthe!rlmlolian mdooced by tholaand ~ ond it 1-i ,_ mury, or any con-cnditpmlll<:lioi, ortrutb in lllldiqlaw. '!bit~ donnotmodifyorlimittbe..,......piovidod inCownd.Riskl6. 6. lmy claim of IIMlidity, unmlm:mbility or locl< of priority of tlio lien oftlio land Mortgqe II to~ or modilh:atioas mode efter the lmuecl ha Knowlcdp tllll the watN lhown in Schedulo A it no kqer theowneroftbe-orilllflrat..-bylhspolicy. Tbit Ela,lmion does not modif'y or limit the-prowlod in C-.c!Riu. JI. 7. Any lien on Ibo Title l,rnal -1 ... or-~ by I~ outbority llld onoledor -11int1 l1lhsoquenl to DIie of'Policy in aax,l'<WICO wib applicable buiklinll codos. '1bit &.,1--not modif'y or limit the co-pnmded in Co.-cl Ri• 5 or 6.. I. The &ii= oftht ~ structure, or my portion of it, 1o bave boon oonstructod bel,re, on or att.. Date of Policy in ..,.,.,..... -11PPlic:■ble buildina codes. 'l1lis --not modif'y or limit Ibo co-pro.idecl inCofflel!Rilk 5 or 6. 9. Any claim, by l'OIIOII o(fbe ___, arfedenl briruptcy. llale -.lwacy, ar llimlar creditors· rlahls la-. !hat the -crootins the li•n oftbe lnoured Mollpp, it (1) 1 ll-auwlmt CXJIMIYIDCII or &audulmt tnndor, or (b) • pnfl,reolial 1rlmlllr lbr IIIY ,_,. DOt -eel in c.....i Rill< 27(b) oflhil policy. Page 10 Order No. 400-1951238-37 California Title Company PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We~ that you have a right to know how we will utilw: the personal information that you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal infurmation. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. • Information we receive from providers of services to us, such as appraisers appraisal management companies, real estate agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about tlie property that is the subject of your transaction with us). • Information about your transactions with us, our Affiliated Companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business p!l!JX)ses and not for benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliafed parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as ~itted by law. We may, however, store such information indefinitely, incluaing the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to noneublic personal information about you to those individuals and entities who need to know that infurmation to provide eroducts or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your mformation will be handled responsibly and in accordance with this Privacy Policy. We currently maintain pliysical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Other Important Information We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new Privacy Policy be1ore the new policy becomes effective. Page 11 ----·------;@ i I I .. I ... • I ~ • Iii . l I ~--111 i ii I gq I ED :;g I i ~ ::t Si!? ::::i b! ~ ~, ~~ g. :I f:11::1 A ii ~---·-----~ -----r' ----~,-·-·---C ::Ja~ L€-6E:BLBB1-110, :_..ze,pzo i: ~o r :eFRa 6 ·,oi <:lex :zo••••~ r.,~o.oe1a m,s :uo1:Jd1:msea I ED I WALNUT I 'BNVMGW flllO'l'll 110 N0l8INCIBlll Y.101 HUM AIIIO:JJD/1 I.YI lmnil 'WMl!tlm'U !11.1:IOJ.:NlfrJ:NH~ CBIIIISYIJ AJfllmON :A1NDliSCdllf1dil:llmSSIIII04ml/lllil anJIII dWl'latL €D 204-~ 0 cc I !WE ' J !I ! ! t:,., l•t tr 1R ~ !I :::: ~-i~ R