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NCP 15-05; 2368 SPRUCE STREET; Administrative Permits (ADMIN) (2)
• I. Addendum to Project Description Project Description Description of Proposed Project by Application Type and Background The Applicant seeks the approval of a Nonconforming Construction Permit ("Permit"). By way of background, the existing single family home located at 2368 Spruce was constructed in 1980 ("Spruce Home"). Since the construction of the Spruce Home, the City of Carlsbad's Zoning Regulations for an R-1 Zoning District ("Code") changed. Today's Code states, pursuant to Section 21.10.050 (A), that no building shall exceed a height of 35 feet and two (2) stories. Further, Section 21.04.065 {A) of the Code articulates building height as a measurement from grade {at its lowest point) to the highest point of the structure. The Spruce Home has a split level design with two (2) distinct roofs. The main roof, which is the roof over the main living area, is located on the east of the lot ("Main Roof"). The Main Roof is approximately twice the size of the higher roof that is located over the garage and bedrooms on the west side of the lot ("Secondary Roof'). Please see Sections 10 and 12 for photographs of the historic and current roof lines. The lot upon which the Spruce Home was constructed is located on the side of a steep hill. As such, the grade changes dramatically from the east to the west side of the lot. Given the grade change, • the Spruce Home was constructed as a single story on the east and a three (3) story home on the west. The three (3) stories on the west consist of a garage on the First floor, two (2) bedrooms and corresponding baths on the second floor, and a single master bedroom and bath on the third floor. Please see Section 10 for photographs of the home and Section 12 for photographs of the private drive and associated topography. The height of the Secondary Roof as measured from grade to its peak is 31'-6" and it is three (3) stories. As such, the Spruce Home exceeds the current height limitations of the R-1 Zoning District by 1'-6" and a single story. This renders the Spruce Home a nonconforming structure. • Kevin and Jessica Schramm, the applicants and owners of the Spruce Home, ("Applicants") seek to dormer two (2) portions of the Secondary Roof. As such, this requires the approval of a non- conforming construction permit. The permit, if so granted, will allow the construction of the proposed dormers on the legal, non-conforming Spruce Home. One (1) area, consisting of approximately 92 square feet, would be located on the southern portion of the third floor ("South Dormer") and one (1) area, consisting of approximately 136 square feet, would be located on the northern portion of the third floor ("North Dormer''). Please see Section 1 for proposed elevations. Both dormers will be located below the peak of the Secondary Roof. As such, the dormers will in no way increase the overall height of the structure. Further, the dormers will be constructed over 1 • • • e e existing floor area. As such, the dormers will in no way increase the floor area within the home or the footprint of the home . While the construction of the dormers is a seemingly minor change to the home, the dormers will dramatically improve the functionality of the master bedroom. The Spruce Home is a three (3) bedroom home with approximately 2, 700 square feet. The Spruce Home occupies approximately 13.7% of the lot. Compared with the homes located in the immediate area, it is certainly modest in size and scale. The Applicants occupy their home with their four (4) children. Given the size of the Spruce Home and the size of the Applicant's family, it is critical to the Applicant's use and enjoyment of the home that every room in the house functions efficiently. Please the photographs of other similar homes in the immediate area in Section 14. The purpose of the dormers is to create a taller floor-to-ceiling height in the areas to be dormered. These areas are presently poorly functioning closets. Please see photographs of existing closets in Section 11. The closets are presently finished interior spaces, inclusive of drywall, carpeting and lights. Given the wall texturing and carpeting, it can be concluded that these areas were constructed and finished during the original construction of the home. These closets have also been continually utilized for storage since 1980 (the year the Spruce Home was constructed). While the closets exist for storage, the low ceiling height severally limits their utility and as such their functionality. The Applicants seek to construct the North Dormer for purposes of providing a functional master closet appropriately size with adequate ceiling heights. Additionally, a small portion of the North Dormer, appropriately 23 square feet, will also be used to create an adquately sized master bath. At present, the master bath occupies a very small area and does not have modern day amenities such as a dual basin vanity and a bath. The purpose of the South Dormer is two-fold. First, it will greatly improve the air circulation on the third floor of the home. The master bedroom, currently, has two (2) sliding doors on the north elevation and two {2) very small windows on the south elevation. Additionally, the sole return for the HVAC system is located just outside the master bedroom in the main staircase connecting the first through third floors. As such, all the hot air in the home rises up to the third floor and into the master bedroom. The poor circulation amongst the existing windows causes the hot air to become trapped. Further, the current HVAC system, installed this year, cannot cool this space. The system is located at grade and the air flow pushed from the main HVAC system dwindles as it rises to the third floor. While a secondary air conditioning system could be installed, the Applicants seek to pursue a more environmentally friendly approach. Installing operable windows within the South Dormer corrects the air circulation problems in the master bedroom and eliminates the need to install a secondary air conditioning system thereby limiting the carbon footprint of the Spruce Home. Finally, and most minor in nature, the use of dormers on the third floor will break up the massing of the large roof and improve the exterior aesthetics of the home . 2 • • • When the Applicants lchased the Spruce Home in late 201Pthe structure was in need of much repair. Since their acquisition, the Applicants have loving rehabilitated the home as shown in the photographs in Section 12. The creation of a proper master bedroom furthers the rehabilitation of this home. The City of Carlsbad's "Unofficial" General Land Use Plan, see Section 16, calls for this area of Olde Carlsbad to be comprised of low to medium density (0-4 dwelling units per acre). The City of Carlsbad's Zoning Map, see Section 17, designates this area of Olde Carlsbad as appropriate for One- Family Residences. The Spruce Home, a single family home, on a little over a quarter of an acre furthers these goals. Moreover, the rehabilitation of existing, functionally obsolete single family home unequivocally further every green incentive set forth by the City of Carlsbad and the larger goals of the State of California. II. Statements of Appropriateness Following are statements of appropriateness and findings of fact based upon the sections of Code related to the nonconforming residential structures. a. The Purpose and Intent of the Nonconforming Provisions of the City of Carlsbad Zoning Code The specific provisions governing nonconformities, as set forth in Section 21.48.050 (A), state that (1) a nonconforming residential structure may be continued and the structure may be repaired, altered, expanded, or replaced provided that such does not: (a) result in an additional structure nonconformity; and (b) increase the degree of existing nonconformity of all or part of such. The Spruce Home is rendered legally nonconforming solely because of the height of the structure and the fact that a third story exists. The proposed dormers in no way change the existing height of the structure or the fact that the third story exists. The dormers will merely be cut into the sides of the existing peaked roof while the historic structural roof will remain unaltered. As such, the dormers in no way result in an additional structural nonconformity. Said another way, the overall historic roof, at the current height of 31'-6", will remain unchanged; and the dormers do not increase the degree of the existing nonconformity. Further, the existing floor area located below the dormered portions of the roof will continued to be used as habitable space as it was historically built and continuously use since that time. The creation of taller floor-to-ceiling heights within the dormered areas will bring the property further into compliance with the City of Carlsbad's Building Code requirements, which mandate a height of 7' -0" in all habitable areas. Moreover, it is important to note that the City of Carlsbad's "Unofficial" General Land Use Plan, see Section 16, calls for this area of Olde Carlsbad to be comprised of low to medium density (0-4 dwelling units per acre). The City of Carlsbad's Zoning Map, see Section 17, designates this area of Olde Carlsbad as appropriate for One-Family Residences. The Spruce Home, a single unit, on a little 3 • • • e e over a quarter of an acre furthers these goals. Finally, the rehabilitation of existing, functionally obsolete single family home unequivocally furthers every green incentive set forth by the City of Carlsbad and the larger goals of the State of California . As such, the continued rehabilitation of the Spruce Home, inclusive of the dormers, is consistent with the stated goals of the City of Carlsbad's nonconforming zoning regulations. b. Nonconforming Residential Structures May be Altered The Code, as set forth in Section 21.48.050 (8)(1), specifically allows nonconforming residential structures to be altered provided that the alterations comply with all current fire protection and building code and regulations contained in Titles 17 and 18. The Applicants are seeking to alter the Spruce Home to provide dormers that will greatly improve the functionality of the master bedroom. The dormers will be constructed so as to comply with all current fire protection and building codes and regulations contained in Titles 17 and 18. Increasing the floor-to-ceiling height within the dormered areas of the third floor will bring the existing habitable space further into complies with the City of Carlsbad's building code. Additionally, the installation of the dormers will in no way increase the existing nonconforming height of the structure. As such, the continued rehabilitation of the Spruce Home, inclusive of the dormers, is consistent with the stated goals of the City of Carlsbad's nonconforming zoning regulations and fire and building codes contained with Titles 17 and 18 . c. Findings of Fact. A nonconforming permit shall be granted only if the following facts are found to exist in regard thereto: i. The expansion/replacement of the structure would not result in an adverse impact to the health, safety and welfare of the surrounding uses, persons or property; The Spruce Home is located in a thriving single family neighborhood of Olde Carlsbad. The immediate blocks are filled with beautiful multi-level single family homes. Given the significant hills in the area, many of the homes have a split level design similar in nature to the Spruce Home. Please see the map in Section 13 showing the immediate area and the corresponding photographs within Section 14 showing single family homes in the neighborhood. Further, the proposed dormers will be constructed in a fashion similar to other dormered homes in the immediate area. Please see the photographs in Section 15 for other homes with similarly dormered peak roofs. When the Applicants purchased the Spruce Home it was in need of major rehabilitation. It was truly an eyesore in the community and looked like a neglected home. The home had been constructed in 1980 with only minor cosmetic changes being made to the interior and almost no work being done to the exterior. The Applicants investment in the home has already dramatically changed the 4 • • • aesthetics of the hom' Removal of overgrown vegetation,,tallation of new hardscape, new exterior paint, new exterior stone, a new front porch, and new doors and windows have changed this home into one that now benefits the health, safety and welfare of the surrounding persons and property. The removal of a dilapidated front porch, termite damaged porch and balcony floors, a falling down fence, and a new security and fire system have increased safety for people in the immediate area and the neighborhood. The installation of the dormers will only further enhance the exterior of the Spruce Home and allow it to compliment the other homes in the area. The complete rehabilitation of the home both interior and out will further increase property values for the homes located in the immediate area. Finally, the proposed dormers will not increase the overall height of the building or increase the building footprint. As such, the proposed dormers will in no way adversely impact homes abutting the Jot upon with the Spruce Home is located. The single family home located up the hill to the east of the Spruce Home is a single story rental property situated to the south of its lot. The home's view corridor is located down the private drive on the south side of the lot. The north portion of the lot is occupied by a garage and a storage area. The proposed dormers will be no higher than the existing roof line and will not go beyond the existing exterior walls. As such, the proposed dormers will not adversely impact the property to the east. Further, if the home and/or lot were to be rehabilitated or redeveloped, the home's view corridor will not have been impacted. While the law does not protect such views, acting as a good neighbor, the Applicants have been thoughtful in rehabilitating the Spruce Home in a way that is of minimal impact to all neighbors. Please see page 1 of Section 18 for a photograph of the afore-described home . There are two (2) single family homes located to the north of the Spruce Home. The backyards of these homes abut the backyard of the Spruce Home. As such, the homes are located approximately 75-150 feet from one another. As the proposed North Dormer will not move beyond the existing exterior wall, there is no adverse impact to the abutting properties to the north. Please see Section page 1 of Section for photographs of the afore-described homes. The single family home located down the hill to the west of the Spruce Home is a single family home constructed within the last 10 years. The private driveway of the Spruce Home and the backyard of the home to the west abut. As such, they are separated by approximately 25-30 feet. Further, the third story of the Spruce Home rises above the existing single family to the west. The proposed dormers will in no way increase the height of the home and will not go beyond the existing exterior walls. As such, there is no adverse impact to the abutting property to the west. Please see page 2 of Section 18 for a photograph of the afore-described home. Finally, the single family home located to the south is a single family home. The private drive of the Spruce Home and the neighboring backyard abut. The homes are located approximately 75 feet apart. The proposed South Dormer will not go beyond the existing south exterior wall. As such, 5 • • • there is no adverse im!t to the abutting property to the so! Please see page 2 of Section 18 for a photograph of the afore-described home . Given the explanation above, the Spruce Home in no way adversely impacts the health, safety and welfare of the surrounding uses, persons or property. To the contrary, the continued rehabilitation and significant investment in the Spruce Home benefits the health, safety, and welfare of the surrounding persons and properties. li. The area of the expansion shall comply with all current requirements and development standards of the zone in which it is located; The dormered area shall comply with all current requirements and development standards of the zone in which it is located. At present, the Spruce Home complies with all current requirements and development standards of the R-1 Zoning District with the exception of the height and number of stories. The dormers shall in no way contribute to the nonconforming height of the home. iii. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Title 17 and 18; The dormered areas shall comply with all current fire protection and building codes and regulations contained in Title 17 and 18. Increasing the floor-to-ceiling height within the dormered areas of the third floor will bring the existing, habitable space further into complies with the City of Carl~bad's building code, which mandates a floor-to-ceiling height of at least 7' -0" in all habitable areas of a residence. Additionally, the installation of the dormers will in no way increase the existing nonconforming height of the structure. iv. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located. The Spruce Home is located in a thriving single family neighborhood of Olde Carlsbad. The immediate blocks are filled with beautiful multi-level single family homes. Given the significant hills in the area, many of the homes have a split level design similar in nature to the Spruce Home. Please see the map in Section 13 showing the immediate area and the corresponding photographs within Section 14 showing single family homes in the neighborhood. Further, the proposed dormers will be constructed in a fashion similar to other dormered homes in the immediate area. Please see the photographs in Section 15 for other homes with similarly dormered peaked roofs. When the Applicants purchased the Spruce Home it was in need of major rehabilitation. It was truly an eyesore in the neighborhood and looked like a neglected home. The home had been constructed in 1~80 with only minor cosmetic changes being made to the interior and almost no work being 6 .. • • Ill. • done to the exterior. I Applicants investment in the home ! already dramatically changed the aesthetics of the home. Removal of overgrown vegetation, installation of new hardscape, new exterior paint, new exterior stone, a new front porch, and new doors and windows have changed this home into one that now complements the surrounding single family homes while remaining consistent with the character of the neighborhood. The proposed dormers only follow a pattern of dormered peak roofs in that is prevalent in the neighborhood and further the aesthetics of this home. The complete rehabilitation of the home both interior and out will further increase property values for the homes located in the immediate area. Moreover, it is important to note that the City of Carlsbad's "Unofficial" General land Use Plan, see Section 16, calls for this area of Olde Carlsbad to be comprised of low to medium density (0-4 dwelling units per acre). The City of Carlsbad's Zoning Map, see Section 17, designates this area of Olde Carlsbad as appropriate for One-Family Residences. The Spruce Home, a single unit, on a little over a quarter of an acre furthers these goals. Additionally, the rehabilitation of existing, functionally obsolete single family home unequivocally furthers every green incentive set forth by the City of Carlsbad and the larger goals of the State of California. As such, the dormered areas will result in a rehabilitated home that is considered an improvement to, both complementary and consistent with the character of, the neighborhood in which it is located. Conclusion Based upon the foregoing, the Applicant hereby respectfully requests the approval of the Nonconforming Construction Permit to allow the construction of the proposed dormers . 7 • • Per the California Environmental Protection Agency's website, "While Government Code • Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www. cal epa. ca. gov/sitecleanup/CorteseUst/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-diego.ca.us/deh Hazardous Materials Division www.sdcountv.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505~6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www.epa.gov/superfund/sites/cursites (800) 424~9346 or (702) 284-8214 National Priorities List Sites in the United States www. epa .gov/ superfund/sites/np!/npl. htm P-1(C) Page 2 of2 Revised 02/13 • • • • • Photographs of Homes on Lots Abutting the Spruce Home's Lot • • • • • Photographs of the Interior of the Home at the Time of Acquisition and Present • • • Photographs of Homes on Lots Abutting the Spruce Home's Lot • • • • Photographs of Private Drive of Spruce Street and Exterior of Home at Present • • • Photographs of Private Drive of Spruce Street and Exterior of Home at Present • • • • Photographs of the Exterior of the Home at the Time of Acquisition in 2014 • • • Photographs of the Interior of the Home at the Time of Acquisition and Present ·r--- • • • • • Photographs of Depicting other similar Dormer Structures located within the Immediate Area • • • • Photographs of Depicting other similar Multi-Story Homes located within the Immediate Area • • • • • Photographs of Depicting other similar Multi-Story Homes located within the Immediate Area CITY OF CARLSBAD'S ZONING MAP • • ~-C "X" INDICATES THE LOCATION OF 2368 SPRUCE Rl= ONE-FAMILY RESIDENTIAL • • • • • MAP OF IMMEDIATE AREA Photographs Depicting other similar Multi-Story Homes and other similar Dormer Structures found in Section 15 and 16 of this submittal were taken within the area shown on the following map . "X" INDICATES THE LOCATION OF 2368 SPRUCE "I//" INDICATES THE AREA REFERENCED ABOVE • • • •• • •• LEGAL DESCRIPTION FOR 2368 SPRUCE ** Please note that the following legal descriptions includes the acquisition of neighboring property in 2015 ?OINT OF SEGINNtNG SOUTHEASTeR!. Y OF SAID PARCEL 2; THENCE SOUTH 00"'00'07" EAST, 111.03 FEET; THENCE SOUTH 88"'50*56'* EAST, 40.00 FEET; THENCE NORTH oo•oo•or WEST, 2.49 FEET; THENCE NORTH 88"'27'33" EAST, 39.69 FEET; THENCE SOUTH 87~'543 WEST, 20.34 FEET; THENCE SOUTH 00000'07" EAST, 102.09 FEET; THENCE SOUTH 89"'58'55' WEST, 99.99 FEET; THENCE SOUTH 00"'00'07" EAST, 12.50 FEET; SOUTH 89'"58'55" WEST, 199.98 FEET TO THE POJNT OF BEGINNING • · . -• • • For APN/ParceiiO(s): 156-052-26-00 EXHIBIT "A" Legal Description PARCEL 2 OF PARCEL MAP 979 RECORDED SEPTEMBER 11, 1972, AS FILE NO. 241894, FILED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY, BEING A PORTION OF LOTS 1, 2 AND 7 OF CEDAR HILLS ADDITION TO THE TOWN OF CARLSBAD ACCORDING TO MAP THEREOF NO. 532, FILED IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY . CL TA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 07.18.14@ 03:27PM CA-cT ·FWD0·02180.055820-SPS·1-14-73714007727 Title No.: 73714007727-PM AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 3. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 156-052-:?J)-00 2013-2014 $3,105.27 $3,105.27 $0.00 09000 4. The effect of Record of Survey Map No. 2608 which purports to set out the boundaries of said land. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: San Diego Gas and Electric Company, in Deed Poles, underground conduits, together with the right of ingress and egress and incidental June 17, 1952 Book 4497, Page 523, of Official Records. the exact location and extent of said easement is not disclosed of record. 6. An agreement regarding improvements, executed by and between E. Lamont and Verna Geissinger and The City of Carlsbad, upon the terms, covenants and conditions contained therein, recorded September 18, 1972 as File No. 249278 of Official Records. 7. An agreement regarding ingress and egress, maintenance and repair of right of way, executed by and between Barbara and Verne Geissinger and Elton and Ruth Geissinger, upon the terms, covenants and conditions contained therein, recorded September 10, 1990 as File No. 90-492219 of Official Records. 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $60,000.00 July 2, 1997 Francis Robert Greenwell, a married man as his sole and separate property, Patrick K. Greenwell, a married man as his sole and separate property, and Cavett Russell Greenwell, a married man as his sole and separate property Marin Conveyancing Corportion, a California Corporation Headlands Mortgage Company, a California Corporation 524036 July 16, 1997 1997-0335887, of Official Records. CLTA Preliminary Report Form-Modified (Adopted: 11.17.2006) Printed: 07.18.14@ 03:27PM CA-CT-FWD0-02180.055820-SPS-1-14-7371400n27 -• • • • • • Title No.: 73714007727-PM An assignment of the beneficial interest under said deed of trust which names: Assignee: Loan No.: Recording Date: Recording No: Bank of New York as Trustee for the Benefit of the Holders of Headlands Mortgage Securities Inc. Mortgage Pass-Through Certificates Series 1997-4 524036 October 14, 1997 1997-0509861, of Official Records. 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No: Recording Date: Recording No.: $265,000.00 Not shown Francis Robert Greenwell, Trustee of the Francis Robert Greenwell Trust Dated April4, 2006, as to an undivided one-third (1/3) interest, and Patrick K. Greenwell, a married man as his sole and separate property, as to an undivided one-third (1/3) interest and Cavett Russell Greenwell, a married man as his sole and separate property, as to an undivided one-third (1/3) interest, all as joint tenants First American Title Insurance Company, a California Corporation Terry William Blatnick and Lisa Blatnick, Co-Trustees of the Blatnick Family Living Trust dated December 11, 2000 Not Shown April 30, 2013 2013-0268562, of Official Records. An assignment of the beneficial interest under said deed of trust which names: Assignee: Loan No.: Recording Date: Recording No: William F. Blatnick and Darlyne Blatnick, Trustees of the Blatnick Family Trust dated September 14 1982, as to an undivided 37.735% interest, Havasu Desert Properties LLC as to an undivided 37.735% interest and Jack and Le Anne Miller, Co-Trustee of the Jack and LeAnne Miller Family Trust dated January 8, 2002 as to an undivided 24.53% interest all as tenants in common Not Shown April30,2013 2013-0268563, of Official Records. This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 10. Any rights, interests, or claims of parties in possession of the Land not shown by the public records . CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 07.18.14@ 03:27PM CA-CT-FWOO..Q2180.05582D-SP5-1-14-73714007727 11. Title No.: 73714007727-PM Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. 12. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. This Company will require a full copy of the trust agreement and any amendments thereto. The Company will require a current Trust Certification, pursuant to California Probate Code Section 18100.5, confirming the following facts and containing the following information: 1. Date of execution and continued existence of the Trust; 2. Identity of the Settlor(s)ffrustor(s) and the currently acting Trustee(s); 3. Powers of the Trustee(s); 4. Whether the Trust is revocable or not and, if revocable, who holds the power to revoke the Trust; 5. If there are multiple trustees, the signature authority of the Trustees, including how many of the trustees are required to exercise powers of the Trust; 6. The Trust Identification Number [usually a Social Security Number or an Employer Identification Number]; 7. The manner in which title to Trust assets should be held; . • 8. The legal description of any interest in real property held in the trust; and • 9. The Certificate of Trust must contain a statement that the trust has not been revoked, modified, or amended so as to cause the representations to be incorrect and that it is being signed by all current Trustee(s) in the form of an acknowledged declaration. Note: If an Affidavit of Death of a Trustee or Co-Trustee was or will be recorded, the signing successor or Surviving Trustee(s) must have the right to exercise the powers of the Trust. The Company reserves the right to add additional items or make further requirements after receipt of the Trust Certification. END OF EXCEPTIONS CL TA Preliminary Report Form-Modified (Adopted: 11.17 .2006) Printed: 07.18.14@ 03:27PM CA-CT-FWD0-02180.05582Q-SPS-1-14-73714007727 • . • Note 1. Note 2. Note 3. Note 4. • NoteS. NoteS. Note 7. Note 8. • Title No.: 73714007727-PM NOTES Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein described Land. If a county recorder, title insurance company, escrow company, real estate agent or association provides a copy of the declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold faced typed and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel{s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance . In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party{s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Note: The Company is not aware of any matters which would cause it to decline to attach CL T A Endorsement Form 116 indicating that there is located on said Land a Single Family Residence, known as 2368 Spruce Street, Carlsbad, California, to an Extended Coverage Loan Policy. Note: None of the items shown in this report will cause the Company to decline to attach CL T A Endorsement Form 100 to an Extended Coverage Loan Policy, when issued . CL TA Preliminary Report Fonn-Modified (Adopted: 11.17.2006) Printed: 07.16.14@ 03:27PM CA-CT-FWD0-02180.055820-SP5-1-14-73714007727 Note 9. Title No.: 73714007727·PM The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Name of Trust: Greenwell Family Trust END OF NOTES CL TA Preliminary Report Form-Modified (Adopted: 11.17 .2006) Printed: 07.18.14@ 03:27PM CA-CT -FWD0-02180.055820-SPS-1-14-73714007727 • • • • • • ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws . EXCEPTIONS FROM COVERAGE ·SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records . Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B. You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exdusion does not limit the coverage described in Covered Risk B.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exdusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, B. e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: 7. a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exdusion does not limit the coverage described in Covered Risk 11 or 21. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A $2,500.00 (whichever is less) or 1.00% of Policy Amount Shown in Schedule A $5,000.00 (whichever is less) or 1.00% of Policy Amount Shown in Schedule A $5,000.00 (whichever is less) or 1.00% of Policy Amount Shown in Schedule A $2,500.00 (whichever is less) or Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (06/03/11) • • • • • • ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6·1-87) EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date-unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks . Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) 2006 ALTA LOAN POLICY (06-17 -06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not rnodify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. • 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien • of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (06/03/11) • • • ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or exPenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records . Attachment One (06/03111) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13{c), 13(d), 14 or 16. {b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; {d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. 6. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exdusion does not modify or limit the coverage provided in Covered Risk 26. Any daim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (06/03/11) • • • • • • NOTICE You may be entitled to receive a Twenty And No/100 Dollars ($20.00) discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions . AG Settlement Discount Notice SCA0002596.doc/ Updated: 07.25.13 Printed: 07.18.14@03:27PMbyCL -73714007727 Order No.: 73714007727-SW FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: January 24, 2014 Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties'1 who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor . This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "dear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. Privacy Statement SCA0002597.doc I Updated: 07.25.13 Printed: 07.18.14@ 03:27PM by CL -73714007727 • • • • • • PRIVACY NOTICE (continued) You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http:l/www.networlsadvertisina.org/. • You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the JAB UK's industry opt-out at www.youronlinechoices.CQm. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose Information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non-Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information from Children We do run collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others • in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them . Privacy Statement SCA0002597 .doc I Updated: 07.25.13 Printed: 07.18.14@ 03:27PM by CL -73714007727 European Union Users PRIVACY NOTICE (continued) It you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 I LAST UPDATED: JANUARY 24, 2014 Privacy Statement SCA0002597.doc I Updated: 07.25.13 Printed: 07.18.14@ 03:27PM by CL -73714007727 • • • • • • Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC -Chicago Title Company Available Discounts Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within twelve (12) to thirty-six (36) months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge . FEE REDUCTION SETTLEMENT PROGRAM (CTC, CTIC) Eligible customers shall receive a Twenty And No/1 00 Dollars ($20.00) reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California et a/. v. Fidelity National Title Insurance Company et a/., Sacramento Superior Court Case No. 99AS02793, and related cases. DISASTER LOANS (CTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be frfty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be thirty-two percent (32%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected . Notice of Available Discounts SCA0002598.doc I Updated: 07.25.13 Printed: 07.18.14@ 03:27PM by CL -73714007727 City of Carlsbad Faraday Center Faraday Cashiering 001 1523901-4 08/27/2015 149 Thu, Aug 27, 2015 12:02 PM Receipt Ref Nbr: R1523901-4/0005 PERMITS -PERMITS Tran Ref Nbr: 152390104 0005 0005 Trans/Rcpt#: R0111213 SET #: NCP15005 Amount: Item Subtotal: Item Tota 1: 1 @ $719.05 $719.05 $719.05 ITEM(S) TOTAL: $719.05 Credit Card (Auth# 07581C) $719.05 Total Received: $719.05 Have a nice day! **************CUSTOMER COPY************* • • r? o r1 rn CID Ernest .I Dronenburg. Jr. Recorder Count) Clerk OCT 02 2015 sv I. Aranda DEPUTY FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on OCT 0 2 M15 Posted 0 C T 0 2 2015 Removed r v tl Z ZU1!J Returned !o agenc~ on ri~~O 2 2Q15 Deputy 1. Ara • NOTICE OF REQUEST FOR A NONCONFORMING CONSTRUCTION PERMIT Notice is hereby given that a Nonconforming Construction Permit (NCP) has been applied for to allow the modification of the roof of an existing single family home that is currently nonconforming due to the number of stories on property located at 2368 Spruce Street. The modification ofthe roof line will not expand the existing floor area and will comply with all current development standards including height and setbacks. If you have any objections to the granting of this Nonconforming Construction Permit or wish to have an administrative hearing to discuss the requested Nonconforming Construction Permit, please notify the . Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 calendar days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. CASE NO.: NCP 15-05 CASE NAME: 2368 Spruce Street Renovation DATE: September 14, 2015 CITY OF CARLSBAD PLANNING DIVISION & Economic ue1ii'Eilt>mne1u Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax ·• HEATH & SHANNON WALKER 1360 FOREST AVE CARLSBAD CA 92008 MARK & JENNIFER HARRIS 2380 SPRUCE ST CARLSBAD CA 92008 WAYMAN TRUST 2360 SPRUCE ST ' CARLSBAD CA 92008 PAMELA HALL 1448 FOREST AVE CARLSBAD CA 92008 ISADORE STONE 1709 BUTTERS RD CARLSBAD CA 92008 • • ' ' I' TAYLOR TRUST 2398 SPRUCE ST CARLSBAD CA 92008 i ' VETTEL TRUST . 1 1739 YOURELL AVE CARLSBAD CA 92008 ' ! KEVIN & JESSICA SCHRAMM . ' 2368 SPRUCE ST CARLSBAD CA 92008 BRIAN & STEPHANIE MOONEY 8953 HAMPE CT SAN DIEGO CA 92129 r i ZONA DECKELMAN , 1 1440 FOREST AVE CARLSBAD CA 92008 ';! . : I :I i; i A notice has been mailed to' : I i! I' i I ''! i i : i' I ! ; ! i i . ' '' all property owners/occupants . listed herein. : Dete: 1~ I ! ; I SPANO TRUST 2390 SPRUCE ST CARLSBAD CA 92008 MARGARET MOORE 1436 FOREST AVE CARLSBAD CA 92008 INTER VIVOS GEISSINGER 1351 PINE AVE CARLSBAD CA 92008 MARC & SUSAN FOX I 1715 BUTTERS RD , CARLSBAD CA 92008 CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92009 September 28, 2015 Kevin & Jessica Schramm 2368 Spruce Street Carlsbad, CA 92008 • ~ltEccityof ,o)'Z-tl)Js Carlsbad SUBJECT: NOTICE OF RESTRICTION-NCP 15-05-2368 SPRUCE STREET RENOVATION Dear Applicant: Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Nonconforming Construction Permit, NCP 15-05. Please ensure the following items are addressed prior to returning to the city: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized (Effective January 1, 2015, California Civil Code sections 1189 and 1195 and California Government Code section 8202 requires a specific notice to be included at the top of every acknowledgment, proof of execution of an instrument, and affidavit sworn to before a notary public within California) . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page . ./ Please do not fold documents . ./ Return original signed and notarized documents. It is our goal to assist you in getting the document recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, L2~ CHRIS GARCIA Assistant Planner c: Michele Masterson, CED Senior Management Analyst File Copy Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-7314j760-602-4600 1760-602-8560 f 1 www.carlsbadca.gov