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Home My WebLink AboutMCUP 13-02; LA COSTA RESERVOIR WCF; Minor Conditional Use Permit (MCUP)\ «~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit (FOR DEPT. USE ONLY) Legislative Permits D General Plan Amendment (FOR DEPT. USE ONLY) D Coastal Development Permit (*) OMinor D Conditional Use Permit (*) D Local Coastal Program Amendment (*) 0 Minor O Extension D Environmental Impact Assessment D Habitat Management Permit O Minor D Hillside Development Permit (*) D Planned Development Permit 0 Residential O Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative MCLA.P 13-0~ D Master Plan D Specific Plan D Zone Change (*) 0Amendment 0Amendment D Zone Code Amendment List other applications not specified □ □ □ (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 223-792-19-00 -----------------------------------PROJECT NAME: )QefiZO, 1 Wireless,_ La Costa Reservoir Wtf BRIEF DESCRIPTION OF PROJECT: Remove existing 40' high monopole and replace with a new, 50' high monopine with 12 panel antennas and 2 relocated microwave antennas. New mansard roof to be installed on existing equipment enclosure. Relocate AC units to roof of shelter; install new emergency backup generator inside new, 8' high sound attenuation wall. BRIEF LEGAL DESCRIPTION: Portion of Parcel 4 of Parcel Map 10179, portion of Section 30, T12S, R3W, Map 848 filed June 27, 1898. LOCATION OF PROJECT: 3023 Alga Road, Carlsbad, CA 92009 ON THE: BETWEEN P-1 East (NORTH, SOUTH, EAST, WEST) Sitio Oceana (NAME OF STREET) STREET ADDRESS SIDE OF Cornitia Street (NAME OF STREET) AND Corte Bosque (NAME OF STREET) Page 1 of 5 Revised 01/10 OWNER NAME (Print): Carlsbad Municipal Water District APPLICANT NAME (Print): Verizon Wireless MAILING ADDRESS: 405 Oak Ave MAILING ADDRESS: 15505 Sand Canyon Ave. CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Irvine, CA 92618 TELEPHONE: 760-434-2893 TELEPHONE: 949-286-8735 EMAIL ADDRESS: Joe.Garuba@carlsbadca.gov EMAIL ADDRESS: Jennifer.Carney@VerizonWireless.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KN~> THE BEST OF MY KNOWLEDGE. /-Z'l · 1~ SIGNAT E DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Karen Adler c/o PlanCom, Inc., representing Verizon Wireless MAILING ADDRESS: 302 State Place CITY, STATE, ZIP: Escondido, CA 92029 TELEPHONE: 760-715-3416 EMAIL ADDRESS: karen.adler@plancominc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ~;;;:/l!YJ/;:/a:;:GE. l-fJ.-13 SIGNATURE , I) DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE ND AND BIND ANY SUCCESSORS IN INTEREST. -22·(3 FOR CITY USE ONLY P-1 Page 2 of 5 RECEIVED 0 5 2013 CITY OF CARLSBAD PLANNING DIVISfON DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 01/10 March 6, 2014 TO: All Cities, Counties, and Agencies FROM: Jill Flynn, Manager, Network Real Estate RE: Letter of Authorized Agents Verizon Wireless and its affiliates To Whom It May Concern: RECEIVED MAR 1 6 20f6 CITY OF CARLSBAD PLANNING DIVISION The below named representatives are hereby authorized to act as an Agent on behalf of Verizon Wireless and its affiliates in submitting and obtaining planning, building, and related permits. This authorization is applicable to any and all matters, including public hearings affecting Verizon Wireless land use entitlement applications in all jurisdictions throughout Southern California. Please direct all project related correspondence to the firm and the representatives listed below. Authorized Representatives: Authorized By: Verizon Wireless ATTN: Real Estate Manager 15505 Sand Canyon Avenue Bldg. D 1 Irvine, CA 92618 PlanCom, Inc. 302 State Place, 2nd Floor Escondido, CA 92029 Darrell Daugherty Duffy Daugherty Krystal Patterson Ted Marioncelli Karen Adler Shelly Kilbourn Kerrigan Diehl Rodney Philhower Brent Helming Cheryl Barker Robert Medina Jody Bitterlin Jill Cleveland Margie Sullivan Candace Chu r"---:J:/;~'/ Jill F!Yffn Manager, Network Real Estate Verizon Wireless «,~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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:•·· . ·· Perspn is d~ned as "Anyindividual, ~rm, ¢-partnership, joint venture, asspqiation, social club, fraternal orgar.iza,tion; corp0r~tio11, estate, trust;receiver, syndicate, in ttiis and ,any other county, city and county, cify,mi:Jniclpality,·district or other politi~l subdivision or any other grdup orcombin~tion acting as a unit" ' ',, ' ' " '' ' ,, Agents rJll=l!f,Sigrrt~is document: however, the legal name and entity ~f the applicant and prope,:ty owner musU:Se provided below. · 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person.__________ Corp/Part }/a,r, un Wt rule-ss Title. ___________ _ Address. _________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_________ Corp/Part L&r-lsb4-£1 /'rtun,C!Apd Wd.Lr Dt51"'l-iCT Title __________ _ Address _________ _ Title _____________ _ Address L/o5 Ott£ frt/&, &c!shaL QA 9~ooz Page 1 of2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust h I tl/ Non Profit/Trust n ) ~ 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 [] No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicanVdate Print or type name of owner Print or type name of applicant P-1(A) Page 2 of2 Revised 04/09 "f~ ~f'4. ~ CITY Of CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: _\h-=l__.f ,'-~'--"o ........ n...._U ........ 2_ir~11f/-+-l t~S~5--~~~{ffi~';?'--r_;q_,.._~~i_s'-if~c/t~:? ;~"'-- APPLICANT NAME: --11-l6_..l:"--'(____._/ L=O_.V].....__--=itc.....i.<-2 '-': f'-.e,=--lt;;__,,..5.....,.S'---________ _ 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: _ , , V l:r, u ~ W '. r,, (e 7'..:> 17 fro f b s,,,j iv fi!-141otlu The,, e psr,n:J )Jo ' f,, j h rn Dfl Of, riv w rrh J'J.._ pa nd a irr£11,, ll s cu1 tZ. J. m ~ u O v1 t/,{/ __ an,uil\llS Clt1L ('eAtWe, Th~ +o ti., fJuo, 5o~fcoT h,1 h {U{)flDftMV. V U't t-o n u,)J II, 1 fl '5 Ttvi{ ~ 11.tu) (Vl ll n sa rct (t!JCJf o /1 1h e----e_f15r, n 4 ·11. U Ip rn ¼ ~ 6h IA fu-4 n ). r f/,f l1 ed--<-'th e,; A G u 17 Ir s 72:> n,,, e 'ft>trf- bf 1h~ Sh~,fhr'_, A 11~ ef1{wjvne1 K)dcl<-,,lp CjU1.(r~ 1 uJ,/1 b(._,, /r1S~t{L).__ UJ11h,r1 1tie. l<45e. tJ(J'f,,,£v /JLh;vu1-. a nfUA..J, "/-foo, h I 1 h 01,11 IA {)Jvl,/ h I n t I :5 l wtf bn u /id--r O •1 , 1h~ s,·fe_,, u;:11 J:J~ bl{,df ft;, <!-tJllouf1.cr1. P-1(B) Page 1 of 1 Revised 04/09 La Costa Reservoir 1/29/2013 PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW WIRELESS COMMUNICATIONS FACILITY Verizon Wireless La Costa Reservoir 3023 Alga Road Carlsbad, CA 92009 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Verizon Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planner January 29, 2013 Page 1 PROJECT DESCRIPTION/ HEIGHT JUSTIFICATION Verizon Wireless (VZW) is proposing to construct, operate, and maintain a wireless digital PCS facility consisting of a total of 12 panel antennas mounted at a height of 46 ft. and two four (4) foot diameter microwave dishes mounted at a height of 35 feet on a new SO-foot tall monopine structure. A global positioning satellite (GPS) antenna will be attached to the equipment building. The panel antennas and microwave antennas will be camouflaged within the faux foliage of the monopine. The proposed monopine will replace an existing monopole on the property. The project has been planned to accommodate panel antennas on the monopine for an additional wireless carrier. Photo simulations are provided with the application for the city's review. The supporting equipment will consist of four (4) Base Transceiver Station (BTS) indoor equipment cabinets, including battery racks, one (1) electric meter panel, and one (1) telephone interface; the equipment room will be air conditioned. The BTS units will contain the electronic equipment necessary to operate the facility. An emergency generator will be added within the Verizon lease area and will be enclosed by a concrete block wal to attenuate the noise from the generator. The specific location and layout of the proposed equipment room is illustrated in further detail on the site plan and elevation drawings. SITE CHARACTERISTICS The underlying zoning of the proposed site is PC, planned community. The current on- site use is publicly-owned water tank. The proposed use is an unmanned wireless communication facility. The surrounding land uses are as follows: North: South: East: West: Residential (PC designation) Residential (PC designation) Residential (PC designation) Residential (PC designation) COUNCIL POLICY 64 SECTION A. LOCATIONAL GUIDELINES 1. Preferred Locations--The proposed project site is zoned PC, planned community, which is a residential designation; however, the site is a publicly-owned water tank, which is identified in the location guidelines in Council Policy 64, Section A. 1.e. 2. Discouraged Locations--The surrounding properties in the area of the proposed site are predominantly residential, which are discouraged locations and led to the choice of the project site on publicly-owned property. La Costa Reservoir 1/29/2013 Page 2 3. Visibility to the Public-The monopine design will camouflage the antennas from view of surrounding properties and the equipment will be within an enclosed building. The architectural style of the existing building will be unchanged. 4. Co/location-Collocation has been designed into the project; accommodation for additional antennas and space for equipment is available. 5. Monopoles-No monopoles are proposed for the project; the existing monopole will be removed and replaced by a monopine. B. DESIGN GUIDELINES 1. Stealth Design-the proposed camouflage design of the monopine will screen the antennas and the equipment will be within an enclosed building. The generator will be in an enclosed block wall structure and not visible from view. 2. Equipment-the BTS equipment cabinets will be located within an enclosed building and not visible to surrounding properties, roads and highways. Collocation-Collocation has been designed into the project; accommodation for additional antennas and space for equipment is available. 3. Height-the new monopine structure will be at a height of 50 feet. 4. Setbacks-are set by the PC (planned community) zone. 5. Building or Structure Mounted WCFs-the antennas are mounted on a monopine and will be camouflaged by faux foliage; the antennas will not be readily visible. 6. Ground mounted monopoles-the existing monopole will be replaced by the monopine. 7. Lattice Towe,s-not applicable. 8. Undergrounding-all proposed utilities will be undergrounded. POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/ ACOUSTICAL INFORMATION Verizon Wireless is proposing to use Nortel equipment cabinets in the equipment room penthouse; air conditioning units will cool the equipment space. The equipment cabinets will not generate any ambient noise; however, the air conditioning condenser units will generate noise. The condenser units are wall-mounted on the south side of the existing equipment building. The location of the equipment building is southwest of the water tank on the property; the closest residences are 421 feet north, 300 feet west, 140 feet southwest, and 185 feet southeast. 2. OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, a La Costa Reservoir 1/29/2013 Page 3 VZW technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, 8AM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A VZW technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, VZW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. 4. LIGHTING No additional lighting is proposed for the site. 5. COMPLIANCE WITH FCC RF EXPOSURE GUIDELINES All Verizon Wireless sites are designed to comply with FCC RF exposure guidelines and follow up reports will be submitted in accordance with the policy guidelines. At the proposed height of the antennas, which is above 33 feet (10 meters) AGL, the project is categorically excluded from having to determine compliance with maximum permissible exposure (MPE) guidelines per 47 CFR Section1.1307(b)(1). 6.ABANDONMENT Should the site be abandoned, procedures will be followed according to Council Policy 64, C.6. ADDMONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on Verizon Wireless facilities. The batteries are often referred to as "gel cell" type batteries. Specifications for the batteries will be provided as an attachment with the full application. Additional electrical power backup is provided by the emergency generator. SITE SELECTION PROCESS Alternate sites considered in the area were two other water tank sites; however, Verizon had previously established the wireless use at this location and the collocation carrier decided this was the best choice of water tanks in the area for their service. The site provides the best overall coverage for the area and the site has established utility service for power and telephony. The site is remote and removed from the adjacent residential uses. La Costa Reservoir 1/29/2013 Page 4 ... «~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 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 !I! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: lk. [! UJ n w, r~le5s Address: /550 S-cSa nA_ Can y,1 Y1 frvv £rrf1 VI e.,.. l:4± q;J. IRIS Phone Number: ____________ _ Specify list(s): tt,., Regulatory Identification Number: ____ /1~_Cv _________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 04/09 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.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.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superf und/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl. htm P-1(C) Page 2 of 2 Revised 03/09 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): _______________________ _ General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. Name of project: }/2,,(t t--1} n W J f'vit >5 --LA-C!Js TCv Xf. s~r J/t) :11...... Name of developer or project sponsor: Ver r rz-{} n W i () u{,. 5 ;;i Address: /55o 5 S,<111 )._ <Ji. fl '-fOFl thJ.e.., , City, State, Zip Code: re ti J n ~ cA-q 7-.. I.el i Phone Number: _______________________ _ Name of person to be contacted concerning this project: & (0:J_ M lt-c I 4:s~ r Address: 1?ltu1 eti1v1 ,:Cr10 I 3o.?. S-rM~ Pta.cu ' -r City, State, Zip Code: '/;0<:tJ(I di tlo {!__/+ tJ/J... 0) tt Phone Number: J~ 0 --7 I 5 -3'-f I & Address of Project: 301-3 f+if) o... KtJa)...., ~r/~ bu-A Q /l Assessor's Parcel Number: :J. ol3-Jq J-.... /1-~O 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: rncuP, H,ll?t/.u DLvdo~11tt-tiT:1¼rm ~rv-}3u~!tlo,:9 /J,,t,rtni_r Existing General Plan Land Use Designation: ]<L. {Re~il..'-'1-1,fi,J. j /:./w D,kf,tf:Ji,l'=t) f Existing zoning district: 1 / l 11 fl e)_ {:,I) fJ1 ft{ I,[ Jll , T '4 Existinglanduse(s): Wa.±er ilui,k... an,t -suhjLd WLr'.i--{t.<;S &(ty Proposed use of site (~roj~ct for which this form is filed): j(e..,,-e.«111/~,,.,,,_11,n I cf e.. Y,tS n ~ WI r'vU-75 fxµ(d>i · Project Description 10. Site size: _.....1/c...:.,_5-=?J::;____tl_.;;.;C-;;;..;f'e;..;;:;_5.,__ ________________ _ 11. Proposed Building square footage: E "j.l 5-,; Ylh 9 t,o 5J. t21i u I JJ rlJ 41, L sAdr-t;, J 71 I 12: Number of floors of construction: __ ...... n--'-+-(.::;...10..:;..._ _____________ _ 13. Amount of off-street parking provided: <211~ j{JtLc& G C r11.tl1t11 bn/l n t'(/ t/.vh, e,W 14. Associated projects: _.,_(!..:..~<....:tl:..!....:::~==--------------------- P-1(0) Page 2 of4 Revised 04/09 15. If residential, include the number of units and schedule of unit sizes: __ f]f-+-+-/ OJ ________ _ 16. If commercial, indicate the type, whether nei hborhood, city or regionally oriented, square footage of sales area, and loading facilities: _ ___._-"-1-.,._W _________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: n /~ 18. If institutional, indicate the major function, estimated employment per shift, estimred occupancy, loading facilities, and community benefits to be derived from the project: b tl_,,. 19. If the project involves a variance, conditi · · · · · · ate clearly why the application is required: , r M J, C I.Vi (vlt-55 T,,u/~mrnun, ,ons ~, , ,e 5 P-1(D) Page 3 of 4 Revised 04/09 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beachef or hills, or substantial 09 □ alteration of ground contours. -$LL 5r,.J ;4-o o f lll-v1 S 21. Change in scenic views or vistas from existing residential areas or public lands or ~ □ roads. 22. Change in pattern, scale or character of general area of project. □ ~ 23. Significant amounts of solid waste or litter. □ ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ G9 25. Change in ocean, bay, lake, stream or ground water quality or quantity, alteration of existing drainage patterns. or □ f¥l 26. Substantial change in existing noise or vibration levels in the vicinity. □ IE 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, □ ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ ~ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ ~ 31. Relationship to a larger project or series of projects. □ [j) Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: B-/€-la< Signature: ~) ~,Oryt&i: For: Vu,1-u,v, w/rd1s5 P-1(D) Page 4 of 4 Revised 04/09 These simulations are Intended for graphical purposes only and not Intended to be part ol or to replace the lnlormatlon provided on the construction drawings 3/8/2016 La Costa 3023 Alga Rd. Carlsbad, CA 92009 ~ wtnm, Karen Adler From: Sent: Travers, Christal [Christal. Travers@VerizonWireless.com] Wednesday, November 07, 2012 3:42 PM To: Carney, Jennifer; Karen Adler Subject: FW: La Costa Reservoir -HOA Letter Attachments: La Costa Reservoir-HOA Letter (3.69 KB) Forwarding "Remembering that you are going to die is the best way I know to avoid the trap of thinking you have something to lose." Steve Jobs From: PLANCONSJB@aol.com [mailto:PLANCONSJB@aol.com] Sent: Wednesday, November 07, 2012 7:35 AM To: Travers, Christal Subject: Fwd: La Costa Reservoir -HOA Letter Good Morning Christal: Sorry I did not get back to you sooner; I've been out running around in the field. Regarding the HOA approval letter, I was in the process of receiving it (or the HOA meeting minutes) from the HOA representative when this project was transferred to Plan Com. As such, I have checked my files and my past e-mails and I see that I did not receive the HOA approval letter or the HOA minutes at that time. I know that the HOA representative informed the case planner (Shannon Werneke) of the approval, but I'm not sure if a letter was sent to her. The following is the HOA representative's contact information: Sheila Brustkern Community Association Manager Walters Management (760) 930-7832 direct (760) 431-2522 office sbrustkern@waltersmanagement.com The date of the meeting with the HOA was March 13, 2012 in case the HOA approval minutes are needed. Also, Shannon Werneke (case planner) might have an approval letter and she can be reached at shannon.werneke@carlsbadca.gov. I hope this information is helpful and should you have any questions, please e-mail me or call me at (714) 349-5539. Talk to you later, John Bitterly The Planning Consortium 1 \... Cilyof (:arlsl1ad STORM WATER STANDARDS QUESTIONNAIRE Develooment Services -·--"'--·-······-··-···--·- Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Verizon La Costa Reio (La Costa Reservoir WCF) PROJECT ID: ADDRESS: 3023 Alga Road, Carlsbad CA 92009 APN: 223-792-19-00 The project is (check one): D New Development Ill Redevelopment The total proposed disturbed area is: 648 ft2 ( 0.015 ) acres The total proposed newly created and/or replaced impervious area is: 140 ft2 ( 0.003 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building D Ill 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 vou answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; D Ill b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ Ill 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? □ Ill If you answered "yes" to one or more of the above questions, provide discussion{justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... • and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 STEP3 TO ee:CQMPL!TEO FORAU.. NEW OR REOE.WLOPMl:tfr PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ 121 and public development proiects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ 121 more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development oroiects on oublic or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and D [l) refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ Ill development project includes development on anv natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is D 121 a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway □ Ill freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ Ill 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 oroiect to the ESA (i.e. not comminaled 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 □ Ill 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 feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ Ill RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ Ill 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 □ Ill 21.203.040) If you answered "yes• to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' ... " and comolete aoolicant information. E-34 Page 3 of 4 REV02/16 .. STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. D D Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (8/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... • and complete acolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 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. Ill 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. 0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Kenneth Ringer Applicant Title: Architect Applicant Signature: Date: 04/27/2016 • Environmentally Sens1t,va Areas include bllt are not llm,ted to all Clean Water Act Section 303(d) 1mpa1rad water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Cit Use On/ YES NO City Concurrence: D By: D, Date: Project ID: J ... C'1- E-34 Page 4 of 4 REV02/16 ' ~ CHyof (:a rlslJa(i STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project Name: Verizon La Costa Reio (La Costa Reservoir WCF) Project ID: /11~() () , -i ... o'7--- DWG No. or Building Permit No.: Source Control BMPs Qevelopment $_gJJ!J.£g~_ Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual for 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. • "NIA" 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 □Yes I 0 No I 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes I □ No I '1.1 N/A Discussion/justification if SC-2 not implemented: -SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind L\fves [ 0 No t Ill N/A Dispersal Discussion/justification if SC-3 not implemented: 11t4f.f r1c'I c... cJ/Jl1) .... 6 e,.J,!'/1.A ,V (L.. E-36 Page 1 of 4 Revised 03116 Source Control Reauirement (continued) Annlled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes □No IZIN/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes □No IZI 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 auidance). D On-site storm drain inlets □Yes □No IZI N/A D Interior floor drains and elevator shaft sump pumps □Yes □No 1Z1 N/A D Interior parking garages □Yes □No 1Z1 N/A D Need for future indoor & structural pest control □Yes □No IZI N/A D Landscape/Outdoor Pesticide Use □Yes □No IZI N/A D Pools, spas, ponds, decorative fountains, and other water features □Yes □No 1Z1 N/A D Food service □Yes □No IZI N/A D Refuse areas □Yes □No 1Z1 N/A D Industrial processes □Yes □No IZI N/A D Outdoor storage of equipment or materials □Yes □No IZI NIA □ Vehicle and Equipment Cleaning □Yes □No 1Z1 NIA □ Vehicle/Equipment Repair and Maintenance □Yes □No IZI N/A □ Fuel Dispensing Areas □Yes □No 1Z1 NIA □ Loading Docks □Yes □No IZI N/A □ Fire Sprinkler Test Water □Yes □No IZI N/A □ Miscellaneous Drain or Wash Water □Yes □No IZI N/A □ Plazas, sidewalks, and parklna lots □Yes ONo 1Z1 N/A For "Yes• answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 03/16 Site 1Desig:n BMPs All development projects must implement site design BMPs SD-1 through S0-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual 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. Source Control Requirement I / Applied? .~ SD-1 Maintain Natural Drainage Pathwavs and Hvdro!oqic Features I MYes I D No I "Gl,N/A Discussion/justification if SD-1 not implemented: c'{J-ST u1( 011.ttr. "'"-r; [' A ,-1'\) ~a,(.J t>1-;,. ,hl\!' it> P.,{f"'lfr•..S SD-2 Conserve Natural Areas, Soils, and Vegetation I D Yes I D No I 1Z1 NIA Discussion/justification if SD-2 not implemented: ; I SD-3 Minimize Impervious Area I 0Yes I □No l"B N/A Discussion/justification if SD-3 not implemented: I, SD-4 Minimize Soil Compaction I □ Yes I □ No I 1Z1 N/A Discussion/justification if SD-4 not implemented: I SD-5 Impervious Area Dispersion I ~es I □No I MN/A Discussion/justification if SD-5 not implemented: '1 E-36 Page3of 4 Revised 03/16 Source Control Requirement {continued) I Annlied? SD-6 Runoff Collection I D Yes J D No I IZI N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species I □Yes l D No I 1Z1 N/A Discussion/justification if SD-7 not implemented: SD•8 Harvesting and Using Precipitation I □Yes I 0 No 1121 N/A Discussion/justification if $0-8 not implemented: E-36 Page4of4 Revised 03/16 Plancom, Inc. Brent Helming 302 State Place Escondido, CA 92029 Your Reference No: La Costa LTE Property Address: 3023 Alga Rd, Carlsbad, California Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Our File No: 12597039 -10 Title Officer: Chris Maziar e-mail: unit10@ltic.com Phone: (949) 724-3170 Fax: {949) 258-5740 PRELIMINARY REPORT -v2 Dated as of August 8, 2012 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 1 File No: 12597039 SCHEDULE A The form of policy of title insurance contemplated by this report is: Preliminary Report The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Costa Real Municipal Water District The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (11-17-06) Page 2 File No: 12597039 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: A parcel of land being a portion of Parcel 4 of Parcel Map 10179, on file in the Office of the County Recorder of San Diego County, State of California, being a portion of Section 30, Township 12 South, Range 3 West, of the San Bernardino Base and Meridian, in the City of Carlsbad, County of Orange, State of California, described as follows: Commencing at the Southeast Corner of La Costa Meadows, Unit No. 2, according to Map No. 6905, on file in the Office of the County Recorder of said County, said Southeast Corner being a point on the Southeasterly right-of-way of El Fuerte Street, as shown on said Map No. 6905; Thence North 68° 13' 07" East, 1536.70 feet to the True Point of Beginning; Thence South 68° 01' 10" East, 99.51 feet; Thence South 51° 54' 40" East, 141.03 feet; Thence South 22° 52' 25" West, 191.85 feet; Thence South 57° 13' 00" West, 73.07 feet; Thence North 83° 46' 00" West, 83.97 feet; Thence North 22° 02' 11" West, 58.84 feet; Thence North 34° 25' 48" West, 153.00 feet; Thence North 55° 34' 12" East, 10.00 feet to the beginning of a tangent 322-foot radius curve concave Northwesterly; Thence Northeasterly along the arc of said curve through a central angle of 33° 35' 22" a distance of 188.77 feet to the True Point of Beginning. Assessor's Parcel Number: 223-792-19-00 CLTA Preliminary Report Form -Modified (11-17-06) Page 3 File No: 12597039 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 4 File No: 12597039 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2012 -2013 which are a lien not yet payable. B. No taxes are due or payable at this time. Said Property is currently owned by a Governmental Agency. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An easement in favor of the public over any existing roads lying within said land. 3. Any liens and encumbrances, including bonded trust indentures, made or suffered by the Costa Real Municipal Water District. 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: Installment Sale Agreement Dated: May 1, 1984 By and between: Imperial Securities Corporation, as seller and Costa Real Municipal Water District, as Purchaser Recorded: May 24, 1984 as Instrument No. 84-193425 of Official Records Reference is made to said document for full particulars. 5. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: By and between: Recorded: Assignment Agreement May 1, 1984 Imperial Securities Corporation, as seller and Security Pacific National Bank, as Trustee May 24, 1984 as Instrument No. 84-193426 of Official Records Reference is made to said document for full particulars. 6. The matters contained in a document entitled "Easement Agreement" by and between Costa Real Municipal Water District and Daon Corporation, a Delaware Corporation recorded June 15, 1984 as Instrument No. 84-224556 of Official Records. Reference is made to said document for full particulars. CLTA Preliminary Report Form -Modified (11-17-06) Page 5 .. File No: 12597039 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: La Costa Community Antenna System, Inc. Purpose: Recorded: Affects: access June 15, 1984 as Instrument No. 84-224557 of Official Records said land more particularly described therein. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: La Costa Community Antenna System, Inc. pipe lines June 15, 1984 as Instrument No. 84-224558 of Official Records said land more particularly described therein. 9. The matters contained in a document entitled "Certificate of Compliance" recorded July 9, 1984 as Instrument No. 84-257082 of Official Records. Reference is made to said document for full particulars. 10. Any interest of the person(s) shown below whose possible interest is disclosed by their designation as "assessed owner(s)" of said land on the county secured tax rolls. Name: Carlsbad Municipal Water District 11. The description shown in this report is not to be relied upon as a legal insurable parcel. This Company has provided said description only as an accommodation for the purpose of facilitating this report. A description, approved by the appropriate governing agency pursuant to the Subdivision Map Act of the State of California, must be submitted to this Company for review prior to closing. 12. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 13. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. 14. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 15. 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form -Modified (11-17-06) Page 6 File No: 12597039 REQUIREMENTS SECTION: REQ NO.1: The Company will require a certified copy of the Resolution of the Board of Directors of the following corporation authorizing the transaction for which this Preliminary Report was ordered. Corporation: Costa Real Municipal Water District REQ NO.2: The Company will require a certified copy of the Resolution of the Board of Directors of the following corporation authorizing the transaction for which this Preliminary Report was ordered. Corporation: Carlsbad Municipal Water District CLTA Preliminary Report Form -Modified (11-17-06) Page 7 .. File No: 12597039 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: This report is being issued at the request of the client and is not in response to a request for title insurance. Therefore, all references to title insurance in the printed matter of this report or attached hereto are hereby cancelled. All liability assumed hereby is strictly limited to the amount of the fee paid by the client named herein. Any other parties using the information contained herein do so at their own risk. Typist: rh3 Date Typed: April 5, 2011 CLTA Preliminary Report Form -Modified (11-17-06) Page 8 ... ' ~ ld!wyers Title· Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • 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 In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • 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. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (07/26/10) ,.. ATTACHMENT ONE (Continued) 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 to (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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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, lo comply with 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. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE 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. PARTI 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 (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.LT.A. ENDORSEMENT-FORM 1 COVERAGE 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 to (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) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 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 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) 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 (07 /26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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 (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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 to (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) 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) 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, which are 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 (07/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public of this policy, and the Company will not pay loss or damage, Records at Date of Policy, but Known to the Insured costs, attorneys' fees, or expenses that arise by reason of: Claimant and not disclosed in writing to the Company 1. (a) Any law, ordinance, permit, or governmental regulation by the Insured Claimant prior to the date the Insured (including those relating to building and zoning) Claimant became an Insured under this policy; restricting, regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy (ii) the character, dimensions, or location of any (however, this does not modify or limit the coverage improvement erected on the Land; provided under Covered Risk 9 and 1 O); or (iii) the subdivision of land; or (e) resulting in loss or damage that would not have been (iv) environmental protection; sustained if the Insured Claimant had paid value for the or the effect of any violation of these laws, ordinances, Title. or governmental regulations. This Exclusion 1 (a) does 4. Any claim, by reason of the operation of federal not modify or limit the coverage provided under bankruptcy, state insolvency, or similar creditors' rights Covered Risk 5. laws, that the transaction vesting the Title as shown in (b) Any governmental police power. This Exclusion 1 (b) Schedule A, is does not modify or limit the coverage provided under (a) a fraudulent conveyance or fraudulent transfer; or Covered Risk 6. (b) a preferential transfer for any reason not stated in 2. Rights of eminent domain. This Exclusion does not modify Covered Risk 9 of this policy or limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments 3. Defects, liens, encumbrances, adverse claims, or other imposed by governmental authority and created or attaching matters between Date of Policy and the date of recording of the deed (a) created, suffered, assumed, or agreed to by the Insured or other instrument of transfer in the Public Records that Claimant; 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) •• ATTACHMENT ONE (CONTINUED) CL TA HOMEOWNER'$ POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. a. building b. zoning c. Land use d. improvements on Land e. land division f. environmental protection 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records. b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.d., 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and 3. The right to take the Land by condemning it, unless: b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. a. notice of exercising the right appears in the Public Records at the Policy Date; or LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16, and 18, 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 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $2,500.00 (whichever is less) 1.00% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALT A 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 Exclusion does not limitthe coverage described in Covered Risk a.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. lo any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : 1 % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (07/26/10) • ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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 a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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) 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 damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained ii the Insured Claimant had paid value for the Insured Mortgage. 4. Unenlorceability 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 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, except as provided in Covered Risk 27, or any consumer credit protection or truth-in-lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses 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 disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07/26/10) ~ La~rsTitie· } Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 File No. 12597039 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. FNF Underwritten Title Company FNF Underwriter CLTC -Commonwealth Land Title Company CLTIC -Commonwealth Land Title Insurance Co. Available Discounts FEE REDUCTION SETTLEMENT PROGRAM (CLTC and CLTIC) Eligible customers shall receive a $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. DISASTER LOANS (CL TIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (CLTC and CLTIC) r· • No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CLTC Discount Notice Mod. 1/10/2010 CA Discount Notice Page 1 Effective Date: 9/3/2009 r S~rsTitie· Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 } Order No: 12597039 "Notice to Customers" (Involves Residential Real Property in California ONLY) You may be entitled to receive a $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, however, the maximum discount that can be given in this transaction shall be equal to $100 (5 x $20). If your previous transaction involved the same property that is the 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 if 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 quality for a discount which is subject to other terms and conditions. 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