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HomeMy WebLinkAboutSDP 2018-0004; ROMERIA POINTE APARTMENTS; Site Development Plan (SDP)~ I ') ).7 JoJC:> Ccityof Carlsbad Q./JJ £,hn(1~ :J, ~4.r APPEAL FORM Deviibpment services Planning Division P-27 1635 Faraday Avenue (760) 602-4610 RECEIVED www.carlsbadca.gov JUL 2 7 2020 CITY OF CARLSBAD Date of Decision you are appealing: July 15th, 2020 CITY CLERK'S OFFICE '----------1==::::::::::::=:=::::::::::::::::::::::::::=t------- SUbiect of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, {such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. Reasonlsl for the Appeal: PLEASE NOTE: The appeal shall specifically state the reasonls) for the appeal. Failure to specify a reason may result In denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140{b) for additional information {attached). Please attach additional sheets or exhibits if necessary. NAME {Print): Eileen Donovan MAILING ADDRESS: 7555 Romeria Street CITY, STATE, ZIP: Carlsbad, CA 92009 TELEPHONE: 760-822-0206 EMAIL ADDRESS: SIGNATURE: DATE: =-donoy~tlook.com 4/20 P-27 Page 1 of 1 Rev. 05/12 Subject Of The Appeal: This appeal is regarding the Romeria Pointe Apartment Complex SOP 2018- 0004 (DEV2017-0151) which came before the Planning Commission for a second time on July 15th 2020. This appeal is being submitted by Eileen Donovan on behalf of the residents in the adjacent areas to this project that live on Romeria and Gibraltar Streets. The Planning Commission erroneously approved the city's first density bonus project by relying on self-certification by city staff that the project poses NO environmental impact, and awarded density bonus concessions based on Prop E. Reason(s) for the Appeal: On June 11th 2019, over 3 hours was spent on addressing the construction of this project. A decision was made by City Council that night to do a partial CEQA review voted 4-1. Council deemed there were "unusual circumstancesn regarding Romeria Pointe. We ask that you stand behind your decision made that evening. No additional studies were done on our behalf since that date. It was assumed that all further studies would be done by an "unbiased" CEQA review. If decided that a few "extra" biased studies makes you 100% confident that a partial CEQA review is not warranted and there are NO "UNUSUAL CIRCUMSTANCES". We ask then please protect the residents of Carlsbad with insurance and/or bond that the neighboring property will be safe. We need a legal guarantee that our property is safe from potential damage. By not having a CEQA review, everyone is saying that there will be no issues. We may have not done any additional "surveys" this past year but we can attest to instability in soil based on our history of issues. You agreed on June 11th, 2019 there were "unusual circumstances". Article 19 "unusual circumstances" are the exceptions requiring a CEQA review. UNUSUAL CIRCUMSTANCE 1: Romeria Pointe site is a slope. • Not normal flat land with a traditional foundation going on top. • Will use "cast-in-drilled-hole piles" to support this VERY large structure Romeria Pointe. 2013, Villa Romeria sustained major damage because of soil/foundation issues. The foundation was stabilized with push piers. The lift was $25,000. This demonstrates the instability of the land/soil in this area. Neighboring properties have sustained damage as well. UNUSUAL CIRCUMSTANCE 2: Romeria Pointe is 1/10 of a mile from a LARGE Fire Hazard area designated by CAL Fire. This creates parking and traffic concerns. Article 12.5 Section 15192. THRESHOLD REQUIREMENTS FOR EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS 8. (h) The project site Is not subject to wlldland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. Lacosta Ave. is the main road to/from RP. • July 2019 Lacosta Ave. was "downsized" 4-lanes to 2-lanes • 2018, major reason for 88 deaths in Paradise Fire because people could not get out • Several years before fire in Paradise, CA main road went from 4 lanes to 2. Escaping via public transportation not possible. Closest train station is 6.4 miles. The closest bus stop is .06 from Romeria Pointe. The bus schedule is unreliable. If a VMT analysis had been done instead of a level of service (LOS) analysis it may have shown significant environmental impact. Only a LOS was done. (Significant environmental effect on traffic-Section 15332(c)) There was a March 2017 agreement with North County Advocates. In order to qualify for an exemption set forth in sections 15193, 15194 or 15195, a housing project must meet all of the threshold criteria. (a) The project must be consistent with: 1. (1) Any applicable general plan ..... Consistency with the general plan and zoning regulations-Section 15332(a) - Romeria Pointe is not consistent with Carlsbad's General Plan. The dwelling unit density is higher than allowed by its R-23 land use designation requiring a density bonus. RP is not consistent with Carlsbad's Zoning Ordinance. The building height is higher than the maximum allowed by its RD-M development standard. This will not be cohesive with the surrounding neighborhood. Due to the extra height will create light and shadow issues. As stated before this area of Carlsbad is known for poor soil. The City issues a contract in excessive of $400,000 to address storm water issues. Already mentioned above, the slippage of Villa Romeria. CE QA review, and EIR, and engineering report, soil sampling, and traffic study are warranted. The underlying principles behind Proposition E, establishing policy for number and allocation of excess dwelling units has been the subject of recent court decisions. Continuing a policy that is contrary to court decisions and awarding concessions is contrary to public policy ad exposes the City to legal and financial liability. Knowing the massive disturbance of soil, the known slippage in the area, stormwater issues, and its proximity to Box Canyon/fire hazard, we respectfully request you support your decision for proper environmental and engineering testing. ~------------------------------------------7 490l3 'CUSTOMER'S OROER NO. I DEPARTMENT IDATEr.7 /Jr;/ Jo:.>c-1 NAME r_~e..o_Q/) f r,)/ \{)(.,~,; ADDRESS I) St. ·-;--..:-:-~ f ,{fl' IJ.J...A.Ja...... ,. .;: . '--1_,~ CITY, STATE, ZIP C () /"' I _( \::i .If J.---...~ ~ I -C) :J...vcr1 SOLD BY I CASH I C.0.0. I CHARGE I ON.ACCT. r QUANTITY DESCRIPTIQ,N 1 I j 1 £::fJ l(l.l -..· 9-+JuLt rt::L 2 f .1 t.:)..., 1, l...t.~./lL{ r(','(..,,. 3 Ctr\" CU) 4 CJ._.{?__rl}/ =Jj. Lj3L/ 5 dt.'oJ_i.-i::fJ -;/Jy/;;:-J!}C 6 7 8 OD/ 3;)10 ~ L/?13 9 10 11 12 13 14 15 -- 16 17 18 JI / .. RECEIVE(l~BY_. -~ ff 'l 7 7 /~J 1 -\. .... A. r ~ . ,,. ., lA,.,-'1'r.Ar'l-~ A-5805 T-46320/46350 KEEP THIS SLIP FOR REFERENCE I MDSE. RETD. I PAID OUT ) PRICE AMOUNT 'I .. --. }(/ (,0 0 . ~ ' ~ 01-11 ! Sublect ot the Appeal; I t5,0fl • Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 r----...Wll~aQ!i11i51ca.gov MAR 2 8 2019 CITY CLERK'S OFFICE BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Pennit, Planned Unit Development, Minor Conditional Use Pennit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. Reason(a) for the App•I; PLEASE NOTE; The appeal shaU speclflcally state the reason{§) for the appeal. Fallure to apacHy a reason may l'flUlt tn denlal or the appeal. and you w111 be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits If necessary. NAME (Print): Susan Ortman MAILING ADDRESS: 7551 Romeria Street CITY, STATE, ZIP: cartsbad, CA 92009 TELEPHONE: 760-450-6405 EMAIL ADDRESS: etonlodge@aol.com SIGNATURE: DATE: 3/27/19 P-ZT Page 1 of1 Rev. 05112 0 , er Subject of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. ff a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. This appeal is regarding the Romeria Pointe Aparbnent Complex SDP 2018-0004 (DEV2017-0151) which came before the P1anning Commission on March 20'\ 2019. This appeal is being submitted by Susan Ortman on behalf of the residents in the adjacent areas to this project that live on Romeria and Gibralter Streets. The Planning Commission erroneously approved the city's first density bonus project by relying on self certification by city staff that the project poses no environmental impact, and awarded density bonus concessions based on Prop E. Beason(.s,) for the Appeal; PLEASE NOTE; The alQ)eal shall apecifieally state the reason(~ for the appeal Failure to s.pecify a reason may molt in denial of the appeaL and you will he limited to the grounds stated here when presenting ygurappeaL BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54 .140(b) for additional information ( attached). Please attach additional sheets or exhibits if necessary. The Planning Commission erroneously approved the city's first density bonus project by relying on self certification by city staff that the project poses no environmental impact, and awarded density bonus concessions based on Prop E. The City Planner and Engineer testified this project also qualified for "in-fill exemption" as "no extraordinary circumstances exist". Testimony DTovided in writin~ bv without them. The proposed site is on a slope on two elevated plots approx 20 feet from street level. The plan calls removing 12,000 cubic yards of soil -appx 5 feet of top soil to hold two building with heights between 48 feet and 71 feet -The current max height in the city is 35 feet. (See attached slide from March 20, 2019 Planning Meeting) As shown, the buildings would be built close to property lines and would serve as retaining walls. These massive structures would be supported by drilled piles driven 16-37 feet into bedrock and from street level would appear to be approximately seven stories tall. The City Engineer testified " Quality of soil is not adequate to hold load of building" and said it was unusual to have these piles supporting the entire structure. Knowing the massive disturbance of soil, the known slippage in the area, stormwater issues, and its proximity to the La Costa/Romeria preserve, we respectfully request review and proper environmental, and engineering testing before proceeding forward ~ ,,,_,,.,/ surrounding property o~ers and by speakers at the meeti~ contradict this finding. In addition, City Staff, knew or should have known significant environmental and engineering concerns exist as the City of Carlsbad was involved in lengthy and costly litigation regarding slippage of multi family dwelling units in the area, and expended considerable public dollars to resolve them. Specially, significant environmental issues exist on Romeria Street, as the City issued a contract in excessive of$400,000 to address storm water issues. In addition, the Condominium complex immediately adjacent to the project site suffered "slippage" and had to be lifted. Extensive engineering, soil sampling, and geotechnical work had to be completed with oversight by the city. · This information was critically important in helping the commissioner making a decision as the proposed project calls for removing 5 feet of soil and denuding a portion of the hill to collect, treat, and store stormwater. CEQA review, an BIR, an engineering report, soil sampling and a traffic study are warranted Two Commissioners questioned the lack of a CEQA or environmental review and were repeatedly told the city could self certify. At no time where the past and existing dangers of slippage and the actions taken by the city were shared with the a Commissioners to help them make an informed decision The developer obtained concessions ,from the city based on questionable policy. Without these concessions, the maximum amount of units allowed on the site would be 17 and the maximum height would be 35 feet Because concessions were awarded, the maximum height will now be 71 feet and 23 units will be built on the site. Commissioners relied on staff testimony and PowerPoints that concessions were being granted as the project was "getting unit's out of city's bank." The underlying principles behind Proposition E, establishing policy for number and allocation of excess dwelling units has been the subject of recent court decisions. Continuing a policy that is contrary to court decisions and awarding concessions is contrary to public policy and exposes the city to legal and financial liability. CEQA, an EIR, an engineering study, traffic study and soil samoline are warranted and the oroiect should not oroceed ✓ -------------·, ,,; C (·city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ( APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ~ Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits ~,1-000~ D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan D Zone Change D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review-Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) *SAME DAY APPOINTMENTS ARE NOT AVAILABLE (STREET ADDRESS) ESTIMATED COMPLETION DATE '-· .-OR CITY USE ONLY Development No. 0€ J 1.,-t f'1 -() \ S \ Lead Case No. P-1 Page 1 of 6 Revised 03/17 C 0 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME S.1""11A:-(if applicable): UM COMPANY NAME (if applicable): t.\ MAILING ADDRESS: ~'!zioo :ilA 'CEl.., Uo CITY, STATE, ZIP: ~~n ~"->~ o. ~Zllfb1 TELEPHONE: (g_'-11 )q1I -Zl~ EMAIL ADDRESS: YAM~111A@~MA\L-,(b(v\ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOS'1\0F THIS APPLICATION. . /C~ l-, 1'.'--o/" ~ '"" l,i SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): COMPANY NAME rf applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: t CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE MAILING ADDRESS: ~'\2 C,liMl~C) G :tft5JJZ et.c.A CITY, STATE, ZIP: .8at--J CJ S:M~ CA qu;-r'7-- TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDG IN T PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAL B~ A~SSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 EC~!Vf.~Q FEB 21 2018 C!TY o:= e,:.::,.:.l_~~.,,' • f-':__.~,~:\l;;\C :..::: ... ~ ... ; DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 ( City of Carlsbad DISCLOSURE STATEMENT P-1 (A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 FEB 21 2018 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership , joint venture, association , social club , fraternal organization, corporation , estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application . If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ram Setya Corp/Part BNR Investment and Development Title Managing Memeber Title --------------Address 23800 Via Del Rio, Yorba Linda CA 92887 Address 23800 Via Del Rio, Yorba Linda CA 92887 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common , non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ram Setya Title Managing Memeber Address 23800 Via Del Rio, Yorba Linda CA 92887 Corp/Part BNR Investment and Development Title --------------- Address 23800 Via Del Rio, Yorba Linda CA 92887 Page 1 of 2 Revised 07/10 ... 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non Profit/Trust _________ _ Title ------------Title _____________ _ Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ 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. __ £_~_/,...,,_~---------~,_-t.•/•i Signature of owner/date Signature of applicant/date Ram Setya Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Ccicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Romeria Pointe Apartments APPLICANT NAME: John Allen Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ------------------------ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Merge two parcels of land, APNs 216-300-12-00 and -13-00, totaling 31,430 square feet (0. 72 acres) for the purpose of constructing two new apartment buildings containing 23 units total. Project consists of (2) four-story buildings containing a total of 20 market rate units and 3 affordable units. Both buildings are a podium design with parking on the ground floor and three stories of living area above, with two community room spaces and a landscaped courtyard area in between buildings. P-1(6) Page 1 of 1 JUL O 2 2018 CITY U, C: ,r<l_::::, '\0 PLANN1NC DIVl2:8N Revised 07/10 (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) - Development Services Planning Division 1635 Faraday Avenue FEB 2 1 2018 (760l 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): Ii] 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 propose::! in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Ram Setya Address: 23800 Via Del Rio Yorba Linda, CA 92887 Phone Number: {949) 981-2104 PROPERTY OWNER Name: Ram Setya Address: 23800 Via Del Rio Yorba Linda, CA 92887 Phone Number: {949) 981-2104 Address of Site: ___________________________ ----'-- Local Agency (City and County): Carlsbad' San Diego County Assessor's book, page, and parcel number:_2_1_6_3_0_0_1_2_0_0_,_1_3_0_0 __________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): 2163001200,-1300 General Information 1. Name of project: Romeria Pointe Apartments 2. Name of developer or project sponsor: _B_N_R_D_e_v_e_lo_p:__m_e_n_t ________ _ Address: 23800 Via del Rio City, State, Zip Code: Yorba Linda, CA 92887 Phone Number: ------------------------- 3. Name of person to be contacted concerning this project: Juintow Lin ------------ Address: 392 Camino de Estrella City, state, Zip code: San Clemente, CA 92673 Phone Number: (949)325-3001 4. Address of Project: Romeria and Gibralter. No address assigned Assessor's Parcel Number: 2163001200,-1300 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. Existing General Plan Land Use Designation: _R_2_3 _____________ _ Existing zoning district: _R_D_-_M ___________________ _ Existing land use(s): Residential ----------------------- 9. Proposed use of site (Project for which this form is filed): Multi-family apartment complex Project Description 10. Site size: _._7_1_6_a_c_re_s _____________________ _ 11. Proposed Building square footage: _3_1_,_0_6_7_S_F ______________ _ 12: Number of floors of construction: _3 __________________ _ 13. Amount of off-street parking provided: _3_0_S_;;p_a_c_e_s ____________ _ 14. Associated projects: _______________________ _ P-1(0) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _1_5_U_n_it_S_. ____ _ 887, 1006, 988,897, 3037(2), 2810(2), 1903, 1134, 1120 2367,2004, 1848,2256, 1900 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing resider,tial areas or public lands or 0 □ roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. 0 □ 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 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: __ ___.-z.-=1/c.....:1,,:;...1--1/~':.....:,I>.__ __ _ Signature: ~~~ For: P-1(D) Page 4 of 4 Revised 07/10 { City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of th is application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: ~l,._,~ Staff Signature: Date: To be stapled with receipt to the application FEB 2 1 2018 I P-1(E) Page 1 of 1 Revised 07/10 Q Density Bonus Letter I Carlsbad CA prepared by Foxlin Architects on 02/21/2018 To Carlsbad Planning, architectural design and consulting Thank you for looking at our design for the Romeria Apartments. The unit count has changed from 12 units submitted at preliminary review to 15 units. Shortly after the preliminary review, we increased the unit count to 13 to make the project more financially feasible. This added 3 required parking spaces, which resulted in a number of series of three retaining walls at the end of the parking driveway and a need for subterranean trash enclosure, both in in Building A (shown below). We then added affordable units in order to reduce the parking and therefore make this project possible. We consulted with Ms. Debbie Fountain and have elected to invoke the density bonus law. We are proposing to build 15 units, 2 of which is affordable. This law allows us to reduce parking requirements and use a zoning incentive. Specifically, we would like to request a concession from the building height requirement, along the western side of "Building A". The building site is very sloped, which has made it challenging. The area that is slightly over height limit is tucked behind the lower building and away from the road. Kind Regards, Ram Setya BNR Development Signature: 02/21/18 FEB 21 2018 ~ 'I -~"' ./ . ..:_, .-. ,. 392 camino de estrella san Clemente califomia 949 325 3001 (p) 949 203 3339 (0 info@foxlin.com (el www.foxlin.com .. \ ' \ \ \ \ ' 11 \ I I' I I I ~ I \ \ ,/ \ I ' \ I \ z< , ~ L __ , ~ w 0: : ~ <( 0: : w := E 0 0: : ~~~ " - r - - DR I V E W A Y EIT T R V I ·-- - - - - - · - ·-· - · - · - ·- ·- ·- --- - ·- ·- ·- ·- ·- •- ·- ·- ·~ __ _ ~ \. - @ ■ PROJECT LOCATION ■ PARK & RECREATION FACILITIES ,- SCHOOL COMMERCIAL RETAIL BUS STOP 0 'tl / 5 5 w -0,-.,& "'tr .n,._ Romeria Pointe Slope Analysis ~ FEB 2 1 2018 F _ _. en • . ~ ~ 0 15 30 60 I Fl I I Feet scale: 1"=30' ~ MichaerL. Benesh R.C.E. 37893 Slopes Table Number Minimum Maximum Color Slope Slope 1 0.10% 14.90% ■ - 2 15.00% 24.90% --3 25.00% 40.00% - 4 40.10% 320.00% ■ 1/26/18 Date Area (acre) 0.360 0.020 0.034 0.296 _) 0 RO,r,erlo strut s s w1---------w Romerio Pointe Slope Anolysis w* ttj 15 30 60 I Fl I IF••t scale: 1"=30' ~ M1choel L. Benesh 1/26/18 Dote R.C.E. 37893 ~ Slopes Tobie M1n1mum Maximum Number Slope Slope Color Areo (ocre) 1 O.!Oo/. 14.90% ■ 0.360 2 15.00% 24.90¼ 0.020 I 3 25.00¼ 40.00% 0.034 4 40.10¼ 320.00¼ ■ 0.296 I 0 0 e Fidelity National Title Company 1300 Dove Street, 3rd Floor, Newport Beach, CA 92660 Phone: (949) 788-2800 • Fax: (949) 341-0251 Issuing Policies ofFidelity National Title Insurance Company Title Officer: Thomas Robles Phone: (800)410-4000 Fax: (949) 341-0251 Email: Teamrobles@fnf.com Streamline Development Group 2266 Grand Avenue #26 San Diego, CA 92109 ATIN: John Allen YOUR REF: R~C-r:=i,.,..--__, I.:-. , "··-• ~ >u ., ___ j SEP 13 2018 CITY OF C!-.RL'=' :--. "rJ PU·.Nrm,JG ~: ,j, , . ~: J PROPERTY: Vacant Land (Romeria Street), Carlsbad, CA PRELIMINARY REPORT ORDER NO.: 00206775-997-OCl-TRl LOANNO.: In response to the application for a policy of title insurance referenced herein, Fulelity National 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 refe"ed to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a 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. 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 The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or refen-ed to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encambrances affecting title to the land. JJ:~ Authorized Signature CL TA Preliminary Report Form -Modified (11/17 /06) Page 1 e Fidelity National Title Company 1300 Dove Street, 3rd Floor, Newport Beach, CA 92660 Phone: (949) 788-2800 • Fax: (949) 341-0251 PRELIMINARY REPORT EFFECTIVE DA TE: August 23, 2018 at 7:30 a.m. ORDER NO.: 00206775-997-OCl-TR2 The form of policy or policies of title insurance contemplated by this report is: CL TA Standard Coverage Policy of Title Insurance ( 4-8-14) I. THE ESTA TE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTA TE OR INTEREST AT THE DA TE HEREOF IS VESTED IN: BNR Investment & Development, LLC, a California Limited Liability Company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Fonn -Modified (11/17 /06) Page2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company ORDER NO.: 00206775-997-OCl-TR2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 393 AND 394 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970. APN: 216-300-12-00 and, 216-300-13-00 CL TA Preliminary Report Fonn -Modified (l l/l 7 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Fidelity National Title Company ORDERNO.: 00206775-997-OCI-TR2 EXCEPTIONS AT THE DA TE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property truces, which are a lien not yet due and payable, including any assessments collected with truces to be levied for the fiscal year 2018. 2. The lien of supplemental or escaped assessments of property truces, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 3. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: March 10, 1970 Recording No: Instrument No. 43138, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Affordable Housing Agreement April 24, 2007 City of Carlsbad, a municipal corporation and BNR Investment and Development, a California limited liability company May 7, 2007 Instrument No. 2007-0309027, of Official Records Reference is hereby made to said document for full particulars. 7. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: Affects: $500,000.00 March 20, 2017 BNR Investment & Development, LLC, a California Limited Liability Company Commonwealth Land Title Company Pacific Premier Bank 6580048011 March 27, 2017 Instrument No. 2017-0137415, of Official Records The herein described Land and other land. CL TA Preliminary Report Form -Modified ( I 1/17 /06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Fidelity National Title Company ORDER NO.: 00206775-997-OC1-TR2 EXCEPTIONS (Continued) 8. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by deed of trust shown as item above Assigned to: Recording Date: Recording No: Affects: Pacific Premier Bank March 27, 2017 Instrument No. 2017-0137416, of Official Records The herein described Land and other land. 9. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hazardous Substances Certificate and Indemnity Agreement March 20, 2017 BNR Investment & Development, LLC, a California limited liability company; Satinder Singh, Nilesh Desai and Ram Setya and Pacific Premier Bank March 27, 2017 Instrument No.2017-0137417, of Official Records Reference is hereby made to said document for full particulars. Affects: The herein described Land and other land. 9. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 10. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 12. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Fidelity National Title Company ORDER NO.: 00206775-997-OCl-TR2 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: BNR Investment & Development, LLC, a California Limited Liability Company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 3. The transaction contemplated in connection with this Report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. 4. Please call the Title Department five (5) days prior to the contemplated closing to determine if additional documents or information is required. Phone Number: (949) 788-2800 END OF REQUIREMENTS CL TA Preliminary Report Form -Modified ( 11/17 /06) Page6 PRELIMINARY REPORT YOUR REFERENCE: Fidelity National Title Company ORDER NO.: 00206775-997-OC1-TR2 INFORMATIONAL NOTES SECTION I. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: Bill No.: Affects: 216-300-12-00 2017-2018 $3,136.05 $3,136.05 $0.00 $582,778.00 $0.00 $0.00 09046 None shown Lot393 3. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: Bill No.: Affects: 216-300-13-00 2017-2018 $2,111.21 $2,111.21 $0.00 $389,349.00 $0.00 $0.00 09046 None shown Lot392 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. CLTA Preliminary Report Form -Modified (11/17 /06) Page7 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES (Continued) Fidelity National Title Company ORDER NO.: 00206775-997-OCI-TR2 8. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third party service. If the above requirements cannot be met, please call the Company at the number provided in this report 9. Amended Civil Code Section 2941, which becomes effective on January l, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full. In the event that the reconveyance fee and the assignment, release or transfer are not included within the demand statement, then Fidelity National Title Insurance Company and its Underwritten Agent may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. END OF INFORMATIONAL NOTES Thomas Robles/sp 1 CLTA Preliminary Report Form -Modified (l l/17/06) Page 8 ::1w1RESAFE ... i lnquirebeforeyouwire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUIBENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Internet Crime Complaint Center: http://www.ic3.gov Wire Fraud Alert Page l Original Effective Date: 5/11/2017 Current Version Date: 5/ll/2017 WIRE0016 (DSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application ( each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services,jointly or independently. When Information ls Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; FNF Privacy Statement (Eff. 5/1/2015) Last Updated March l, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Pagel Order No. 00206775-997-OCI-TR2 • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable Jaws, or to protect the rights, property, or safety ofFNF, its customers, or the public. The law does not require your prior authoriz.ation and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authoriz.ation or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by Jaw. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganiz.ation, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO(@.,ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont Jaw, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (I) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by Jaw or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes FNF Privacy Statement (Eff. 5/1/2015) Last Updated March l, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00206775-997-OC l-TR2 By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Infonnation, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fuf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00206775-997-OC1-TR2 Notice of Available Discounts Pursuant to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTCCA-Fidelity National Title Company of California Available Discounts FNF Underwriter FNTIC -Fidelity National Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area. which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 12/02/2014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: l. 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 limit the coverage described in Covered Risk 8.a, 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is Jess) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is Jess) 1.00°/o of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is Jess) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay Joss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or ( e) resulting in Joss 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 Jaws 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 Jaw. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, 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 l l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against Joss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PARTI (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: l. (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. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (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: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 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 or28); 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 1 l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV ii ;i -i c;· ,l Ir. . t 1 .. ~~ a,;; h · e'[ I a· =·' i[ ~r ,I l r : &. t' ; ..!f C. 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