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HomeMy WebLinkAboutCDP 2019-0009; AKIN RESIDENCE; Coastal Development Permit (CDP)LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) DevelopmentPennits ~ Coastal Development Pennit D Conditional Use Pennit D Minor D Extension D Day Care (Large) 0Mino D Environmental Impact Assessment D Habitat Management Pennit 0Mino D Hillside Development Pennit D Mino D Nonconfonning Construction Pennit □ Planned Development Pennit 0Mino D Residential D Non-Residential □ Planning Commission Detennination □ Reasonable Accommodation (FOR DEPT. USE ONLY) Legislative Permits ( ti>~,cr- r r r ~CZneral Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Pennit D Administrative D Minor O Major Village Review Area Permits □ Site Development Plan 0Mino r D Review Permit □ Special Use Pennit D Administrative D Minor D Major □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) □ Variance D Minor (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: (STREET ADDRESS) NAME OF PROJECT: AtlM fl?&ll>e:Na BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY DevelopmentNo.--})j::"V :JO l q -OOS, P-1 ESTIMATED COMPLETION DATE Lead Case No. Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME _5,q}>{L/ ,M. A-kl N (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: 8 ~3 q_ 511-N BAA6G I! WR.t CITY, STATE, ZIP: £ L.I< G,R.Dv € t c..A ~S'b7-ll TELEPHONE: ~Q1-~3J.-<ir~t~ EMAIL ADDRESS: M~a bt Atl#G!..'fA.t1.tJll. ( ~ 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 P OSE OF THIS APPLIC TION. ' ' DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: 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 KNOWLEDGE. SIGNATURE DATE APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME 1JntlU4&1tl (if applicable): COMPANY NAME (if applicable): 84¥[Jtl~Qf)P€ MAILING ADDRESS: '?/'. #[110 CITY, STATE, ZIP: "/"2.oo6 TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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. INI/E 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 AND BIND ANY SUCCESSO S IN INTEREST. I FOR CITY USE ONLY P-1 E REC~~IVED APR O 4 2019 CITY OF CARLSBAD o~p-~f\111' :c :J!'JJS;::~ J Page 2 of6 REr-· ··"'-) A.p[_ (, ,;, ' -I CfT\ 0 ,, AD b DATE STAMP APPr:it9r')t)N RECEIVED Revised 03/17 --·-----------., . ·------------"-------------. ,r· (_ City of Carlsbad DISCLOSURE STATEMENT P-1 (A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 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 J/PA Jf'Afq)H Corp/Part. _________ _ Title Af{:tfr,e.q Title _____________ _ Address:2-3-33 S/ff/£ $[6'/co Address _________ _ OWNER~t1r's~e~2 «;/!> 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ~I M · ff.IN ------,--------- Tit I e __ ~_N_e(J.... ____ _ Corp/Part ____________ _ Title ______________ _ Address bfJo/J ~ "1AA;~ Address _________ _ ELJ-:GhN-E1 CA 151p2..f _______ _ 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. Print or type name of owner 1'111 trflf:Dtl Print or type name of applicant Signature of owner/applicant's agent if ~pplic?ble/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 { City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: A1'4N [es/l)e,JC,€- Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: _7l~'JH~~'-'-'--~7l.L.<.N....._ ____________ _ 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: AffUcAnoN fop.. .A ~ telBAP#(~ ~,r 1ftl.. l}eMAt.11JO/J of ~N6 ,3rU') ~cnotJ DF #{!k) Der/tt:tfdD ~JIJ6le f/nlJJL'f Pi-S/OeNtE. ~ ~ ~tAfJE:,, ~, ~I(::;, ./tNI) ~t#Jb, f'(lovsrr Del,/1,1,.J AAJ:J,aP"\1es 'Me ~ /111~ fe(J-- 'ffff, ~ APEA to~ /Ht(i'tOVEKteN{ fPoJ ~ //.JC.LUO/Nb ~r/17tt,l or ~ST/Nb C-fo~~, P-1(8) Page 1 of 1 Revised 07/10 l • j (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-1 (C) Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): □ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application .!ill! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: 7'JH /h'Jf•[W Address: ~33 ?/fr7E. 1f: -'-/,r, Name: SADR/ ftklN Address: BB71 ~h£?A ~ EU-. ~e~ G4 er;~2i ~I)~ et 12006 Phone Number: 1bo -1Z-1-3f 1o 7 Phone Number: t/fo 1 · k32. • $/p ]f Address of Site: G?!/t> ~&40 '/bl--Yl> Local Agency (City and County): e/P'/ fJf: ~ I $dH D/01) ~ttty Assessor's book, page, and parcel number:_~_,"""'0;....._•_0i..,,.~-~-_-_()__..'j __________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: A/41J F-fS{DeJJ{.6 2. Name of developer or project sponsor: --'$4/),4./~EL.....__IH:.:..:.. .... · A~f'I.....L:~~---------- Address: f)6~1 ~ Mr City, State, Zip Code: eLf-1,fo/~ U '7'5t:, i,4 Phone Number: '/o i • V3 z_. 8'{p 7'i 3. Name of person to be contacted concerning this project: 1/JH IIAP-72,J Address: ~ 7[)'t{E, ~ ii /(X) City, State, Zip Code: ~, t:A" t:/z..«:> S > Phone Number: 7ho '72.fJ, ?,f1o 4. Address of Project: 5Z!jo ~ fJ,4o ~VJ) Assessor's Parcel Number: -.:::il;..&....;;.o_-_(;;::;...z:b;.J3>,:;;.._-_o ...... r<--------------- 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: ~ l»SUfHtei'ft= ~t{44fJT; (;Jrt ()f ~ 6. Existing General Plan Land Use Designation: _______________ _ 7. Existing zoning district: _._/?:_·..:../ ___________________ _ 8. Existing land use(s): --"yf-'-"----------------------- 9. Proposed use of site (Project for which this form is filed): /£11tt;(telJ ~fJblE ftMII~'-/ Project Description 10. Site size: ft/poo Sf 11. 12: 13. 14. P-1(O) Proposed Building square footage: .... ~'---jiJ~£'----""6f'---'-~~--'·-~-1,'-'.r"_Sf......_--=~'--=--__,;;,a=-.. ---- Number of floors of construction: __ 2-_________________ _ Amount of off-street parking provided: __ 2-________________ _ Associated projects: ~ ~ A(lEA Co4SJtl1.. /J11&YIW6Jvj:fr'4Je,;:r C{,f11 If ~o~ Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: /IJlvlf 3if S: 'Sf 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) Page3 of4 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 D ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or O ~ roads. 22. Change in pattern, scale or character of general area of project. 0 23. Significant amounts of solid waste or litter. f8¾,L,t7) ~ of-~IS[. ~ ~ 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 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. l;&tot../ 7),,/,J i C(J.J~c;f)QAJ 11/Asrc 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. 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. ~·~ Signature: --;wn--~---~----1--1----------Date: I For: P-1(0) Page 4 of 4 Revised 07 /10 MARTIN M ARCHITECTURE Suite 100 Carlsbad, CA 92008 2333 State Street 760·729·3.470 (O) 760·729·3.473 (Fl 858·349-3474 (C) tim@martinarchitecture.com www: martinarchitecture.com April2,2019 PROJECT: AKIN RESIDENCE 5290 CARLSBAD BL VD SUBJECT: ENVIRONMENT AL SETTING -PRE-PROPOSED DEVELOPMENT Existing site is a relatively level home site, sloping approximately 2' from northeast to south and west. A low 2' high retaining wall runs along the north side of the property, retaining the grade of the northerly property. A 2 story wood framed structure constructed in 1983 occupies the site, along with associated driveway, hardscape, fencing, and landscaping. Existing site is within a developed neighborhood, with an even mixture of 1 and 2 story homes. Site fronts Carlsbad Blvd. to the west. All neighborhood home sites are landscaped with ornamental plantings. There are no native plantings or natural settings in the area. Tim Martin, AIA Principal Martin Architecture ."O• > CD "O <ti ..0 "' ~ <ti (.) 0 jll 0) N I II) MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requiring application submittal must be submitted by appointment". Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ ⇒ ⇒ ⇒ New eside~ial Square Footage: J1. ,.. 6F square feet x $ /1o ,7) /sq. ft. = $__,_71'......,__2"-/'--~----=---- Residential Addition Square Footage: ~Ir"' ______ square feet x $ ___ __;/sq. ft.= $~~~-~ftJ■~,:"~--- Any Gar~~ Square Footage: 5f:L ,p square feet X $ /Zo• 1\ /sq. ft. = $_..a::;~-~..,,_/_c,\:,C)~---- Residential Conversion Square Footage: ______ square feet x $ _____ /sq. ft. = $ ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $ ___ __,'/:.__2_t;_,(.;t:Q _______ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate).,;g!. C. Street address of proposed development '71/lo ~ /!,I-VD. P-6 Page 1 of 6 Revised 05/17 D. Assessor's Parcel Number of proposed development Z/o -e,~ -t'J't E. Development Description: Briefly describe project: '/l1WAld1JPN ~f E:f./jf]NI:, 'SF fe.$//Je/JCE NPJ ~IJJbLc fflWIL'f QE'J'lrelfEY) fef>l{)§Nu; w/ '2-of@..~ ~ {AN/ti, M#? ~ Poflqi • F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: _ __... _______________________ _ South: ---------------------------East:_....;...& ________________________ _ West: _________________________ _ G. Is project located within a 100-year flood plain? Oves )'[No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? igves D No If yes, please describe. /;'1,/${) Nb /)e[)tt::#E;O ,1Nbt£ f/s,HJL'f f1$1~ B. Will any existing structure be removed/demolished? CB'ves D No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). liL :"' Lb. De'Htl.#JSH f>JTlff E:&'11Nk fl.l:.StOfY¥,€ tWfJ ~ tfwl ~~ 'frE IJltrr,v'~ Ill. LOT COVERAGE A. Existing and Proposed Existing PrQ12osed Total Building Coverage 0 sq. ft. z~-z.~ sq. ft. 1,1,z,1, sq.a ~ % Landscaped Area 0 sq. ft. 'Z-73~.ft. 1-73'1... sq. ft. 1-1 % Hardscape Area " sq. ft. [J,~ sq. ft. /2.'fo sq. ft. l'1 % Unimproved Area (Left Natural) 0 sq. ft. 0 sq. ft. C> sq. ft. % P-6 Page2 of6 Revised 05/17 B. Parking: Number of existing spaces O Number of new spaces proposed __ '2-___ _ Existing/Proposed TOT AL: -Z. Number of total spaces required ___ 2-___ _ Number of covered spaces '2. Number of uncovered spaces ____ o ___ _ Number of standard spaces NA Number of compact spaces /vA Is tandem parking existing? D Yes # __ Qr No Is tandem parking proposed? D Yes# %,. No C. Grade Alteration: Is any grading proposed? ~ Yes ONo If yes, please complete the following: 1. Amount of cut 0 cu. yds. 2. Amount of fill '2.o cu. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope 0 feet 5. Amount of import or export .Z.5 cu. yds. 6. Location of borrow or disposal site NA P-6 Page 3 of 6 Revised 05/17 ( City of Carlsbad I INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development ervices Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov 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: Al4N kslDeAJCE. PROJECT ID: ADDRESS: J'j Zq o CA{4.S4,4{) iLvt> APN : '2/ 0 -(),3-0 'f The project is (check one): p(New Development D Redevelopment The total proposed disturbed area is: lt/1,oo ft2 ( . lf' ) acres The total proposed newly created and/or replaced impervious area is: ~2, ft2 ( , 0~ ) 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 of4 REV02/16 STEP 1 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 □ Jg 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 you 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; □ >if 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 □ ~ 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? □ 8 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 04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT 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, □ ~ 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 □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is ~ a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ refreshment stands 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 □ ~ development project includes development on any 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 □ )<{ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ ~ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the 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 □ 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 proiect to the ESA (i.e. not comminqled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ 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. 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ ~ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040) 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 complete aoolicant information. E-34 Page 3 of 4 REV 04/17 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. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/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 BMP'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 applicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ,i1 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' storrnwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: 1Jhf 1114/J..-l)PI Applicant Title: &a/z7at. Applk:ant Signature: ~' ~-Date: 01}7/19 .. .. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired 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 City Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 City of Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information Project Name: A/4.N Pe'blDel.JCE Project ID: DWG No. or Building Permit No.: Source Control BMPs Development Services 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 (Volume 5 of City Engineering Standards) 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~ustification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addres ed by the BM (e.g., the project has no ou tdoor materials storage areas). Discussion/justifica ion may be provided. Source Control Requirement Applied? -SO 1 Prevention of Illicit Discharges into the MS4 _)(Yes □No 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes □No J(N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □Yes □No pi.NIA Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Requirement {continued) ADDlied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □Yes □No LKN/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal J(Yes □No □ 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 guidance). □ On-site storm drain inlets □Yes □No li(N/A □ Interior floor drains and elevator shaft sump pumps □Yes □No l~N/A □ Interior parking garages □Yes □ No 'gN/A □ Need for future indoor & structural pest control □Yes □No I.JS:f'JIA □ Landscape/Outdoor Pesticide Use rg'Yes □No O N/A □ Pools, spas, ponds, decorative fountains, and other water features □Yes 0 No ~/A □Foodservice □Yes □ No ~N/A □ Refuse areas ~Yes □No ON/A □ Industrial processes □Yes 0 No .,R'N/A □ Outdoor storage of equipment or materials □Yes □No ~NIA □ Vehicle and Equipment Cleaning □Yes □No Rf NIA □ Vehicle/Equipment Repair and Maintenance □Yes □No ~NIA □ Fuel Dispensing Areas □Yes □No g°N/A □ Loading Docks □Yes □No j(N/A □ Fire Sprinkler Test Water □Yes □No ;Id.NIA □ Miscellaneous Drain or Wash Water □Yes □No .,MN/A □ Plazas, sidewalks, and parking lots □Yes 0 No Tia""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 09/16 0 0 . Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following . • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by he BMPs (e.g., he project site has no existing natural areas to conserve). Discu sion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hvdroloqic Features I 15a'Yes I □No IO NIA Discussion/justification if SD-1 not implemented: , SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I □ No I Rl'N/A Discussion/justification if SD-2 not implemented: r SD-3 Minimize Impervious Area I JXYes I 0 No I □ N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I K Yes I □ No I ON/A Discussion/justification if SD-4 not implemented: . SD-5 Impervious Area Dispersion I bfJ.Yes I □ No I □ N/A Discussion/justification if SD-5 not implemented: ,, E-36 Page 3 of 4 Revised 09/16 continued SD-6 Runoff Collection □ NIA Discussion/justification if SD-6 not implemented: SD-7 Landscapin with Native or Drou ht Tolerant Species Yes □ No □ N/A Discussion/justification if SD-7 not implemented: Yes □ No □ N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 CLTA Preliminary Report fdfm (Rev. 11/06) Order ~umber: DIV-5895861 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: First American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 DIV-5895861 (7) David L. Smith (619)231-4659 (714)689-5374 titleunit7@firstam.com 5290 carlsbad Boulevard Carlsbad, CA 92008 PREUMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration dause, all ar/Jitrable 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 CL TA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or refelTed to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exdusions 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. Arst American Tltle Page 1 of 14 Dated as of March 14, 2019 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Or'llt!r l\i{fmber: DIV-5895861 Page Number: 2 ALTNCLTA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Sadri M. Akin and Marie Rose M. Akin, Trustees of The Levan-Akin Revocable Living Trust Dated December 15, 2014 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $7,581.68, PAID Penalty: $0.00 Second Installment: $7,581.68, OPEN Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 210-063-09-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description including but not limited to: PUBLIC UTILITIES and incidental purposes affecting said land. First American Title Page 2 of 14 Or'tr~r ~umber: DIV-5895861 Page Number. 3 5. An easement for PUBLIC UTILITIES and incidental purposes, recorded OCTOBER 13, 1950 as IN BOOK 3819, PAGE 291 of Official Records. In Favor of: PAOFIC TELEPHONE AND TELEGRAPH COMPANY. Affects: THE NORTHEASTERLY 10 FEET. 6. Covenants, conditions, restrictions and easements in the document recorded JANUARY 25, 1951 7. 9. 10. 11. 12. as IN BOOK 3948, PAGE 389 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or califomia Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded FEBRUARY 13, 1958 as IN BOOK 6948, PAGE 511 of Official Records. An easement for STREET PURPOSES and incidental purposes, recorded JUNE 03, 1992 as INSTRUMENT NO. 92-0343175 of Official Records. In Favor of: QTY OF CARLSBAD, A MUNIOPAL CORPORATION. Affects: A PORTION OF SAID LAND. The terms and provisions contained in the document entitled "CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS" recorded JUNE 10, 1992 as INSTRUMENT NO. 92-0361003 of Official Records. A deed of trust to secure an original indebtedness of $940,000.00 recorded OCTOBER 03, 2014 as INSTRUMENT NO. 14-430326 OF OFFIOAL RECORDS. Dated: SEPTEMBER 25, 2014 Trustor: SADRI M. AKIN AND MARIE-ROSE M. AKIN, HUSBAND AND WIFE AS JOINT TENANTS Trustee: Beneficiary: FIDELITY NATIONAL TITLE INSURANCE COMPANY WELLS FARGO BANK, N.A. Water rights, claims or title to water, whether or not shown by the public records. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. Prior to the issuance of any policy of title insurance, the Company will require: 13. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the califomia Probate Code in a form satisfactory to the Company. Rrst American Tllle Page 3 of 14 Ora'tir N~ber: DIV-5895861 Page Number: 4 b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Page4 of 14 INFORMATIONAL NOTES Ortk, Number: DIV-5895861 Page Number: 5 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 5290 CARLSBAD BOULEVARD, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American Title Page 5 of 14 LEGAL DESCRIPTION Order ~r: DIV-5895861 Page Number: 6 Real property in the City of cartsbad, County of San Diego, State of california, described as follows: LOT 42 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950. APN: 210-063-09-00 First American Title Page 6 of 14 i a? ~ ~~-~~ i 09 s ~ I ~ r" ♦ ® ~ .,(' 'A '(\ °"~ ··.:,-, "'-i . : ·. $AN DI EGO COUNTY ASSESSOR'S MIP 11 210 PG OS '··.\~ '•\, @ 210-06 j , •• 100' ti' 03/12/2017 JOO ICHt r,..JC,FS IU 0lO ·--,...,~ OU "···' ..... "· ~ ~ Of2 11'!.. , ... -,,.. 0/,J ,,10 ;;:-:1 95 4""' .,,.. ,. ..... io, AAo/ 013 7 l':!'V 11 4708 .. ♦ MAP 27~8-TERRAMAR UNIT NO 2 MAP 26~6-TERRAMAR UNIT NO. I MAP 8i.!3-RHO AGUA HEDIONDA -POR LOTH ROS 20809 ,~ n, !ll ir :, ~ --ig ~ I ! NOTICE Order mrmber: DIV-5895861 Page Number: 8 Section 12413.1 of the califomia Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 8 of 14 EXHIBIT A Order ~ber: DIV-5895861 Page Number: 9 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY lYPE} CLTA STANDARD COVERAGE POUCY -1990 EXCLUSIONS FROM COVERAGE Toe following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (induding 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 exduded 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 exduding 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 daims 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 daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured daimant 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 daimant 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: 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. CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Sdledule 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; First American Title Page 9 of 14 Order 'ffir'mber: DIV-5895861 Page Number: 10 d. improvements on the Land; e. land division; and f. environmental protection. This Exdusion 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 acoordance with applicable building codes. This Exdusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exdusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 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. UMITATIONS 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 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 AL TA LOAN POLICY (06-17-o&) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 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 (induding 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 Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the wverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; Rrst American Title Page 10 of 14 Order lfffmber: DIV-5895861 Page Number: 11 (c) resulting in no loss or damage to the Insured Oaimant; (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 Oaimant 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 daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the litle 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 Exdusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude 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 loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [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 indude the following Exceptions from Coverage: 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 daims 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 daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the litle that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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. PART II In addition to the matters set forth in Part I of this Sdiedule, 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: 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 Exdusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the roverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured aaimant prior to the date the Insured Oaimant became an Insured under this policy; Rrst American Title Page 11 of 14 Order iru"mber: DIV-5895861 Page Number: 12 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Title. 4. Any daim, 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 indude 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 Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: 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 daims 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 disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (inducting 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 Exdusion 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 Exdusion 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 Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured aaimant and not disdosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; (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 Qaimant 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 Mo~ that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exdusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any daim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American Title Page 12 of 14 Order 'fflrmber: DIV-5895861 Page Number: 13 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 Exdusion does not modify or limit the ooverage provided in Covered Risk 11. 7. Any lien on the Tltle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 1 o. 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. First American Title Page 13 of 14 I Rrst American 1itle Privacy Information We Are Commitled to Safeguarding CUstDmer Infomation Order 1:u'mtier: DIV-5895861 Page Number: 14 In order to better serve your needs now and in the fulllre, we may ask you to provide us with certain informallon. We under.;tand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utllize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Polley governs our use of the Information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. Rrst American has also adopted broader guidelines that govern our use of personal infonnation regardless of its source. Rrst American calls these guldelines its Fair Inronnation Values. Types oflnfonnatlon Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect Include: • Information we receive from you on applicatlons, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legilimale business purposes and not for the benefit of any nonafflliated party. Therefore, we wil not release your informallon to nonafflliated parties except: (1) as necessary for us to provide the product or serw:e you have requested of us; or (2) as permitted by law. We may, however, store such information Indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal PUJPOSI!, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such afflllated companies Include financial service providefs, such as title insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer, our Privacy Polley wlll continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We reshict access to nonpublic personal information about you to those indMduals and entities who need to know that information to provide products or services to you. We wffl use our best efforts to train and O\l8'See our employees and agents ID ensure that your information wil be handled responsibly and In accordance with this Privacy Policy and Arst Amer1can's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Rnandal Corporation Is sensitive to privacy issues on the Internet. We believe it Is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its afllliates' Web sites on the World Wide Web without te!Ang us who you are or revealing any informallon about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information iS aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need Information from you, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accoroance with the policies outlined above. Buslnen Relationships First American Rnancial Corporation's Site and its affiliates' sites may contain links to other Web sites. While we try to hnk only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of Rrst American's Web sites may make use of "cookle" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web Site can send to your browser, which may then store the cookie on your hard drive. firstAm.com uses stored cookies. The goat of this technology ts to better serve you when visiting our Site, save you time when you are here and to provide you with a more meaningful and productive Web Site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Remrd We believe that an open public recool creates Significant value for society, enhances CXJOSUmer dloice and creates consumer opportunity. We actively support an open public recool and emphasize its Importance and contribution to our economy. UN We believe we should behave responsibly when we use information about a consumer In our business. We wil obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot mrrect inaccurate information, we will take aH reasonable steps to assist a,nsumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. l!ducatlon We endeavor to educate the users of our products and services, our employees and others in our indusby about the imponance of CXJOSUmer privacy. We wiH instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our indusby to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and amuptton of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) first American TJtle Page 14 of 14 ..,. ~ ~ ·~ t.A ,I ~ ~# First American Title Insurance Company File No.: 5895861 Location: San Diego County, CA Legend C]PIQ ~ Subdivision Map #2696 (Public Utilities) ~ 10/13/1950 Bk3819 Pg291 (Public Utilities) 06/03/1992 # 92-0343175 (Street) 8 n. IMP ,,.., or IMJ' not t. an 1m.,r .. ct.~ or ldenlt.cnon of h '-nd and• not irandtd not may bt tt IN9d _,. •• • IIUtWJ' of ._ lend dltpictlld Mrton n ... m.p III aolefy ~ to ~ orienaiton • to lhe ~I locllion of h s;.l'OM or pafC9iit ~ he19t'\. ,-nt American Tidit Con,peny rta ~wa.-.-..JIPl'NIIY.._..,.,.,..n11 .... ~'°' NOT ro SCALE al lo• 0( dlwnag,t which n.y r'9Lft fl'om rtl!Moe ot .... of tn nap