HomeMy WebLinkAboutSDP 2020-0005; CHILDREN'S PARADISE; Site Development Plan (SDP)·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 Conditional Use Permit
D Minor D Extension
~ Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
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 Special Use Permit
'__,.Minor . '
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
SP'f'ZOZ.O--c:xx>'.:;:
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
D Amendment
□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)
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: ~'.?15 N\A.g~ go .. , CA~-,~Za::$
(STREET ADDRESS)
NAME OF PROJECT: C\,\\t..Dv;EN.~ ~f?AP\~
BRIEF DESCRIPTION OF
PROJECT: Ll-\,t.-ocA~ Ce.t-lT5Y-:;
PROJECT VALUE Gr_ .. '5 AA•L.
(SITE IMPROVEMENTS) \P ,r. ~ ESTIMATED COMPLETION DATE oz/?L>z\
/
FOR CITY USE ONLY
Development No.12BJ?.1) V'\--Q&c.\0:-Lead Case No. ~02D-000S
O!:tnc 1 nf ~ i:;,,::n,ico.rl n~/1 7
OWNER NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable): _.Q""'""'~......_. .... 1/1........a.-=--""""""-=----:....;:....=..&....._
COMPANY NAME
(if applicable):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
~~L..&....&...&....:,.__.::.;:..L...,;L--=-+:-+-=----
EMAIL ADDRESS: _P-n_~~::!..l:~I.C:::2!:!~lY!::~cl'J2J
OWNER AND THAT ALL THE ABOVE
ORRECT TO THE BEST OF MY
L OWNER THAT THE APPLICANT A
HORIZED REPRESEN
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AMTHE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO TH F MY
KNOWLEDGE.
SIGNATURE DATE
APPLICANT NAME
INDIVIDUAL NAME
(if applicable):
CO PANY NAME
(PLEASE PRINT)
ESENTATIVE OF THE OWNER
AND __,.,~-_ N IS TRUE AND CORRECT TO
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. I/WE CONSE.J.'--....""-'NTRY FOR THIS PURPOSE.
P-1
ER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
T.
NOV v 5 2020
en \f ·,.,/l.l:.;LS81-'\D
DATt1 S~AMP ·ARPLlo.At:HDt•N~ECEIVED
RECEIVED BY:
Paae 2 of 6 Revised 03/17
Ccicyof
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. 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 David H Lowen Corp/Part_J_u_li_e_A_L_o_w_e_n ______ _
Title Managing Member Title Managing Member
Address 211 Main St, #205 Vista, CA 92084 Address 211 Main St,#205, Vista, CA 92084
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 See "Applicant" above Corp/Part El Saito Falls, LLC
Title ___________ _ Title ______________ _
Address _________ _ Address 211 Main St, #205
Vista, CA 92084
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 I ✓ I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
David H Lowen, Managing Member
Print or type name of owner
Julie A Lowen, Managing Member
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
Ccityof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: ~\\-Q~!:, fA~-';;:£:. r~ •
APPLICANT NAME: E1-t?Ar.-.e""fD E.AL...-1.-?, l-L-C-
Please describe fully the proposed pro·ect b r . adequately explain the scope and/or ~peralo~Pi/f:t1on type. lnclu_de any details necessary to
any background information and su ortin e proposed proJ~ct. You may also include
appropriateness of, the application. us:~n addgensdtatemhentst "fregarding the reasons for, or um s ee I necessary.
Description/Explanation:
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P-1~<-.'.) \~eD L.)~&' Page 1 of 1 Revised 07/10
Ccityof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1 (C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
rr,,,,/ The development project and any alternatives proposed in this application are not contained on the ~ lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: E.1.-h~ f~<', L(__L
AdVt~~-k=
Phone Number: 7~ 63?~ ~7
PROPERTY OWNER
Name: 1?A/Jtl!, ~
Address: /\tft,J ~
Phone Number: __________ _
Address of Site: ~6 ~ i?;::,) k~SAQ,~
Local Agency (City and County): C,. ~~) ~ Q1E<,o
Assessor's book, page, and parcel number: \ l:::i7-0,A:D -4~
Specify list(s): _____________________________ _
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: 11 / 5" / 20'2..0 (To be completed by City)
Application Number(s): S,::,P Z-0'2-u -0005
General Information
1.
2.
3.
4.
5.
6.
7.
8.
9.
Children's Paradise Preschool Name of project: ________________________ _
Name of developer or project sponsor: _E_I_S_a_lt_o_F_a_l_ls_,_L_L_C ________ _
Address: 211 Main Street, Suite 205
City, State, Zip Code: Vista, CA 92084
Phone Number: 760-822-934 7
David Lowen Name of person to be contacted concerning this project: ____________ _
Address: Same as developer
City, State, Zip Code: ______________________ _
Phone Number: ________________________ _
Address of Project: 3335 Marron Road, Carlsbad, CA 92009
Assessor's Parcel Number: 167 -04o-49-00 ---------------------
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:
SOP/Precise GP
Existing General Plan Land Use Designation: CF -Community Facilities
Existing zoning district: ______________________ _
Existing land use(s): ______________________ _
Proposed use of site (Project for which this form is filed): Child care facility
Project Description
10. Site size: 1.21 acres, 52,707.6 Sf
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: _1_2_5_0_0_s_f ______________ _
Number of floors of construction: _1_( O_n_e_) _______________ _
Amount of off-street parking provided: _4_7_(f_O_rt_y_s_e_V_e_n_) __________ _
Associated projects: _N_o_n_e ____________________ _
Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: N/A
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
Neighborhood City, No sales area, 1 (one) loading space
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/ A ____ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _N_tA _______ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: _N_tA ___________________ _
P-1(0) 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).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
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
Date: July 10, 2020
For:
P-1(0) Page 4 of 4 Revised 07/10
.
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Ccicyof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Plannl111 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 l:1f the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Wthin 30 days of
submittal cl this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the process· · will start upon the date of the completion letter.
If you have any qu•tlons 199arc:li licatlon lttal requirements (I.e., clarification
regarc:llng a specific rearairlllffltAt..el wll'IA'l~e II requlram are necessary for your particular
application) please call (7
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) .. Page 1 of 1 Revised 07/10
Development Services
Planning Division
1635 Faraday Avenue
760-602-4610
www.carlsbadca.gov
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
{city of
Carlsbad
In July 2020, the City of Carlsbad adopted an amended Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. This checklist contains measures that are required to be implemented on a project-by-project
basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are
achieved. Implementation of these measures will ensure that new development is consistent with the
CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG)
reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).
This checklist is intended to assist project applicants in identifying CAP ordinance requirements and
demonstrate how their project fulfills those requirements. This checklist is to be completed and included
in applications for new development projects that are subject to discretionary review or require a building
permit.
APPLICATION SUBMITTAL REQUIREMENTS
• The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website. This
checklist is designed to assist the applicant in identifying the minimum CAP-related requirements
specific to their project. However, it may be necessary to supplement the completed checklist with
supporting materials, calculations or certifications, to demonstrate full compliance with CAP
requirements. For example, projects that propose or require a performance approach to comply
with energy-related measures will need to attach to this checklist separate calculations and
documentation as specified by the ordinances.
• If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum
required by ordinance, an explanation must be provided to the satisfaction of the Planning Division
or building official.
• The requirements in the checklist will be included in the project's conditions of approval or issuance
of building permit.
• Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 07/20
City of Carlsbad Climate Actio ,:rn Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
QAHironr:nent in 11er;0rd11nr;Q with thfi rfiq11irfimfint5 of th'i California Eovirnomeotal Quality Act (CEQA) Ibis may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
(Check the appropriat
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
□
If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: SO dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTC02e/year screening threshold.
If ''Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmenta I Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 07/20
City of Carlsbad Climate Actior ,rn Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/ APN:
Applicant Name/Co.:
Applicant Address :
Contact Phone:
-z..
Contact information of person completing this checklist {if different than above):
Name:
Company
name/address:
Contact Phone:
Contact Email:
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation {BPV): s I 7 ?l a, 2~0. D-Z....
Construction Type Complete Section{s) Notes:
D Residential
□ Alterations:
□ BPV <!: $60,000
□ BPV ~ $60,000
□ Electrical service panel upgrade
□ BPV ~ $200,000
□ Alterations:
P-30
lA
lA and 4A
4A
lA and 4A
Page 3 of 7
All residential alterations
1-2 family dwellings and townhouses with attached
garages only
Multi-family dwellings only where interior finishes are
removed and significant site work and upgrades to
structural and mechanical, electrical, and/or plumbing
systems are proposed
Revised 07/20
City of Carlsbad Climate Actio n Consistency Checklist
□ BPV ~ $200,000 or additions ~ 1B,5 1,000 square feet
~BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area
□ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000
CAP Ordinance Compliance
Checklist Item
Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as
necessary.
1. Energy Efficiency
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code {CALGreen) for more information when completing this section.
A. D Residential addition or alteration l!: $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation D Cool roof
D 1978 and later Select one:
□ lighting package D Water heating package
D Between 1978 and 1990
D 1991 and later
B. d Nonresidential• new construction or alterations l!: $200,000 building permit valuation,
~r additions l!: 1,000 square feet.
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
A5.203.1.1.1
utdoor lighting: .90 Allowed Outdoor lighting Power
A5.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
A5.203.1.2.1
Choose one as applicable: □ .95 Energy budget .90 Energy budget
AS.211.1!*
~n-site renewable energy
A5.211.3**
0 Green power (if offered by local utility provider, 50% minimum renewable sources)
A5.212.1
0 Elevators and escalators
AS.213.1
D Steel framing
P-30 Page 4 of 7
0 N/A _________ _
0 Exception: Home energy score<'. 7
{attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation D Duct Sealing □ Cool roof
Select one:
□ lighting package □ Water heating package
□ N/A __________ _
□ N/A
)(N/A
0 N/A
□ N/A
N/A
X N/A
Revised 07/20
City of Carlsbad Climate Actior an Consistency Checklist
* Includes hotels/motels and high-rise residential buildings
~N/A
** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California
Energy Code section 120.10 instead.
2. Photovoltaic Systems
A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 california Energy Code section 150.l(c) 14 for
requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by
.3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
kWdc
B. ~ Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000
square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
~ross Floor Area (GFA) Method
GFA: \ \ ~ 3'0 4" f Min. System Size: (5 kWdc
□ If< 10,000s.f. Enter: 5 kWdc
~ ~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) **
**Round building size factor to nearest tenth, and round system size to nearest whole number.
D Time-Dependent Valuation Method
Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc
***Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 07/20
City of Carlsbad Climate Actior n Consistency Checklist
3. Water Heating
A. D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential
D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise
residential hotel/motel) or 150.l(c) 14 (for low-rise residential)
D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
D Gas or propane water heating system
D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
D Solar water heating system that is either:
D .60 solar savings fraction or 40 s.f. solar collectors
D .40 solar savings fraction, plus drain water heat recovery
D Exception:
B. %Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal ~hotovoltaics D Recovered energy
}l(.wyr heating system is (choose one):
pNjeat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
D Exception:
4. Electric Vehicle Charging
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
D One and two-family residential dwelling or townhouse with attached garage:
D One EVSE ready parking space required D Exception :
D Multi-family residential· D Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces -EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
Installed Total
P-30 Page 6 of 7 Revised 07/20
City of Carlsbad Climate Actio, an Consistency Checklist
B.
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation;;? $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation;;? $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
~ Nonresidential new construction (includes hotels/motels} □ Exception :
-,.otal Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces
□ 0-9 1 1
□ 10-25 ~ l _
"l5t.._ 26-50 rr 4 _) I" 2' )
ro 51-75 --;-~
□ 76-100 9 5
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV Spaces
5. Transportation Demand Management (TDM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable.
Use GFA Employee ADT/1,000 S.F. Total Employee ADT
C \Jc \L.-0 ~~& \~&I)~ l t ~ OJ t \ 0 -
Total \\ \ 0
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADTthreshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes)( No D
LOE Staff Verification: □ _____ (staff initials)
P-30 Page 7 of 7 Revised 07/20
~ City of
Carlsbad
INSTRUCTIONS:
RM WATER STANDARDS
QUESTIONNAIRE
E-34
Develo ment Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
o a ress post-eve opment po utants that may be generated · om development pro1ects, 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 ID:
APN: \
The project is (check one): ,tNew Development D Redevelopment
The total proposed disturbed area is: -SZ.?7L-tt2 ( \ • '2--) acres
The total proposed newly created and/or replaced impervious area is: I~ 5 ft 2 ( 0-~f) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID _________________ SWQMP #: ________________ _
Then , go to Step 1 and follow the instructions When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 03/19
. . ,
,., . STEP1
TO BE COMPLETED FOR ALL PROJECTS ' To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If vou answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following :
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
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? □ p(.
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 03/19
' . . ' n (1
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, JKl □ and public development projects 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 □ ~ L • ·--~ -'"Pl.:-• . ,. -•· . -• .. , --. . ' --....
--•• r ·--· .. ----·-·, .. -·-·, ·-· -, -·--t -,_ ,----,
develooment projects on public or private land. _,I
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 qreater.
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 □ [ l 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 □ [ D site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transportation of automobiles, trucks, motorcvcles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ rn
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the oroiect to the ESA (i.e. not commingled 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 □ [ l 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 □ [ l RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ [ l 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 statinq "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information.
E-34 Page 3 of 4 REV 03/19
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
O~Y
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
NO
Does the redevelopment project result in the creation or replacement of impervious surface in an a
of less than 50% of the surface area of the previously existing development? Complete percent
impervious calculation below:
Existing impervious area (A) = ____________ sq. ft. □ □
Percent impervious area ere
If you answered "yes", the structural BMP quired for PDP apply only to the creation or replacement of imperviol.)s
surface and not the entire de o to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information .
If you answered "no,"
check the first bo tin
structural BM P's required for PDP apply to the entire development. Go to step 5, check the
ro·ect is a PDP ... "and com lete a licant information.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
t5f My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
....r)repare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: P ,A.._vlQ
Applicant Sig natu r•f----i~'--c::-""IF---t.~,.._-r----,1;r,.c-::::--....;::--
Applicant Titre: &,Ip~ M •
Date t)papo
ot 11m11.~-~ lean Water Act Section 303(d) impaired water bod ies; areas designated as Areas of Special
Biological Significance by the State Water Resource oard (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.
Th . B fi C't U O I IS ox or l'.Y se my
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 03/19
~ City of
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Project Name: Children's Paradise Prescool
--r IUJt::l,l 11..1. -
DWG No. or Building Permit No.:
Source Control BMPs
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www .ca rlsbadca .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 th is checklist.
Answer each category below pursuant to the following .
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 Ii] Yes □ No □ N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage li]Yes □ No □ NIA
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Ra infall, Run -On , Runoff, and Wind □ Yes liJ No □ N/A Dispersal
Discussion/justification if SC-3 not im plemented:
Project proposes NO outdoor storage of materials, playgrounds only.
E-36 Page 1 of 4 Revised 09/16
' ~ Source Co~ )I Reauirement (continued) -ADDlied? . . SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and
Wind Dispersal □Yes 111 No □ NIA
Discussion/justification if SC-4 not implemented:
Project proposes NO outdoor work areas, playgrounds only.
c:,r II:. -T.---i.. --A----, ___ o-:-&...!1 C, •-f"'\n C, ,--" --...1 \AJ:-...1 ,I r.il v--r, .. ,_ r, Mil\ ---, -
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).
Ill On-site storm drain inlets Ill Yes □ No □ NIA
□ Interior floor drains and elevator shaft sump pumps □Yes □ No □ NIA
□ Interior parking garages □Yes □ No □ NIA
□ Need for future indoor & structural pest control □Yes □ No □ NIA
□ Landscape/Outdoor Pesticide Use □Yes □ No □ N/A
□ Pools, spas, ponds, decorative fountains, and other water features □Yes □ No □ NIA
□ Food service □Yes □ No □ N/A
□ Refuse areas □ Yes □ No □ N/A
□ Industrial processes □Yes □ No □ N/A
□ Outdoor storage of equipment or materials □Yes □ No □ N/A
□ Vehicle and Equipment Cleaning □Yes □ No □ N/A
□ Vehicle/Equipment Repair and Maintenance □Yes □ No □ N/A
□ Fuel Dispensing Areas □ Yes □ No □ N/A
□ Loading Docks □Yes □ No □ N/A
□ Fire Sprinkler Test Water □Yes □ No □ N/A
□ Miscellaneous Drain or Wash Water □Yes □ No □ N/A
□ Plazas, sidewalks, and parkinQ lots □ Yes □ No □ N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
Spot drains for playground areas with onsite detention basin.
E-36 Paqe 2 of 4 Revised 09/16
.. J ,. -I --I Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion/ justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is _.., --' lo,.., •lo.-QAAn-lo.,. ,1,.._ ,... .. _: __ ., r--:&.-h-----. n-•· , __ , ,, ____ t,.. ------•-.\ n ;,.-. , __ , __ ,: ·---· .. _ , .., , v , , .
provided.
Site Design Requirement I Applied?
SD-1 Maintain Natural Drainaqe Pathways and Hvdrologic Features I li]Yes I □No I □ N/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation I lil Yes I O No I □ N/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area I lj) Yes I 0 No I □ N/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction I lil Yes I 0 No I □ N/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion I lil Yes I 0 No I □ N/A
Discussion/justification if SD-5 not implemented:
E-36 Paqe 3 of 4 Revised 09/16
Sfte Desl Re uirement continued
' SD-6 Runoff Collection Iii Yes □ N/A
Discussion/justification if SD-6 not implemented:
ht Tolerant S ecies Iii Yes □ No □ N/A
Iii Yes □ No □ N/A
Discussion/justification if SD-8 not implemented:
E-36 Paoe 4 of 4 Revised 09/1 6
Cl TA Preliminary Report Form
(Rev. 11/06)
't ,. •IA' I
,;~ Fust American Tide
Order Number: DTR-6048692 (06)
Page Number: 1
First American Title Company
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
File No.: DTR-6048692 (06)
This report has been amended/updated to reflect the following matters:
[ ] No changes made to the report other than the Effective Date
[ ] Property address has been revised
[ X ] Vesting has been revised
[ ] Legal Description has been revised
[ X ] Taxes have been updated
[ X] Original item number(s) 24 have been removed
[ X] New item number(s) 20c have been added
[ X] Original item number(s) 1 and 25 have been revised
[ X ] Other: Informational Notes -Removed taxes, Added new conveyance deed, and Added free and
clear code.
First American Title
Order Number: DTR-6048692 (06)
Page Number: 2
Updated (10/12/2020)
First American Title
First American Title Company
Ure Kretowicz
Cornerstone Communities
4365 Executive Drive, Suite 600
San Diego, CA 92121-2128
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
The Preserve Lot 7
DTR-6048692 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
PRELIMINARY 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 excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit 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 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 Cl TA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
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 referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title
Dated as of October 06, 2020 at 7:30 A.M.
Order Number: DTR-6048692 (06)
Page Number: 3
The form of Policy of title insurance contemplated by this report is:
ALTA Ext Owner Policy 1402.06 (2006)-N
To Be Determined
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:
EL SALTO FALLS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A 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 2020-2021.
First Installment: $239.22, OPEN
Penalty: $0.00
Second Installment: $239.22, OPEN
Penalty: $0.00
Tax Rate Area: 09014
A. P. No.: 167-040-49-00
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 5 and Community Facilities District
No. 5, Improvement Area No. 1, as disclosed by Notice of Special Tax Lien recorded June 22, 2012 as
Instrument No. 2012-0365643 of Official Records.
Document(s) declaring modifications thereof recorded June 1, 2016 as Instrument No. 2016-0267426
of Official Records.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special
Tax Lien recorded June 24, 2013 as Instrument No. 2013-0394405 of Official Records.
First American Title
Order Number: DTR-6048692 (06)
Page Number: 4
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
5. An easement for Either Or Both Pole Lines, Underground Conduits and incidental purposes in the
document recorded October 27, 1910 in Book 511 of Deeds, Page 235.
The location of the easement cannot be determined from record information.
6. An easement for Poles and incidental purposes in the document recorded March 04, 1911 in Book
509 of Deeds, Page 267.
The location of the easement cannot be determined from record information.
7. An easement for public road and incidental purposes, recorded February 17, 1897 in Book 257, Page
247 of Deeds.
In Favor of: The County of San Diego
Affects: As described therein
The location of the easement cannot be determined from record formation.
8. The terms and provisions contained in the document entitled Grant of Perpetual Slope Easement and
Temporary Construction Easement recorded June 23, 2003 as Instrument No. 2003-0739971 of
Official Records.
The location of the easement cannot be determined from record information.
9. Covenants, conditions, restrictions and easements in the document recorded March 14, 2011
as Instrument No. 2011-0135700 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 violate 42 U.S.C. § 3604(c), or California 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.
10. The terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No. 2011-0382141
of Official Records.
The location of the easement cannot be determined from record information.
First American Title
Order Number: DTR-6048692 (06)
Page Number: 5
11. Covenants, conditions, restrictions and easements in the document recorded August 25, 2011
as Instrument No. 2011-0439455 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 violate 42 U.S.C. § 3604(c), or California 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.
12. The terms and provisions contained in the document entitled Affordable Housing Agreement
Imposing Restrictions on Real Property recorded May 11, 2015 as Instrument No. 2015-0233607 of
Official Records.
13. Intentionally Deleted
14. An easement shown or dedicated on the Map as referred to in the legal description
For: Maintenance of landscaping, storm water BMP facilities
over portions of Lot 7 for the benefit of the HOA and
incidental purposes.
15. The following matters shown or disclosed by the filed or recorded map referred to in the legal
description: Fire Hazard Reduction Zone and Non-mapping notes
16. The terms and provisions contained in the document entitled Street Maintenance Agreement
executed by and between Presidio Cornerstone QC, LLC, a Delaware Limited Liability
company and City of Carlsbad recorded July 7, 2015 as 20150354041 of Official Records.
17. The terms and provisions contained in the document entitled "Declaration of Levee Facility
Maintenance, Access Easements & Cost Sharing Obligations" recorded October 4, 2016 as Instrument
No. 2016-0530988 of Official Records.
Document re-recorded August 25, 2017 as Instrument No. 2017-0390276 of Official Records.
18. The terms and provisions contained in the document entitled "Agreement Regarding Development
Rights and Obligations" recorded October 27, 2016 as Instrument No. 2016-0580872 of Official
Records.
Document re-recorded August 25, 2017 as Instrument No. 2017-0390278 of Official Records.
19. The Terms, Provisions and Easement(s) contained in the document entitled "Easement and
Maintenance Agreement" recorded October 27, 2016 as Instrument No. 2016-0580873 of Official
Records.
Document re-recorded August 25, 2017 as Instrument No. 2017-0390277 of Official Records.
20. Intentionally Deleted
First American Title
Order Number: DTR-6048692 (06)
Page Number: 6
20a. A notice of assessment recorded JULY 19, 2019 as INSTRUMENT NO. 2019-0293768 of Official
Records, executed by CITY CLERK, CITY OF CARLSBAD.
20b. The terms and provisions contained in the document entitled "MEMORANDUM OF AGREEMENT"
recorded JANUARY 23, 2020 as INSTRUMENT NO. 2020-0038147 of Official Records.
20c. The terms and provisions contained in the document entitled "EASEMENT AGREEMENT" recorded MARCH
27, 2020 as INSTRUMENT NO. 2020-0159234 of Official Records.
21. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
22. Water rights, claims or title to water, whether or not shown by the public records.
23. Rights of parties in possession.
24. Intentionally Deleted
Prior to the issuance of any policy of title insurance, the Company will require:
25. With respect to EL SALTO FALLS, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-
1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the Company
or upon which the Company is asked to rely, that such document or instrument be executed in
accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected pursuant to
the terms of a written operating agreement, such document must be executed by at least two duly
elected or appointed officers, as follows: the chairman of the board, the president or any vice
president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the
articles of organization and/or duly elected pursuant to the terms of a written operating agreement,
such document must be executed by at least two such managers or by one manager if the limited
liability company properly operates with the existence of only one manager.
e. 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
Order Number: DTR-6048692 (06)
Page Number: 7
INFORMATIONAL NOTES
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. The property covered by this report is vacant land.
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:
A document recorded March 27, 2020 as Instrument No. 2020-0159233 of Official Records.
From:
To:
Presidio Cornerstone QC, LLC, a Delaware limited liability company
El Saito Falls, LLC, a California limited liability company
3. We find no outstanding voluntary liens of record affecting subject property. Disclosure should be
made concerning the existence of any unrecorded lien or other indebtedness which could give rise to
any possible security interest in the subject property.
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.
First American Title
Order Number: DTR-6048692 (06)
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 7 OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE COUNlY
RECORDER OF SAID COUNlY, JULY 10, 2015 AND AMENDED PURSUANT TO THAT CERTAIN
CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 10, 2019 AS INSTRUMENT NO. 2019-0391633
OF OFFICIAL RECORDS.
APN: 167-040-49-00
First American Title
09
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THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS
ASSUMED FOR TH( ACCURACY or THE DATA SHOWN. ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.
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NOTICE
Order Number: DTR-6048692 (06)
Page Number: 10
Section 12413.1 of the California 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
EXHIBIT A
Order Number: DTR-6048692 (06)
Page Number: 11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building 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:
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.
First American Title
Order Number: DTR-6048692 (06)
Page Number: 12
CL TA/ ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not 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;
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 % 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 ALTA LOAN POLICY (06-17-06)
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 (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;
First American Title
(iii) the subdivision of land; or
(iv) environmental protection;
Order Number: DTR-6048692 (06)
Page Number: 13
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 loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b} a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy
and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under
Covered Risk 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 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 loss or damage, and the Company will not pay costs,
attorneys' fees or expenses, that arise by reason of:
[PART I
[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:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b} reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
PART II
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:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
First American Title
(i) the occupancy, use, or enjoyment of the Land;
Order Number: DTR-6048692 (06)
Page Number: 14
(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 or
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:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or
title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,
or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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),
First American Title
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business
laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the
lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
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.
First American Title
~ I Fust American 1itle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -parbcularly any personal or financial information. We agree that you have a right to know how we will utilize 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 Policy 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. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service 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 purpose, 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 affiliated companies include financial service providers, 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 Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American'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 Financial 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 affiliates' Web sites on the Wortd Wide Web without telling us who you are or revealing any information 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 accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link 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 First American's Web sites may make use of "cookie" 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 goal of this technology is 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.
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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 Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will 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 correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)