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RP 2018-0001; CORDIANO WEST; Redevelopment Permits (RP)
Ccicyof Carlsbad LAND USE REVIEW APPLICATION. :l!· P-1 Development Services . Planning Division ,• . ' 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APl;'LIED FOR: (CHECK BOXES) Development Permits 0 Coastal Development Permit 0 Conditional Use Permit 0 Minor O Extension 0 Day Care (Large) 0 Minor 0 Environmental Impact Assessment 0 Habitat Management Permit OMinor 0 Hillside Development Permit O Minor 0 Nonconforming Construction Permit 0 Planned Development Permit O Minor 0 Residential O Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Minor 0 Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance OMinor (FOR DEPT. USE ONLY) Legislative Permits -------1 0 General Plan Amendment 0 Local Coastal Program Amendment D Master Plan O Amendment 0 Specific Plan . • , .. C] Amendment·· 0 Zone Change 0 Zone Code Amendment South Carlsbad Coastal ReviewArea Permits 0 Review Permit D A~rninistratixe O Minor O Major Village Review Area Permits 0 Review Permit ~ Administrative O Minor O 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. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. I ne \) l./4) l ~ -0004 P-1 *SAME DAY APPOINTMENTS ARE NOT AVAICABLE (STREET ADDRESS) Wt5f ESTIMATED COMPLETION DATE Lead Case No. Page 1 of6 Revised 03/17 C OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME , / J__ (if applicable): /11',f./-//4 /1 rT',,AJ•&/4,,,/,../11 COMPANY NAME (/ / t. (if applicable): '""' MAILING ADDRESS: _S....::t':....,t_q ........... f .... f_e._c"'""b ..... /?1........_(...,;../V____._f __ CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 0 APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): (PLEASE PRINT) MAILING ADDRESS: 573). /; ' /•N/ (/•ft, /?/, CITY, STATE, ZIP: E1,e, Ne// o, r /I '1,lO .l,2 ' TELEPHONE: 7t ,1-(jlj'J -;1. ,. ~ / EMAIL ADDRESS: ,~► c; re/4/'7(c I'@ 4 Afz wlN'(~y,C c l>1 APPLICANT'S REPRESENTATIVE (Print): ____ l'J___.1_··._)(, .. (_...,M_o_i.v_~ .... 5 ________________ _ MAILING ADDRESS: f 8 ~ 8: LO kl' y ~ vc Iv 'ft' £, s "'1 'i? ;2 / J CITY, STATE, ZIP: C,,.r/s Ir.rel; C:19 'J ),c, lo TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~~ SIGNATURE 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 CONSENT TO ENTRY FOR THIS PURPOSE. FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED JAN 2 2 2018 CITY OF CA!~LSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED Revised 03/17 .. • APN 204-010-3, 4 & 7 Matt Hall 3135-3155 Tyler Street OWNERS 3135-3155 Tyler Street Properties Member Manager 2948 Wintergreen Carlsbad, CA 92008 760-801-8055 APN 204-010-16 505 Oak A venue Thomas and Lucinda Vigne 3880 Hibiscus Circle Carlsbad, CA 92008 760-212-3138 JAN 2 2 2018 CITY OF CARLSBAD P:...A!\!!\!!NG !J!VISION '-•~.------------------------------------- C_cicyof 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 arid 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 pf!-~)~ -(;.vie ~t lfl-l-Corp/Part 513 C:--31Y1 T'tLCe 5·7~Jo/arT~ Title_Ll:_ O~VW<-:-i rt~ Title ___________ t..:<..C. 2. P-1(A) Address ,;p;'7!L · Hui_/ "';;-'-t /'tJ< I., Address J/3 S::: / ',l,..G;e :ST C 13 /J C/< o&~ <'7?S2Jc;vrd,'i1P t,,;• r 2> OWNER l•'lluL Lil~ owners agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person/!2/Y7 !.../AL" Corp/Part3 I >5-?l<jl r/LGIZ t:;T PIQ(Jvtric~ <....<..C Title Mt?l11t3C('. /n/4N4~<Z,I( life ~ /3 C 7 '(t.. e'£._ -5' /'"' Address29'/ g tv 1 /U Tt51C:-/lG:'9V Address CAILL5 g A✓.) 9 Z-Od f c! q O q2,_ocS, 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 $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes D No If yes, please indicate person(s): t11 J1.-T7 JI/IL-L NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to t 111#.(1'!. =-S-ig_n::a~~:::::::~===::::::------ /J1/l-ff /-/ALL-0e-ra-rJ.e {;rf'C\,~ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 TENANT/APPLICANT CONTACT COl~WIHf.t'!' M,\NJ,,OttlJSTAI-IOGEWOO C..-,-0-,,C.,O.,,., 157'J'J~V-l-' UC~. CA 9'202:S ...._,&04<12261 (....,._~CIC)ol' =!'~PM< II::;-- tJDUlY/SLl'l1QOO~ ~ ~~~-t>"""OI;" .!:!!1S. ~.::.~•i--r!'t~ ~ ~:~~'""' AREA CALC m?INGTO,,-c:r:,,w,w/'f 1_.,,50,r ~™t<n 2,MJ SQ fl .-n l'Oil.J\11'"'-,.s,co.~~ ~se,...wio,,, IOSQFT IQ!Alll.JDNC..U.... ~SOil '!)l'C¥0,-.~M.o(ffl~l0F.MEJOTNG lt.lQ'X:1(1.lf 1•1$QJI PARKING CALC ~R[,IAl,,IW.'1 o•a-,,.,&;i.ij..im>,jf!ATln2S-I• PehU$fe&ll'.~fow:;fW.U.OlC .. --.mi m""'°rC::,WCOf#,WI ,_NEIA!lr.Dl-6 1~-10,M:<><, ro·" °'°"oro -i\MmNl;i,~~ SITE LEGEND """' """"'-""' --{ -""""""" -----K~ --.--QN'f'l.lf;(.a,.I) ~ AlfAOlf.J(fbn~ ~Ol~OI '"""'= ~~ (JJC(Cl!O>,(Y- tw-.cf.0#/ r}.,7 ,-nfltl,O,'IIOll,,, '"""' L_J C-ACQ151klf'I ""' 11£t2014.CIC '!9'980 l'(NN,I Pe!9':'\Mllfl IY9t.A.21Ul~I ""'9\'}!JttyltWQ 1::""f:43~',!!fHf~G't'M !~--·.•-.:._ , -~ 10•-·~ lfl""" __ L ___ 7_, -----/ A.J T(:!", cu 1-j<) WORK / I.A--i-~--'"J'IF· /I >I+,.-1 1 l OJ A PART .O_E__S __ : / . - ·1! 6 / /;~··::, I • I 7 ' l· / i I_-~-_a /◊ ,1f I I 1--f r I / ~• I .,.,.. "" l 10 .., ,o• !F!ASf't-W.1 j ~ / :PAVING,; I .,/~ : / 1l / J I I I I OOH!::'9W[S1T&i',,li A1-fOMIC; T'l'Pff I /4CANT ~ (E] WATU METER ---+------ TYLER ST {l:}CASMEIER •:re 88.N -;= ~ PROPE, -• LL -_,L {--------7'---~· --1 ;::.'.________ --------i 1: :_, ii /////-,, ,, ,} / ,, / ,, t: (E) SUCCULENT : : CAFE SUITE B&C I ,, ,, ,, ,, ,, ,, / IE) ELECTRIC>! MfTEl / (E}-~llCAlPOI~, / / / / / / / EXISTING BUILDING . SUITT A / (NOT P>.y'OF THIS SCOPE) / / / ' / / JU PAi<lrD ~pEA / ,[E)6FT~GHT WAYWEMEN? Fot SDGE ·E POLfS AND /800(-' : PAGE 30'l / / ~-( , % r f' --1--/----~ =U~~ENCE ' (fl SOOINGGATE (E)SEWf:11:UNE :::::r~, ~ ~ ~ ::! :;; 0 (E}CVRB ~6'-0'HIQ-1 CHAINUNI<: FENCE fJ EUCTRICAL f'OlE !ElS!GNTOREMA.IN ~ J :::) I z ' ~I <(' ~i 0 , I L ( 1 17215 Roc~-ll:d ~.0.9206-5 I . 41••~~ '81!1 !~------"-"' ......... ·-~ I-~ it 0 f-z tll C a: ->-Cl "' a:: a: ~ ~ iii ::J ----'t----------~---------------0 ~ u ~ €~ c ~ xo Ca.,,« t,;Aa ~ ]IUfflHS-.:tl CM~~ .,.,. ll'MW(CIM) )7.\] T ER MS ANO C ON D ITIONS -"Bt+c IIIIC..._. _ _,..._._,,.,._,. • ._.....__ ... _. ::O" .. ~- n'-cr 17 =::..-::=.:::-:.:::::::; I~--~ I ....... __ .,. .. .,._ o-.-_ ..... __ ,.. .. S1 ~,,__ Cordiano West -Loca1ion Map 1/1 018 8:23:09 PM Cd Counctl Olstnet Project Parcels: A: 31 35 Tyler Street APN : 204-010-03-00 Key Scope: (Prposed Bldg. Tenant Improvement) 0 QOt!~ I • 0 0.0175 0.03S 1: ,000"' 003 I ~Me,'f'f 018 007m, (' "' r ",-..RLSBAD PLAN 1NG DIVISION s..,.,.,. tw Ht;j!f, Ool.11,... HAI"..,_ 1-c'-PCCl'J) ce,co. "309. r.o '4f8. N~"t Otoe• 'O'◄, "-"L o,owc•&lwt (Ir ;epo, ~ Dn CIWw (to,g Kl>-;) ""''"""' ~,_ • 0.Nll•••~m,.Jiullft inl hlCIS ~ C--, , ... 1>,._,_,1twkoQ$ ____________________ .... -e.,.. Ollb..,Vll'\~ht.lE"E.GIJtmf\11•,CIISIEW P.U&OS.El'-'US0',\1 Carlsbad I nicipal Water District Will SERVE NOTICE -WATER/ SEWER/ RECYCLED WATER AVAllABIUTY Mall completed form to: CMWD 5950 El Camino Real carlsbad, CA 92008 or Fu to: 760-431-1601 or Email: eanette.brown@carlsbadca.gov -e.. Company Mailing Address Street State GA Email: Project ID: ~J,\~"'5.i:!IAO V\C.A,A-C.~ ~~"''-"" ~ ~i'2.0\8 -000\ Map No(s): ~----,.--,---,-----,---------Lot No(s): (Please attach vicinity map) OResidential Total number of dwelling units ________ _ !21commerclal Grossfloorarea (pZ.'1~ (.,..,.:: z,,'(o) SCl-f.\'. O1ndustrial Gross floor area ____________ _ Oother Gross floor area ____________ _ Total project acreage i'J[I! Total number of lots __ =---._ D Apts/Condos D Mobile Home B Trailer Park Hotel/Motel Zip C1 f v' i:: C, PLS8AD No. of units ______ _ No. of units ______ _ No. of units ______ _ No.of units ______ _ Is the project proposing the use of reclaimed water? □ Yes 9-No Purposeofrequest: A ,-~JJAN'T' IMP&o\lE.1"1£,-J,-I~ Uoeo.sW "Tb l>o A RE.S.1"'f-v~A'tff@ 1'M~ ~O@."UCll:J OF: e . %, , Lfo :f.~~1:Ml-Wta.fi!.~W''.': .· . ti _ ~ .. . ,. . . .. . .. ,, ~.t;tei' apP/~. · ·. ·t~~pl!rson{~ ot,OtRn !ilt.01f-andJ9r:tfle; . . . P·~i~~~o'i>ertY.J$·~b)e.ctid ' -·. " I~s'and.fee.s i~ ~'wheoJ \ ing; bu.t not,li~Jtl!(!to, 't.Onrie,ctio,11 ~s;' 3. Tlll$·w1il,~rvlti!ttef ·.· eJl'lj~IA.,Q~;i.l,C!(. ·•. ·.·•. ' ~ .' ntl1Jt.i$Wlthl' rt~expitatl;n-dat~iiot'h~i~'.I\Ot~·. ' ~~~~:~:~ ~ig~,~--. ' . ' ; ' ~~~~~~:.r;~;~~t{ ~:. ;_; The project is not located entirely within the district and potential boundary Issue eKlsts with ________ _ Facilities to serve the project o ARE □ ARE NOT reasonably expected to be available within the next two (2) years based on the capital facility plans of the district. Explain in space below or on attached _______ • (Number of sheets) Project will not be served for the following reason(s): ____________________________ _ Owater capacity is available. District conditions are attached. Number of sheets attached: ______ _ Water capacity is available. District will submit conditions at a later date. /Ii. I,·".;" -1' /o The project Is not located entirely within the city service area and potential boundary Issue exists with ________ _ Facilities to serve the project □ ARE □ ARE NOT reasonably expected to be available within the next two (2) years based on the capital facility plans of the city. Explain in space below or on attached ______ . (Number of sheets) Project will not be served for the following reason(s): ____________________________ _ er capacity is available. City conditions are attached. Number of sheets attached: ______ _ s not ca entire y w n e po en 1a un ary ssue ex s s _________ s r • project is located in an area expected to have recylced water in the fu,re per the cartsb~d Recycled Master Pla/4 L' /4 Jectwillnotbeservedforthefollowingreason(s):g~&y~/~,r tc:J./er ,1J .-to~ 41/~; • ,e 1 ecycled Water capacity is available, District conditions are attached, Number of sheets attached: ______ _ Recycled Water capacity is availa e. Distri · at a later date. :11:!~ifi '' ,. '.• ,,,,_,._-. ~~--~ ,•,·· ... c.·: .. · ·. CORDIANO WEST @ 3135 TYLER STREET PROJECT NO: RP 2018-0001 MAR 2 2 2018 COMMENT RESPONSES FOR ATTACHED REVIEW LETTER DATED: 21 FEBRUARY 2018 '0 ~ IV! itl Per the attached findings in the letter from Paul Dan, Associate Planner, we decided to not do the adjacent courtyard and redirect our energy into a front patio only. With this in mind, many of the comments on the letter will no longer apply at this time and the responses are below and coordinated with those remarks. PLANNING l. RESPONSE: The letter had a cross out stating this DOES NOT APPLY. ENGINEERING l . RESPONSE : STORMWATER STANDARDS QUESTIONAIRE (FORM E-34) FILLED OUT PER REQUEST. Because the courtyard is no longer a part of this project we are not removing full asphalt sections at the parki ng lot. The E-34 was filled out in accordance and interpretation of the l .3 standards. PART 2: FORM E-36 DOES NOT APPLY BASED ON OUR INTERPRETATION OF SECTION 1.3. PART 3: OF THIS COMMENT PROJECT CONSIDERATION FOR PDP. THIS PROJECT IS NOT CONSIDERED PDP AND THEREFORE IS NOT SUBJECT TO REQUIREMENTS. 2. RESPONSE : ALL EXISTING STRIPING (IF EXISTING) AND STRUCTURES FOR NOTED APN'S ARE SHOWN ON PLANS PER REQUEST. THERE ARE NO KNOWN CHANGES TO DRAINAGE THAT IMPACTS PARCEL. ALL AREAS AROUND BUILDING ARE EXISTING IMPERVIOUS ASPHALT. DOORS AT THE TENANT IMPROVEMENT AREA HAVE BEEN ADDED TO THE PLANS FOR CLARIFICATION AND PER YOUR REQUEST. 3. RESPONSE: DOES NOT APPLY 4. RESPONSE: DOES NOT APPLY 5. RESPONSE: ALL EASEMENTS PER THE TITLE REPORT HAVE BEEN SHOWN ON THE CURRENT PLANS-l SITE PLAN TO THE BEST OF OUR KNOWLEDGE . 6. ALL EXISTING UTILITIES FOR SUBJECT TENANT IMPROVEMENT HAVE BEEN NOTED ON PLANS. SEWER LATERAL AND WATER DEMAND TO BE COORDINATED WITH CARLSBAD MUNICIPAL WATER DISTRICT THROUGH THEIR WILL SERVE NOTICE FOR ADEQUACY AND CONFORMANCE FOR PROPOSED A-2 RESTARUANT OCCUPANCY. THE WILL SERVE LETTER TO BE ATTACHED TO THIS RE-SUBMITTAL 7. RESPONSE: DOES NOT APPLY 8. RESPONSE: DOES NOT APPLY 9. RESPONSE: WASTE MANAGEMENT: CURRENT TENANTS AND/OR OWNERS PROVIDE TRASH AND RECYCLE TO BE ROLLED OUT TO CURB. A LETTER OF CORRESPONDENCE TO BE PROVIDED AS ATTACHED TO RE-SUBMITTAL. 10. RESPONSE: OUTDOOR DINING HAS SIGNIFICATELY CHANGED PER LAST SUBMITTAL. PLEASE REVIEW THE DELETION OF THE ADJACENT COURTYARD REVISED LOCATION AND DOWNSIZING OF OUTDOOR "PATIO" DINING FOR DETERMINATION. POLICE COMMENTS: 1. DOES NOT APPLY AT THIS TIME FIRE COMMENTS: 1. DOES NOT APPLY AT THIS TIME PLANNING: 1. PROJECT NUMBER 2018-0001 HAS BEEN INCORPORATED TO THE PLANS. 2. RESPONSE: DOES NOT APPLY 3. RESPONSE: DOES NOT APPLY 4. RESPONSE: DOES NOT APPLY 5. RESPONSE: DOES NOT APPLY 6. RESPONSE: DOES NOT APPLY 7. RESPONSE: DOES NOT APPLY BUILDING 1. TO THE BEST OF OUR KNOWLEDGE, THE PROPOSED TENANT IMPROVEMENT COMPLYS WITH CURRENT CA ACCESSIBILITY REQUIREMENTS FOR ADA RAMPS AND LANDINGS, EGRESS, AND TOILET FACILITIES TO NAME A FEW. THE BUILDING OFFICIAL MAY BRING UP ANY DISCREPANCY WITH THE DESIGNER OF RECORD. 2. THIS ITEM NO LONGER APPLIES DUE TO NO NEW OPENINGS ON THE NORTH WALL TO THE ORIGINAL COURTYARD. 3. TOILET FACILITIES TO THE BEST OF OUR KNOWLEDGE AND THROUGH THE OCCUPANT LOAD EXCEPTIONS CLAUSE MEETS CURRENT REQUIREMENTS. 1 TOILET AT OCCUPANTS 1 :50 AND 2 TOILETS AT OCCUPANTS 51-150. EQUAL DIVISION MALE/FEMALE RATIO. SEE SHEET A2 FOR THE OCCUPANT LOAD EXCEPTION CODE CLAUSE. THE BUILDING OFFICAL MAY BRING UP ANY DISCREPANCY WITH THE DESIGNER OF RECORD. 4. OCCUPANT LOADING AND EXITING HAS BEEN PROVIDED THROUGH A LOAD ANALYSIS ON SHEET A2. EXITING IS SHOWN AS 2 FORMS OF EXITS PER THE FORMULATED CALC AND PER CURRENT CODE. OUR REQUEST FOR THE EXCEPTION RULE IN THE CALIFORNIA BUILDING CODE TO DESIGN BASED ON A REDUCED OCCUPANT LOAD DUE TO A MORE FINE DINING APPROACH FOR THE FACILITY. THE BUILDING OFFICAL MAY BRING UP ANY DISCREPANCY WITH THE DESIGNER OF RECORD. ~ ... THANK YOU FOR YOUR l sT REVIEW OF RP 2018-001 (DEV2018-0009) CORDIANO WEST. IF YOU HAVE ANY QUESTIONS OR COMMENTS, FEEL FREE TO CONTACT ME AT THE FOLLOWING: BHG DESIGNS BRIAN H. GARRETT OWNER AND DESIGNER 1 7215 ROCKHOUSE ROAD RAMONA, CA 92065 619.944.4810 BRIAN@BHGDESIGNS. NET Cify of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www .ca rlsbadca .gov E-34 j INSTRUCTIONS: ' To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. . PROJECT INFORMAnON PROJECT NAME: C 0~ D \~No WF-C;>-r PROJECT ID: APN : 20...,· 0\0·0~·00 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is: 9 \. '~ ft2 (._ __ _,) acres The total proposed newly created and/or replaced impervious area is: <?Jl. '~ ft2 ( ) 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 N /K , SWQMP #: _______________ _ Then, go to Step 1 and follow the instructions. When completed, sign the for~ at tli'e application to the city. ~ -..._,. · -• mit this with your E-34 Page 1 of 4 REV 02/16 ,,, ,, STEP1 .,.,, ~' " IF• T()1BE 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 !gj □ 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): .~€-Alt~ ~o A f..TF-./i:. ,C.-t 10)-1$, "T1> ~ "31,) I \..PU•-l C..S S~c.,-rvee.. , lt-J"1'€R,o~ ~ C;; """ .:, p ~ L. w ,~,~ Uc>G~~ 0~ RltiMP Fo~ APA A-r 'E 'XIS1' lhl & Pt~P~c..-r PA~"-' 5~~ ~A-~s Prr->t> Uf "A.A,O~ Of' !>A"IIO Foo~1,-.,c. A-r-E~>~•TJ,-J (,. A$f\~,r f>A" 11-,>", Co>-1$ I Of;A..€p ~~pi.-A-~""'e-~""'" p~ 1.3 6v ,t>~L-1 ~.E.S. If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 ~ ' TO BE COMPLETED FOR ~LL 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; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets auidance? 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? □ □ 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 auestions, vour project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/17 .. , STEPS ,.,. --" ,', TOBE COMPLaTEl>flOR ALL N!W OR AEDEVILOPMSNT ,.PflOJECrS 'l\' 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 impeNious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and oublic develooment oroiects on oublic or orivate land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impeNious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impeNious surface? This includes commercial, industrial, residential, mixed-use, and public develooment oroiects on oublic or orivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impeNious 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 impeNious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impeNious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impeNious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation 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 impeNious surface collectively over the entire site, and discharges directly to an Environmentally □ □ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the oroiect to the ESA (i.e. not comminqled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impeNious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534 or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impeNious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer dav. 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impeNious surface or (2) increases impeNious 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 ... II 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 statina "Mv proiect is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 04/17 , . STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAt ARE PRIORITY DEVELOPMEN'T PROJECTS (PDP) . ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3 .b.(2)): Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = ____________ sq. ft . Total proposed newly created or replaced impervious area (8) = ___________ sq. ft. Percent impervious area created or replaced (8/A)*100 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statin "M ro·ect is a PDP ... "and com lete a licant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE Af?PLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 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. 129" My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Title: __ o __ W __ l/vl/1-________ _ Date: _----,!,,-6 _..3,r:;....__~_2,_l_--_}.....,,l$:;....._ ___ _ * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 Cordiano West -Exhibit Photo "I<' EXISTING BUILDING FACADE: ALL THREE EXTERIOR CMU WALLS OF THE BUILDING WILL HAVE AN APPLIED PLASTER WITH A RANDOM PATTERN OF BRICK VENEER THROUGHOUT. THE EXTENT OF THE PLASTER IS AT THE APPLICANT TENANTS PORTION OF THE BUILDING ONLY. SEE SHEET A9 ELEVATIONS THAT SHOWS THESE EXTENTS. PLANTERS AT TYLER STREET FRONT WILL HAVE A DARKER ACCENT PLASTER COLOR WITH SAME BRICK EFFECT. COURTYARD CMU COLUMNS/PILASTERS WILL HAVE PLASTER FINISH WITH BRICK COPING AND OLD-WORLD STYLE BRICKWORK IN BETWEEN. TRELLIS WORK WILL HAVE GRAPE-VINES AND WINE BARRELS THROUGHOUT. CORDIANO WEST THEME: THE STYLE IS TO CREATE A CASUAL RESTAURANT WITH OLD-WORLD CHARACTER INFLUENCED BY CORDIANO VINEYARDS AND THE CHARACTER OF SOUTHERN ITALY. WARM-HUE TONES OF PLASTER, OLD- WORLD BRICK, CUSTOM WROUGHT IRON- WORK, INDOOR/OUTDOOR SPACE, WINE BARRELS AND AMBIENT LIGHTING ARE SOME OF THE KEY FOCUS AREAS TO BRINGING •AMORE• TO THE CARLSBAD VILLAGE AREA SO THAT FRIENDS AND FAMILY FROM ALL AROUND CAN EXPERIENCE THE PASSION OF FOOD, WINE, AND TOGETHERNESS THAT CORDIANO HAS TO OFFER. 3 / 3 5 Ty Ir'(" 5-/r te. f (Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: ___ {_G_Y_dJ_1_,_~_(16 ___ c;, __ w,_t'_S ____ f __________ _ APPLICANT NAME: __ G_e_y_q_>-gj___.__o __ Cc_o __ r'"""'~___,;../_·a ...... .NC--=---------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) Page 1 of 1 D JAN 2 2 2018 CITY OF CARLSBAD PLANNING DIVISION Revised 07/10 I'-~ ~ ·~ .~ HowesWeiler • .. · ~ &Associates~ / LAND USE PLANNING AND ENGINEERING ~ Subject Properties PROJECT DESCRIPTION CORDIANO WEST The proposed restaurant with outdoor dining will be located on three parcels 3135 & 3155 Tyler Street and 505 Oak Avenue. The southernmost parcel, 3135 Tyler Street currently is being used as a paved 21 space parking lot. A 6,225 square foot building is located on the center lot at 3155 Tyler Street. The building is divided into three sections. The back 1,625 square feet is occupied by the offices of A-1 Towing. The center suite of 1,580 square feet is vacant and it is unknown at this time what type of use will be located in this suite. The proposed Italian restaurant will be located in the remaining portion of the building closest to Tyler Street. This portion of the building has an exterior area of 3,067 square feet and an interior area of2,940 square feet. The northernmost parcel, 505 Oak A venue is currently used as a parking lot with a total of 12 parking spaces. The project proposes to use this lot for an outdoor dining area. Restaurant Design As mentioned above the proposed restaurant will have an interior dimension of 2,940 square feet with a seating area of 1,130 square feet to accommodate a total of 64 seats. An additional 64 seats will be provided in the trellis covered outdoor dining patio on the northernmost parcel as well as a wine tasting room. The existing paving in the outdoor patio area will be removed and replaced with pavers on top of a concrete slab. There will be no increase in the amount on non- porous surface in this area. The exterior of the portion of the building which will house the restaurant will have an applied plaster with a random pattern of brick veneer to create and old world character. Parking Most of the parking for the proposed restaurant and other uses on the site will be provided at the existing 21 space parking lot at 3135 Tyler Street. No changes are being proposed to the existing design of paving of this lot. An additional three compact parking spaces are available at 3155 Tyler Street. Per the requirements of the Village Master Plan and Design Manual, restaurants are required to provide one parking space for every 125 square feet of restaurant area excluding hallways, storage, restrooms, etc. Based on removing those areas the dining and kitchen area of the restaurant has a net area of 1,673 square feet requiring 13 parking spaces. Since there are three compact parking spaces directly in front of the proposed restaurant at 3155 Tyler Street this leaves a total of 11 parking spaces for the remaining uses in the building at 3155 Tyler Street. As mentioned above an additional 64 seats will be provided in the proposed outdoor courtyard. As addressed on page 179 of the Carlsbad Village Master Plan and Design Manual no additional parking is required for this area since the amount of parking is equal to or less than the parking within the restaurant. As addressed on page 178 of the Carlsbad Village Master Plan and Design Manual if no additional parking can feasibly be accommodated onsite, as determined by the appropriate 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www,hwplanning,com 7 60. 929 ,2288 ' ' ~-HowesWeiler ,. ./ ~ &Associates~ / LAND USE PLANNING AND ENGINEERING ~ decision-making authority, then the existing available parking shall satisfy the total parking requirement for the new use. The applicant is aware that they will have to participate in the City's In-Lieu Fee program to replace the parking spaces on 505 Oak Avenue with an outdoor courtyard. 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanning.com 7 60. 929 .2288 DATE: TO: FROM: January 22, 2018 City of Carlsbad TRANSMITTAL Howes Weiler and Associates SUBJECT: Cordia no West -Administrative Development Permit This transmittal accompanies the following documents and exhibits: 4 copies of the site plan, floor plan and elevations (No landscape plans since the only landscaping will be in planters) Exterior color samples Project Description Hazardous Waste Statement Location Map Photos of the site Environmental Information Disclosure Statement 300' radius map and owner's list 2 Title Reports JAN 2 2 2018 2888 Loker Avenue Eost, Suite! 217, Carlsbad, CA 92010 www.hwplanning.com 7 60. 929 .2288 Ccicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) -....,I 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): D 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 !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: 6rr 4 .. e:fc; Cv >-P0' ~~o Name: __________ _ Address: IS 7 3 ;2, lhj I, /4. ,ye/ V ,ffry ;e<>"r/ Address: ________ _ F-$Co1Ve,/,~O', Cfl 9)o ,-s Phone Number: Zv ~ -l{L/ J -~ ~ ~ / Phone Number: _________ _ Address of Site: 3/3 S • 3/S S Tyi!'r 5fre~ / "",,,/ So5 o"/f /lvt'~IA.~ , Local Agency (City and County): Ce. Y Is 6 ~ el', S ~ IV l'J1 Cf!O Co""""' ly: Assessor's book, page, and parcel number:. ___________________ _ Specify list(s): _____ /{/ __ fJ _____________________ _ Regulatory Identification Number: __ ....;µ __ // __________________ _ Date List: _____ ..:.fv __ ,9.:.---------------.----------,--- /v, ~ 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 ~~i~ ~~~.,~:!i~. P-1(C) Page 1 of2 JAN 2 2 2018 ClTY OF CAi-\LS3P.D ?U.N!\Jil\JS '.)l\J'.S,C,>J Revised 02/13 r·" ,.. ------------1.. ",,;-------------,_ C_cicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL l~PACT A§SESSMENT INFORMATlON FORM · Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation . (i.e., Environmental , Impact _ Repbrt, Mitigated Negative Declaration, Negative Declarati9n or Exemption.) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy 0f the information you proyide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e:, biological, cultural resource, traffic, noise) that are necessary to substantiate . a "no impact'' or '~yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is b~ing sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. · . . P-1(0) Page 1 of 4 RccJ:1v2n JAN 22 2018 CITY OF CARL . PLANNJNG D!V~~~D ''-'•......,;}\I Revised 07/10 0 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. Name of project: __ {._o--'-Y....;~;......:..i-'a--'-'IV'---'O'--_Wc;;.........;;~'-'.S;;;....:..f ____________ _ Name of developer or project sponsor: 6e >'4 >-do {o ye,//a JV q Address: /S73). J//j/,/'tN/ [/4/tcy l<oad City, State, Zip Code: £SC otvd, 'do , C 19 9) 0). .£ > Phone Number: 7 ~ 0 -'f 'f 3 -;2,., ~ / Name of person to be contacted concerning this project: /IJ / A'2--/(o wt 5 Address: .2 g ~ g LO k'e .,. /-) V(lv t( e f;. s tf //i, ). I 7 City, State, Zip Code: { e, >' / 5 6 e, &-1j C 19 9'.') O )-> Phone Number: 7 6 0 -9 ,_ 9' -). ;l. 8' g, e 1f I, 'f O 3 AddressofProject: 3/3 5 Tvlr:r slr(tl le,}'/41~✓ ( Assessor's Parcel Number: ) v y' -0 I O -~I 1/ f / t 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: Existing General Plan Land Use Designation: __ ......L.V-L..f<..:...-__________ _ Existing zoning district: L e. ~el' l/ 5 /J1 •5 /rt C f ~ Existing land use(s): f e. r fie-/ 7 CC: c lf /it'// t, 1/c/;'iv J e-n/f?"' r/(✓A--'f I~ h Proposed use of site (Project for which this form is filed): ~ ( s /q Cf re,, rvf w / 14 ; C'f/oivcr: '6&1:V3 '1Y(t:, Project Description 10. 11. 12: 13. Site size: _ __.l .......... ~-+.__,5?~J,'-?~""""2~?'---'Y"-'"""""Y'-'(.____.{t~~-:.f...;..f _________ _ rot/)11~~1'/ctiv, ~ J.).S w"~t~vye-,.,f:;. 9yc,, fl/ Proposed Building square footage: Number of floors of construction: ----=(i:;..;/f/__;;~;__ _____________ _ Amount of off-street parking provided: __ l=-.,.__ _____________ _ 14. Associated projects: _______________________ _ P-1{D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ Alo -r /Jffl. J C & /31.. E 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ hc/2 o5 t'c/ X f~ //e,r' tzs 1:4 ~ .,-e-,,v/ wl/// O w-/4/40 r 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ Alo T /.J tfL. .Jc ,113L E. 18. • If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ /JffL 1 C ~8Lf, 19. , If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ No 7 II ffL J. C /ti 13 L 1=.. P-1(D) Page 3 of 4 Revised 07/10 C 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 genera} 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 1 O 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 □ ~ □ □ □·:. □ 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:____._/_/~/ t ___ /f___..._i __ ' .. Signature: ~ ~-----• For: P-1(D) Page 4 of 4 Revised 07/10 CORDIANO WEST Environmental Information 32. The project site consists of three parcels. The southernmost parcel is currently being used as a paved parking lot with 21 parking spaces. There will be no changes made to this lot and it will continue to be used as a 21 space parking lot which will serve the proposed restaurant use only. No other parking will be permitted on this lot. The trash facilities for the proposed restaurant will be located at the back of this parking lot. A 6,225 square foot building is located on the center parcel of the proposed project site. The proposed restaurant will be located in a 2,940 square foot portion of the building closest to Tyler Street. This portion of the building was previously used for a fitness business. The back 1,625 square feet of the building serves as an office for A-1 towing. At this time 1,580 square feet in the middle of the building is vacant and it is unknown what future use will occupy this portion of the building. Approximately 3,466 square feet of the northerly parcel will be used for an outdoor patio and waiting area for the proposed restaurant. This area is paved and currently used for parking purposes. As described above this site has been previously graded and utilized for parking or a building. There are no historical or cultural remains on the site and there are no scenic aspects of this property. The proposed project does not propose any grading or additions to the existing building. 33. The property to the south of the project site is occupied by A-1 towing. The property to the west consists ofNCTD Right-of-Way occupied by the railroad and rail trail. Carlsbad's Boys and Girls Club is located to the east of the site across Tyler Street. The northern portion of the project fronts on Oak A venue. A glass blowing business in a one story building will be located in a portion of the building on the north parcel adjacent to the proposed outdoor patio. None of these sites contains any habitat, cultural or historical resources. 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanning.com 7 60. 929 .2288 C_cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov JAN 2 2 2018 CITY OF CARLSBAD PLANNING DIVISION Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant incllldes a corpoi:ation 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, inctude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person &eY 4 r /4 {c Y c/1 ~ /110 Corp/Part. __________ _ Title,____________ Title, _____________ _ Address/? 2 3 ; #iJ A /e-,-1/ (;e,/{y /?/. Address __________ _ E}C4,1/~~, cl? ", lo)S OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having ~my 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.) ft>-S 0 N ·L L . / Person /1? ~ ff I./~ I/ Ger19,'Pe,t Tnc-;v, er!, .f "' ,,vu II ll /c, Ne, Title ___________ _ Address ;l. 'f ~r W //1/jY!j rtt l'V Cv// ~ f "/, ( If 2 )&-c '6' ✓ Title, _____________ _ Address ____________ _ Page 1 of 2 Revised 07/10 C 0 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 ___________ _ Ti tie -------------- 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 D No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. ormation is tru~ J:9d correc to the best of my knowledge. )( i)µ(_l,/.,t,Vlt ti,~ ol(lf(/f ) ~~=:::::::::.-:-- -,-.C.lq,4,/fS4,t6,~-/----~~c......_;____,i,'-'.,U,,ur Print or type name of owner Print or type name of applic~nt . -,.-· Signature of owner/applicant's agent if applicable/daie · Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 APN 204-010-3, 4 & 7 Matt Hall 3135-3155 Tyler Street OWNERS 3135-3155 Tyler Street Properties Member Manager 2948 Wintergreen Carlsbad, CA 92008 760-801-8055 APN 204-010-16 505 Oak A venue Thomas and Lucinda Vigne 3880 Hibiscus Circle Carlsbad, CA 92008 760-212-3138 fl TICOR TITLE™ 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00514355-995-CC1 HowesWeiler & Associates 2888 Loker Avenue East, Suite 217 Carlsbad, CA 92010 ATTN: Mike Howes Email: mikehowes@hwplanning.com Reference No.: Escrow/Customer Phone: (760) 929-2288 Title Officer: Candy Church Title Officer Phone: (619) 260-5281 Title Officer Fax: (619) 692-9465 Title Officer Email: churchteam@ticortitle.com PROPERTY: 505 Oak Avenue, Carlsbad, CA 92008 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written,representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. /l /J ~ CHICAGO TITLE INSURANCE COMPANY By: -=(t/_tl{µ_--"----------"" Authorized Signature CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) Page 1 ..... /4-- Order No.: 00514355-995-SDT-CC1 • TICOR TITLE™ PRELIMINARY REPORT EFFECTIVE DATE: December 13, 2017 at 7:30 a.m. ORDER NO.: 00514355-995-CC1 The form of policy or policies of title insurance contemplated by this report is: CL TA Standard Coverage Policy 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee Estate 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Thomas D. Vigne and Lucinda S. Vigne, Husband and Wife as Community Property 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) Page 2 Order No.: 00514355-995-SDT-CC1 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Ticor Title Company of California THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY 90.00 FEET OF THE NORTHEASTERLY 140.00 FEET OF LOT 1 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, AND THE NORTHEASTERLY 50.00 FEET OF LOT 1, INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, APN: 204-010-16-00 CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 3 Order No.: 00514355-995-SDT-CC1 PRELIMINARY REPORT YOUR REFERENCE: - Ticor Title Company of California EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Homeowners Exemption: Code Area: 204-010-16-00 2017-2018 $2,031.09, Paid $2,031.09, Paid $None 521 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public Utilities, Ingress and Egress March 13, 1952 in book 4402 page 430 official records as shown on said document 6. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: Rebel Rents lnc.(California) and Perris Valley Rentals General Electric Capital Corporation April 26, 2002 as instrument No. 2002-0356558 A change to the above financing statement was filed Nature of Change: Recording Date: Recording No: Continuation February 9, 2007 as instrument No. 2007-0092893 7. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page4 Order No.: 00514355-995-SDT-CC1 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Title Company of California 8. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 9. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 10. If the Land is located within the area affected by a Geographic Targeting Order issued by FinCEN (California counties of Los Angeles, San Diego, San Francisco, Santa Clara and San Mateo), the Company must be supplied with a completed ALTA Information Collection Form ("ICF"). 11. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) END OF EXCEPTIONS Page 5 Order No.: 00514355-995-SDT-CC1 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Ticor Title Company of California 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's AffidaviUDeclaration is attached to this Preliminary ReporUCommitment. This AffidaviUDeclaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested AffidaviUDeclaration. CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) END OF REQUIREMENTS Page 6 Order No.: 00514355-995-SDT-CC1 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Ticor Title Company of California 1. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 505 Oak Avenue, located within the city of Carlsbad, California, 92008, to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. Candy Church/rv5 CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) END OF INFORMATIONAL NOTES Page 7 Order No.: 00514355-995-SDT-CC1 Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWA VS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal personal information about you, like your contact information, information from you via applications, forms, and correspondence address demographic information, social security number (SSN), we receive from you and others related to our transactions with driver's license, passport, other government ID numbers and/or you. When you visit our websites from your computer or mobile financial information. We may also receive browsing information device, we automatically collect and store certain information from your Internet browser, computer and/or mobile device if you available to us through your Internet browser or computer visit or use our websites or applications. equipment to optimize your website experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you, to information to our affiliates and/or nonaffiliated parties providing improve our products and services, and to communicate with you services for you or us, to law enforcement agencies or about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain information from children who are under the age of 13, and our disclosure or use of your information or choose to not provide any website is not intended to attract children. personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with your information, you privacy practices of third parties, even if our website links to those consent to its transfer, processing and storage outside of your parties' websites. country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information Access and Correction; Contact Us. If you desire to contact us to us or by using our website, you are accepting and agreeing to regarding this notice or your information, please contact us at the terms of this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Page 1 Order No. 00514355-995-SDT-CC1 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate-and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00514355-995-SDT-CC1 • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes -information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes -information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00514355-995-SDT-CC1 International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer Is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than ( 1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00514355-995-SDT-CC1 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company TTCC -Ticor Title Company of California Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RA TE (TTCC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 12/01/2014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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. CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: Attachment One (6-5-14) CA & NV 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 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (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 (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; Attachment One (6-5-14) CA & NV (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. Attachment One (6-5-14) CA & NV {[ r~ ,I ~I 1~ 0 g ~k; fr 1!-i,:•lr 1r nl ~ -1 [ tis · i t o" rl:;~ r~ l ~ i" ~ ff rt i·f tl I· t rt --t a M n 2.~ 11 t ~ 09 E9 ~ ~"Ir.:"' IOOIC!04,ACE01 _J Ev Id ~ ~ a: 4 ST ' 5 © O.SIAC r:;J -4 ST~ @ &~@ O.&$AC 7-,-f 21 :•e1,s 114 1 , .cr:1§ RAIL lRM. 8'"'9f, ~ & RM. lRM. 8 ····························································e ············· WASHING~ ST ,~ ! 'If!-," .............. .., .. ~ ~ f 1~AC ,OIi ~IUllo\Wl 9o,&-37-&.1 ATLSFRR) @) POIII ...,.15ASK 804-.17-8J I ~& AC WASHINGTON Pit£ AIE-;--, I r ~ ST I SEC 6·T12S·R4W ·POR SWl/4 SEC l·Tl2S ·RSW·POR SEl/4 M.4P 1743 -INDUSTRIAL TRACT -LOTS t-5 204--01 ~ ,·.,oo· E9 a, /JOt,oa, .,, C: U/, 1\1~1 -s BL• OLD NE'fi = COT 10 -,~~ ,tc i. .. ,-. "'"" =-04 ,w .. .,,.-..!. .. mn 1 ==n~~=°~ I ,,., ..,. IDl'\Y w111 """"-.....,... °" aanm--.a MAP 775 ~, 535) -TOWN OF CARLSBAD AMENDED -F'OR TCT 108 ROS 3194