HomeMy WebLinkAboutCDP 2017-0015; 7109 DAFFODIL REMODEL; Coastal Development Permit (CDP)Ccityor
Carlsbad
LAND USE REVIEW
APPLICATION
Development Services
Planning Division
P-1
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits A (FOR DEPT. USE ONLY)
~ oastal Developm~~~ ffi~r CP D General Plan Amendment
t ~,,-
DDl6
1'.!'.:f-1:toTrmtie...ll..U$8..~lllit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
;~11-00C
D Hillside Development Permit D Minor
~onconforming Construction Permit l"lP
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance -@M1t1or
D Local Coastal Program Amendment
□ Master Plan D Amendment
□ Specific Plan D Amendment
□ Zone Change
□ Zone Code Amendment
'2,_South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P .M.
ASSESSOR PARCEL NO(S).: 214-41()14-00 ---------------------------------
PROJECT NAME: 7109 Daffodil Remodel
BRIEF DESCRIPTION OF PROJECT: add second story, ground floor master bedroom and expand living area
PROJECT VALUE
(SITE IMPROVEMENTS) $280,000
LOCATION oF PROJECT: 7109 Daffodil Place
ON THE:
BETWEEN
P-1
west
(NORTH, SOUTH, EAST, WEST)
Foxglove
(NAME OF STREET)
ESTIMATED COMPLETION DATE 11/30/2017
STREET ADDRESS
SIDE OF Daffodil Place
(NAME OF STREET)
AND Tulip
(NAME OF STREET)
Page 1 of 6 Revised 09/16
C
OWNER NAME (Print): David and Nancy Deisinger
MAILING ADDRESS: 7109 Daffodil Place
CITY, STATE, ZIP: Carlsbad, CA 92011
TELEPHONE: 760-815-0721 --------------EM A IL ADDRESS: david@deisingerrealestate.com
APPLICANT NAME (Print): David and Nancy Deisinger
MAILING ADDRESS: 7109 Daffodil Place
CITY, STATE, ZIP: Carlsbad.CA 92011
TELEPHONE: 760-815-0721 --------------EM A IL ADDRESS: david@deisingerrealestate.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
APPLICANT'S REPRESENTATIVE (Print): s •w le\ X ·R:£? X' f\-(, VV\_ 0-Af\ -t? ("MA,f-s 1 tJ K.ot\.D ~
MAILING ADDRESS, ~~:'::s ~ Q ti"\ ,Sf.
c1TY. sTATE. z1P: ;:n , -e~o la Cf 11 ls-
TELEPHONE: lo\q qq4 o(Ys:q-_
EMAIL ADDRESS: e.e,ym ,tcScv cox. o~t
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
KNO ,L E. V) ~ . ~ 2-/2-·t/J·t
DAfE 1
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.
F RES CTI N: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
HE Tl E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
BIND Y SUCCESSORS IN INTE ST.
FOR CITY USE ONLY
P-1 Page 2 of 6
RECEIVED
FEB 2 7 2017
CITY OF CARLSBAD
DA f~~tNfF3Rl~.ilfN@S'kEcE1vED
RECEIVED BY:
Revised 09/16
SCREENING OF EQUIPMENT
Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks,
collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators,
ovens, etc ... ) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such
equipment, as well as screening materials, are required on all site plans. See example below.
P-1
PROPERTY LINE
35' LANDS ' PE
SETBACK
EXAMPLE OF SCREENING MATERIAL DISPLAY
Page 6 of6
PROPERTY LINE\
50' LANDSCAPE
SETBACK
Revised 06/12
('city of
Carlsbad
DISCLOSURE STATEMENT
P-1 (A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture , association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person____________ Corp/Part. ___________ _
Title ___________ _ Title _____________ _
Address Address ------------------------
2. OWNER (Not the owner's agent)
P-1 (A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person A, I\-~ -l \ S ; (l') u Corp/Part J,,,_ l'lC~ ~ I vt r-/
Title 01-JY\Jl./ Title_--tt)_l,)---')lg__c ____ -,C,-----,--,/'--.~
Address 7/D j\)"-~1· / ~ Address "JlO ~ ~..._(bJ) ?/
U-/Ls~ C& jtott Cz.c(skJ~ ~12£2 l/
Page 1 of 2 Revised 07/10
C
3. NON-PROFIT ORGANIZATION OR TRUST
4.
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 ------------------------
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?
Oves If yes, please indicate person(s): ___________ _
sheets if necessary.
Print or type name of owner
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: _7~/ 0-..........J_])"""'""\ _q_crc .............. ""'-0\ ......... \_._\ ~e'--£~M ......... v ....... c ....... i..__L'--'-( ____ _
APPLICANT NAME: _S_'l_i+-'\'--o..-'-y--~-'==--'-m_-<¼½~a--=--,n ________ _
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/r~a:~l ~ <>d_J,t~ +o ""-<:: i'V\1 ~
~.,.., ', l1 k~cfaW (vl Si ~v-,,h;,.,/ 'n, r-t ~.
,4JJ, :-i.'\ ~ Cf CoLMJ k/oo, tlv\o.._\--&r av,g/
"'-~(b-oy,,.., ~ l'"tl-\<t \.)~~(S'
P-1(8) Page 1 of 1 Revised 07110
(cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
□ The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
The development project and any alternatives proposed in this application ~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: S~ \a\ Bo\ nf;\'Vl.Cl"1
Address: 41"\'5 (o [)fV' s+.
wn D\ -e-9 o [ct 01A I 5
Phone Number: ____________ _
Address of Site: 1/D c(A£fodt ( R
Local Agency (City and County): __ W=-~_....{s .......... k"'-'t. __ .A=-----------------
Assessor's book, page, and parcel number: Zl'-{ -'-/ID ~ I Y -() 0
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
C
ENVIRONMENTAL INFORMATION FORM·
(To be Completed by Applicant)
Date Filed: 2, · Z-l · f L (To be completed by City)
Application Number(s): &P{''2-ol'1-bQ\ BJ NL-P Zo l 1 -0002.
'
General Information
Name of project: _t_lV-=---q_u~~_......,C ...... ~~l ~(_(J~f1.,___;<..Q~---------1.
2.
3.
4.
5.
6.
7.
8.
9.
Name of developer or project sponsor: ___ \'J---1\t-~---------------
Address: ____________________________ _
City, State, Zip Code: ________________________ _
Phone Number: __________________________ _
Name of person to be contacted c ncerning this project~, 'du~ lS , "'7/L£
Address: I D 7 , \
City, State, Zip Code: ~ ( ~ ~ Gfr 9W / {
Phone Number: 1<aO~l2.=-9,.-7 2, (
Address of Project: -, , 0'7 ~~d I { ?10 LP_ ~ ls~ ? 2,l) I 7
Assessor's Parcel Number: 'l) L-/ -'-/ I D -J '-f-O 0
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: ________________ _
Existing zoning district: _______________________ _
Existing land use(s): ________________________ _
Proposed use of site (Project for which this form is filed): ____________ _
Project Description
10. Site size: ____________________________ _
11. Proposed Building square footage: """;1,_· .... '5~-o_o _________________ _
12: Number of floors of construction: 2----------------------
13. Amount of off-street parking provided: -"'-------------------
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:
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
"1 j ~
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
~\~
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
P-1 {D) Page 3 of4 Revised 07/10
0
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ ®
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ ~
roads.
22. Change in pattern, scale or character of general area of project. □ 129
23. Significant amounts of solid waste or litter. □ rn:.
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ Jg!
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 1:3.
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 0 percent or more. □ s
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.). □ g]
31. Relationship to a larger project or series of projects. □ )Q
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and· any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exh· present the data and
information required for this initial evaluation to the best of my ab·· , and th the acts, statements, and
information presented are true and correct to the best of my kn led e and elief.
Date: _-z-,...=-h_,_,/JL.-.L] ___ _
1 t Signature:
For:
P-1(0) Page 4 of 4 Revised 07/10
('cicyof
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-6
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40' .)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential -construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒
⇒
⇒
⇒
New Residential Square Footage: . .-;b
/72..D square feet x $ fl, f '!v /sq. ft. = $ Z,'J Z 1ZI g, l Residential Addition Square Footage:
______ square feet x $ ____ /sq. ft. = $ _________ _
Any Garage Square Footage:
______ square feet x $ ____ /sq. ft. = $ _________ _
Residential Conversion Square Footage:
______ square feet x $ ____ /sq. ft. = $ _________ _
⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse
uses.)
______ square feet x $ __ /sq. ft. = $ __________ _
COST OF DEVELOPMENT ESTIMATE: $ ___________ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimatey D
2. A Coastal Development Permit ($60,000 or more cost estimate) '2f · ·
C. -,o 0 (
P-6 Page 1 of6 Revised 08/16
0 0
D. Assessor's Parcel Number of proposed development
ZJ 'f -'-ftD-(Lf-00
E. Development Description:
Briefly desc~ibe project:---1.::....a.~:.l:-....i.;.i,-~dQo.L..,,-.....!....::..=~=--L.._---1oo~,.a..l...!o..U,~~~~~,
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices,
etc.) that ~urround t prop_?sed development to the:
G.
North:,......,at...:..!.....u,,,,.,.lloA-.........,""""ua.....i...,..~-------------------
South.,~~~y,--........;~~=,...1~.--------------------
East:----,,:3,-+-1U.11M::,~--~c.J!J~:i---:=\------------------
West:----.~~~~--~"""'-l~.......,....,.JL.1-------------------
0Yes ~o
II. PRESENT USE OF PROPERTY
A. Are there existing structures on the property?
If yes, please describe.
B. Will any existing structure be removed/demolished? ~s 0No
Ill. LOT COVERAGE
A. Existing and Proposed
Existing Pro~osed Total
Building Coverage \ I :J--5"1 sq. ft. ta'l-1--sq. ft. 2,5'2>"7 sq. ft. ":x)
Landscaped Area 'W sq.ft. --sq.ft. ~sq.ft.
Hardscape Area 14-0 sq. ft. q~o sq. ft. l , L'20 sq. ft. \4-
Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft.
P-6 Page 2 of6 Revised 08/16
%
%
%
%
,,
P-6
B. Parking: Number of existing spaces 2-Cc, v\....>c.e.vA
Number of new spaces proposed_.__ ____ _
Existing/Proposed TOTAL: __ 5 _____ _
Number of total spaces required ______ _
Number of covered spaces
Number of uncovered spaces _______ _
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
D Yes#_ [>!(Jo
OYes#_~o
C. Grade Alteration:
Is any grading proposed? D Yes laNo
If yes, please complete the following:
1.
2.
3.
4.
5.
Amount of cut ___________________ cu. yds.
Amount of fill cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
6. Location of borrow or disposal site ________________ _
Page 3 of6 Revised 08/16
C
The following materials shall be submitted for each single family residence/minor coastal development
permit application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
P-6
A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a
Single Family Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain
the following information:
1. GENERAL INFORMATION
Oa. Name, address, and phone number of registered civH engineer, licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
Ob. Location, size and use of all easements.
De. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
Od. Distance between buildings and/or structures.
De. Building setbacks (front, rear and sides).
Of. Location, height and materials of walls and fences.
Og. Dimensions/location of signs.
Oh. A summary table of the following (if applicable to the application):
0(1) Street address and assessor's parcel number.
0(2) Site acreage.
0(3) Existing Land Use Designation and Zoning.
0(4) Proposed land use.
0(5) Total building coverage (in square feet and as a percent).
0(6) Percent of site to be landscaped.
0(7) Number of parking spaces required/provided.
0(8) Square Footage of open or recreational space (if applicable).
0(9) Cubic footage of storage space (if applicable).
Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please
consult the Planning Division and Land Development Engineering Division representatives for
a determination on any grading plan geotechnical requirements if the project is in an overlay
zone. The following information shall be submitted at a minimum:
D 1. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the boundaries
of the site. Extend contours sufficiently out from the site to adequately show the adjacent
floodplain (if applicable).
02. Earthwork volumes: cut, fill, import and export.
03. Spot elevations at the corners of each pad.
04. Method of draining each lot. Include a typical cross section taken parallel to the frontage
for lots with less than standard frontage.
05. Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
06. Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
Page 4 of6 Revised 08/16
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Coastal Development Permit prepared
on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
information:
01. Location and size of storage areas.
02. All buildings, structures, wall and/or fences, signs and exterior lights.
03. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
05. Building Heights of all structures (top of roof and top of roof projections)
D. CONCEPTUAL LANDSCAPE PLANS -Four (4) copies of the site plan shall be submitted if
applicable. To determine if a landscape plan is required, consult Chapter 1-App/icability in the
Landscape Manual.
COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's
responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the
Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do
not mount exhibits.
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
@A. ms.
~C.
A completed Land Use Review Application Form.
Completed Coastal Development Permit Application.
Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Coastal
Development Permits for any environmental review requirements.
Disclosure Statement.
Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
Completed "Project Description/Explanation" sheet.
Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34).
This form can be found on the City's website. (Distribute copy to Land Development
Engineering).
If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Project
Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version.
If, when completing the Storm Water Standards Questionnaire, the project is defined as a
"Priority Development Project," submit a preliminary Storm Water Quality Management Plan
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35).
Property Owner's List and Addressed Labels:
Single Family Residence
1. A typewritten list of the names and addresses of all property owners within a 600' radius of the
subject property (including the applicant and/or owner), all occupants within a 100' radius of the
subject property, and the applicable Homeowners Association (HOA). The list shall include the San
Diego County Assessor's parcel number from the latest assessment rolls.
P-6 Page 5 of6 Revised 08/16
C
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject
property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all
CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family
residence, an apartment, suite or building number must be included on a separate line. DO NOT
include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts
are:
Arial 1 O; Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS. JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior
boundaries of the subject property. Each of these lots shall be consecutively numbered and
correspond with the property owners list. The scale of the map may be reduced to a scale
acceptable to the City Planner if the required scale is impractical.
Note: When the application is tentatively scheduled to be heard by the decision making body, the
project planner will contact the applicant and advise him to submit the radius map, two sets of the
property owners list and labels. The applicant shall be required to sign a statement certifying
that the information provided represents the latest equalized assessment rolls from the San
Diego County Assessor's Office. The project will not go forward until this information is received.
Minor Coastal Development Permit
1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only):
P-6
One (1) list of the occupants/addresses located within a 100' radius of the project site; and two (2)
sets of mailing labels of the addresses within a 100' radius.
Sample labels are as follows:
UNACCEPTABLE
Occupant
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Occupant
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
Page 6 of6
ACCEPTABLE
OCCUPANT
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
Revised 08/16
Ccityor
Carlsbad
NONCONFORMING
CONSTRUCTION PERMIT
P-28
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A
proposed project requiring only one application must be submitted prior to 4:00 p.m.
The following materials shall be submitted for each Nonconforming Construction Permit
application.
If you have any questions regarding application submittal requirements (i.e., clarification regarding
a specific requirement or whether all requirements are necessary for your particular application)
please call (760) 602-4610.
I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
A. SITE PLAN -Four (4) copies for a Nonconforming Construction Permit on 24" x 36" sheet(s).
Each site plan shall contain the following information:
1. GENERAL INFORMATION
Da. Name, address, and phone number of registered civil engineer, licensed surveyor,
landscape architect or land planner who prepared the maps/plans.
Ob. Location, size and use of all easements.
De. Dimensions and locations of: access, both pedestrian and vehicular, showing service
areas and points on ingress and egress, off-street parking and loading areas showing
location, number and typical dimension of spaces, and wheel stops.
0d. Distance between buildings and/or structures.
De. Building setbacks (front, rear and sides).
Of. Location, height and materials of walls and fences.
Og. Dimensions/location of signs.
Oh. A summary table of the following (if applicable to the application):
0(1) Street address and assessor's parcel number.
0(2) Site acreage.
0(3) Existing Zone and Land Use Designation.
0(4) Proposed land use.
0(5) Total building coverage (in square feet and as a percent).
0(6) Percent of site to be landscaped.
0(7) Number of parking spaces required/provided.
0(8) Square Footage of open or recreational space (if applicable).
0(9) Cubic footage of storage space (if applicable).
Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual.
8. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please
consult the Planning Division and Land Development Engineering Division representatives for
a determination on any grading plan geotechnical requirements if the project is in an overlay
zone. The following information shall be submitted at a minimum:
P-28 Page 1 of 3 Revised 02/16
01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes
between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100-foot perimeter of the boundaries
of the site. Extend contours sufficiently out from the site to adequately show the adjacent
floodplain (if applicable).
02. Earthwork volumes: cut, fill, import and export.
03. Spot elevations at the corners of each pad.
04. Method of draining each lot. Include a typical cross section taken parallel to the frontage
for lots with less than standard frontage.
05. Location, width and/or size of all watercourses and drainage facilities within and adjacent
to the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
06. Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Nonconforming
Construction Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall
include the following information:
01. Location and size of storage areas.
02. All buildings, structures, wall and/or fences, signs and exterior lights.
03. Existing and proposed construction.
04. Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
05. Building Heights of all structures (top of roof and top of roof projections)
II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
P-28
A completed Land Use Review Application Form.
Completed Nonconforming Construction Permit Application.
Biological resource, cultural resource, and/or other environmental studies that are necessary to
make an environmental determination (i.e. Exemption or Negative Declaration).
Disclosure Statement.
Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
Completed "Project Description/Explanation" sheet. ~ :,/
Two copies of a completed and signed "Storm Water Standards Questionnaire" (form 6).~T
This form can be found on the City's website. (Distribute copy to Land Devel pment
Engineering).
If, when completing the Storm Water Standards Questionnaire, the project is subject to
"Standard Project," requirements, submit a completed and signed "Standard Project
Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the
City of Carlsbad Engineering Standards, latest version.
If, when completing the Storm Water Standards Questionnaire, the project is defined as a
"Priority Development Project," submit a preliminary Storm Water Quality Management Plan
(SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad
Engineering Standards, latest version. Refer to the city's SWQMP templat~~!orm E-35).
Property Owner's List and Addressed Labels: /() t> ~ (oo6 A,-f~l(J ~
1. A typewritten list of the names and addresses of all property owners within a 300' radius of
the subject property (including the applicant and/or owner) and the applicable Homeowners
Association (HOA). The list shall include the San Diego County Assessor's parcel number
from the latest assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 300' radius of the
subject property and the applicable HOA. The list must be typed in all CAPITAL LETTERS,
left justified, void of punctuation. For any address other than single-family residence, an
apartment, suite or building number must be included on a separate line. DO NOT include
Page 2 of 3 Revised 02/16
C c1tyof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
INSTRUCTIONS:
To address post-development pollutants that may be generated from d
development and significant redevelopment priority projects incorporat
Practices (BMPs) into the project design per Carlsbad BMP Design Ma
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance
(subdivision , discretionary permits and/or construction permits). The re
storm water standards that must be applied to a proposed developmen
outcome, your project will either be subject to 'STANDARD PROJE
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of th
staff has responsibility for making the final assessment after submis
determines that the questionnaire was incorrectly filled out and is subje
initially assessed by you, this will result in the return of the development
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 det
questions, please seek assistance from Land Development Engineering s
A completed and signed questionnaire must be submitted with eac
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently. -o '2 -z<; -(} o
PROJECT NAME: PROJECT ID:
ADDRESS: APN : "l-ft..f-'-f JD-/'{ -O 0
The project i
If your proje ed by a WQMP as . t project, provide the project ID and the
SWQMP # rger devel t:
Then , go
applicatio
When completed, sign the form at the end and submit this with your
Page 1 of 4 REV 02/1 6
--.. \ STEP 1
TO BE COMPLETED FOR ALJL PROJECTS -~-
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information. I
Justification/discussion: (e.g. the project includes only interior remodels within an existing bu ilding):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3 .b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ 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 Quidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ s 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? □ t2K
If you answered "yes" to one or more of the above questions, provide discussionJ.justification below, then go to Step 5, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV 02/16
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use,
and public develo ment projects on public or rivate land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the _entire project site on an existing site of 10,000 square feet or
more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
develo ment rojects on ublic or rivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification SIC code 5812 .
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside
develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is
a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street, road, highway ·
freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface
used for the trans ortation of automobiles, trucks, motorc cles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the ro ·ect to the ESA (i.e. not commingled with flows from adjacent lands . *
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair
shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes
RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic ADT) of 100 or more vehicles per day.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21.203.040
YES NO
□ ~
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered ''no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information.
E-34 Page 3 of 4 REV 02/16
HAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
y
Complete the questions below regarding
YES NO
Does the redevelopment project result in ment of impervious surface in an amount
of less than 50% of the surface area development? Complete the percent
impervious calculation below:
Existing impervious area (A) = ----1.;::::::;!;:'.=:;;;;;::;:;;;;;;;;;;;;;;;;;~1 □
Total proposed newly created or replaced impervious area (8) _____ ___,i--;;;..c......,"""""-=-------rq. ft.
Percent impervious area created or replaced (8/A)*1 00 = _____ _
If you answered "yes", the structural BMPs required fc,p,,t,1,1,~,eef) 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 ap licant information.
SlEP5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
-~-My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36'' and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: S ¥-v\ \Cll( \5.ot'(\€..rnCuY) Applicant Title: ----'-"fri,__firV/\=c_:_.._·t'.,__ ______ _
Applicant Signature: ~~{_., ~ ? Date: 2 / 2, 7r / /"1-
• Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence: □ □
By:
Date:
Project ID:
E-34 Page4of4 REV 02/1 6
C
Cl TA Preliminary Report Form
(Rev. 11/06)
Order Number: DIV-5375872
Page Number: 1
Customer Reference:
Order Number:
1ltle Officer:
Phone:
Fax No.:
E-Mail:
Property:
Rrst American Title
First American Title Company
7676 Hazard Center Drive, Ste 1100
San Diego, CA 92108
California Department of Insurance License No. 151
DIV-5375872 (04)
Korey Mulvey
(619)231-4670
(877)648-8386
titleunit4@firstam.com
7109 Daffodil Place
Carlsbad, CA 92011
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Trt:le Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
Rrst American 77tle
Page 1 of 14
C
Dated as of January 12, 2017 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Order Number: DIV-5375872
Page Number: 2
ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy
1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on
which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006
(WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an
unimproved residential lot or condominium unit
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
David Deisinger and Nancy Deisinger husband and wife as joint tenants
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2016-2017.
First Installment: $1,201.81, PAID
Penalty: $0.00
Second Installment: $1,201.81, OPEN
Penalty: $0.00
Tax Rate Area: 09027
A. P. No.: 214-410-14-00
3. Supplemental taxes for the year 2016-2017 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $ 3,126.29, DUE
Penalty: $ 0.00
Second Installment: $ 3,126.29, DUE
Penalty: $ 0.00
Tax Rate Area: 09027
A. P. No.: 869-208-97-56
Arst American Title
Page 2 of 14
C
Order Number: DIV-5375872
Page Number: 3
4. Supplemental taxes for the year 2015-2016 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $ 794.67, DUE
Penalty: $ 0.00
Second Installment: $ 794.67, DUE
Penalty: $ 0.00
Tax Rate Area: 09027
A. P. No.: 859-208-97-65
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. Covenants, conditions, restrictions and easements in the document recorded June 03, 1977
as INSTRUMENT NO. 217525 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition, or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in california Government Code§ 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or california Government Code
§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as restrictions based on familial
status.
7. A deed of trust to secure an original indebtedness of $560,000.00 recorded March 15,
2016 as INSTRUMENT NO. 16-113499 OF OFFICIAL RECORDS.
Dated:
Trustor:
Trustee:
Beneficiary:
LENDER:
March 11, 2016
DAVID DEISINGER AND NANCY DEISINGER, HUSBAND AND
WIFE AS JOINT TENANTS
CALIFORNIA TITLE COMPANY
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
HOMESERVICES LENDING, LLC
First American Title
Page 3 of 14
C
INFORMATIONAL NOTES
Order Number: DIV-5375872
Page Number: 4
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any
fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116
and if applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single
Family Residence known as 7109 DAFFODIL PLACE, CARLSBAD, CA.
2. According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded December 16, 2015 as INSTRUMENT NO. 15-641546 OF OFFICIAL
RECORDS.
From: WESLEY M. MORIKAWA, JANET F. TANIZAKI, AND PAULA K. LUM, SUCCESSOR
COTRUSTEES OF THE MORIKAWA FAMILY TRUST DATED APRIL 7, 1998
To: WESLEY M. MORIKAWA, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS
TO AN UNDIVIDED 1/3 INTEREST, JANET F. TANIZAKI, A MARRIED WOMAN, AS HER
SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/3 INTEREST, AND PAULA K.
LUM, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN
UNDIVIDED 1/3 INTEREST
A document recorded March 15, 2016 as INSTRUMENT NO. 16-113498 OF OFFICIAL RECORDS.
From: WESLEY M. MORIKAWA, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS
TO AN UNDIVIDED 1/3 INTEREST, JANET F. TANIZAKI, A MARRIED WOMAN, AS HER
SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/3 INTEREST, AND PAULA K.
LUM, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, AS TO AN
UNDIVIDED 1/3 INTEREST
To: DAVID DEISINGER AND NANCY DEISINGER HUSBAND AND WIFE AS JOINT TENANTS
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the
Public Records on or after February 8, 2011, encumbers the Title except as follows: None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Rrst American Title
Page 4 of 14
C
LEGAL DESCRIPTION
Order Number: DIV-5375872
Page Number: 5
Real property in the City of Carlsbad, County of San Diego, State of california, described as
follows:
LOT 238, AS SHOWN ON THAT CERTAIN MAP ENTITLED CARLSBAD TRACT NO 73-39
SPINNAKER HILLS UNIT THREE, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF
THE COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO 8453, FILED ON
DECEMBER 29, 1976.
APN: 214-410-14-00
First American Title
Page 5 of 14
~ ~
~::t,..
'16 :3
en ~ ~ C)· ~ ~
::::i !:;:!: Cb
09
Q
.~ ~
-;.~ ,,
!\J ~
~ ~' i'~
EB
~ ~
SAN DIEGO COUNTY
ASSESSOR'S MAP eooi2 14 PAGE4.I.
~ SHT4 ~ SHT5
8.!J0 01'w OF CARLSBAD
«7. 5,:.-' Tl.07 .._, 67.06 Tl.OT .,_,.
@ @ @) @ @ @ d 252 253 ~ 254 : 255 :2ss 257 . • • ~r ~ ~ ~ l • ~ ,,. so ,, 17 " "'-~ l. 4t"'Z
FOXGLOVE <§) VIEW
Nl'l •"'kl'W
" @!@ 246g 245
~
Tl-15 W WAS PR;PAJEO Fa:! ASSES9.ENT ~S CN.Y. to LWl.lTY !S ASSl.M:O fOl Tl·E ACCI.RACY Cl' TI-E DA TA 51-CM'N, ASSESS:>!rs ~RCELS IM'I KJT t'IM\Y WITH !.0CM. &mYISOI 00 fU.OtG OOOtwa:S.
~ •. 50
@
244
" 6a. so
@ @
243 242 ~
~
259 ®
SHT 4 "j
'""·b jfi ~
~ti)"'~ .,i/P ,j\,
OR LOT 3 12967
66
EB
214-41 J I"'• 100'
t1J
9/08/04 MGS ✓
CHANGES
9lK OlO NtW n CUT
/· ,R 77 77
""'"' ·~ ""n04
1t/1J 40 ,t l'/15
MAP 12967 -CITY OF CMLSBAD TCT NJ 89-37 PHASE 2
MAP 8453-CARLSBAD TRACT-NO. 73-39-UNIT NO. 3
" 0 "' a. tO (1) (1) ~
zz C C
3 3 CT CT ~ ~
en C ... < I u, w .... u,
00 ....
"'
C
NOTICE
__,i
Order Number: DIV-5375872
Page Number: 7
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Arst American Title
Page 7 of 14
C
Order Number: DIV-5375872
Page Number: 8
INCOMING DOMESTIC WIRE INSTRUCTIONS
Beware of cyber-crime! If you receive an e-mail or any other communication that appears to be
generated from a First American Title Company employee that contains new, revised or altered bank wire
instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions
seldom change.
Funds from other than buyer or seller: Other than funds from a designated lender, real estate agent
or broker, or the attorney of record, we will only accept incoming wires that are from the buyer or seller
on a transaction. Other third party deposits not accompanied by appropriate instructions will be returned
to the remitter.
Funds from a U.S. Bank: Funds should be wired from a bank within the United States. Notify
our office at (619)238-1776 when you have transmitted your wire.
Funds from a non-U.S. Bank: If your funds are being wired from a non-U.S. bank, additional charges
may apply. Contact our office for Incoming International Wiring Instructions.
ACH Transfers are NOT wire transfers: An ACH transfer is not immediately available funds and
requires additional time for clearance. An ACH transfer cannot be accepted for an imminent closing.
Acceptance of ACH transfers are subject to state law. Contact our office at (619)238-1776 prior to
sending funds by ACH transfer.
Contact our office at (619)238-1776 when funds are sent.
PAYABLE TO:
BANK:
ADDRESS:
ACCOUNT NO.:
ROUTING NUMBER:
First American Title Company
First American Trust, FSB
5 First American Way, Santa Ana, CA 92707
3008270000
122241255
PLEASE REFERENCE THE FOLLOWING:
PROPERTY: 7109 Daffodil Place, Carlsbad, CA 92011
FILE NUMBER: DIV-5375872
FIRST AMERICAN TRUST, FSB CONTACT INFO: Banking Services (877)600-9473
WIRES MAY BE RETURNED IF THE FILE NUMBER
AND PROPERTY REFERENCE ARE NOT INCLUDED
First American Tttle
Page 8 of 14
C
EXHIBIT A
Order Number: DIV-5375872
Page Number: 9
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Arst American Title
Page 9 of 14
C
Order Number: DIV-5375872
Page Number: 10
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar Limit of Liability
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
Rrst American 77t/e
Page 10 of 14
C
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
Order Number: DIV-5375872
Page Number: 11
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
( c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay
costs, attorneys' fees or expenses, that arise by reason of:
[PARTI
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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
Arst American 77tle
Page 11 of 14
C
(iv) environmental protection;
Order Number: DIV-5375872
Page Number: 12
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests 1itle as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason
of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, Cc&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses 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;
Rrst American Title
Page 12 of 14
...
Order Number: DIV-5375872
Page Number: 13
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 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 Trt:le for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
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.
Arst American Title
Page 13 of 14
·•
t
~ I Fust American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
Order Number: DIV-5375872
Page Number: 14
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benef~ of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. SUch information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it Is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benef~s and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair Information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form SO-PRIVACY (9/1/10) Page 1 of 1
Arst American 77tle
Page 14 of 14
Privacy Information (2001-2010 First American Financial Corporation)