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HomeMy WebLinkAboutCDP 2018-0040; RAUM RESIDENCE; Coastal Development Permit (CDP)Ccicyof Carlsbad C LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) [!I Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Care {Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map {Major Subdivision) D Variance D Minor C 1)? 'Z.,01~ -~0\}-0 0 General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major 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 *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 215-070-5200 VACANT LOT J 7'R170/II S.1fif:ET (STREET ADDRESS) RAUM RESIDENCE NEW SINGLE FAMILY HOME $438.000 ESTIMATED COMPLETION DATE NOVEMBER 2019 Development No. bG \/ 2--0 I~ -001 9 Lead Case No. P-1 Paoe 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): DAVID RAUM COMPANY NAME (if applicable): MAILING ADDRESS: 259 APPLE BLOSSOM LANE CITY, STATE, ZIP: VISTA, CA, !i!2Q84 TELEPHONE: 619-5 72-8609 EMAIL ADDRESS: QCRA!,lM@YAHQQ CQM APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): DAVID RAUM COMPANY NAME (if applicable): MAILING ADDRESS: 259 APPLE BLOSSOM LANE CITY, STATE, ZIP: VISTA, CA, 92084 TELEPHONE: 619-572-8609 EMAIL ADDRESS: DCRAUM@.YAHOO.COM I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): OMEGA ENGINEERING CONSULTANTS ....;_ ___________________________ _ MAILING ADDRESS: 4340 VIEWRIDGE AVE SUITE B CITY, STATE, ZIP: SAN DIEGO CA 92123 TELEPHONE: 858-634-8620 EMAIL ADDRESS: JSAYLER@OMEGA-CONSULTANJS COM I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KN LEDGE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECO THE n;ri_E T ERTY I DITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE L BIND AN U . ---~--.z.........+--.~ PROPERTY OW FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED AUG 2 3 2018 CITY OF CAl~LSBAD Pl ANNING DIVISION DATE STAMP-APPLICATION RECEIVED RECEIVED BY: Revised 03/17 LETTER OF TRANSMITTAL DATE= ~-2l-1a JOB NO: O'f 'f 2 MEGA TO:'----------------- COMPANY: Cny oF CAA/ sBAb ADDRESS: 16 "$ 5: F,1,rA QA y ENGINEERING CONSULTANTS PHONE: 160 -602-f6IQ RE: Ql§C'BETIO.NA-8y 1.s+ ~UIS CDP WE ARE TRANSMITTING TO YOU HEREWITH VIA: 0 MAIL 0 PICK UP AT FRONT DESK ~ HAND DELIVERY COPIES Lf 4 I I I I REMARKS: COPIES TO: SENT BY: 0 DELIVERY SERVICE 0 OVERNIGHT DELIVERY O OTHER, ______ _ DESCRIPTION Srnf PL.AH 2'( "" 36 '', BUlkQll{6-E:t.E;VA-:Z101VS' + R-0 of! PftVtS: , ; GR.A1:JIIV6-r Q.(2AW.A-6-E P&A,A§' 2 I I I ' □ FOR YOUR USE 5l( FOR REVIEW 0 AS REQUESTED 0 FOR YOUR FILE P/?OJE:Cr Of;§c. P-1 Is) s Jofll'1VA:1ER OVE,tr,o~, JfF+f □ AS DISCUSSED 0 FOR SIGNATURE loo' + 600' RECEIVED BY: (PRINT) (~ ~''"'"" ~ C ,,,,. ~ (PRINT) 4340 VIEWRIDGEAVE. SUITE B ll SAN DIEGO, CA 92123 ll PH:(858) 634-8620 ll FAX:(858) 634-8627 Ccicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person David Raum Corp/Part ___________ _ Title Owner Title --------------Address 259 Apple Blossom Lane, Vista CA 92084 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 David Raum Title Owner Address 259 Apple Blossom Lane Vista, CA 92084 Corp/Part~----------- Title ______________ _ Address ____________ _ Page 1 of 2 Revised 07/10 C 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non Profit/Trust _________ _ Title ------------Title _____________ _ Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓INo If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify t at all the above information is true and correct to the best of my knowledge. >-.IV/'/1/~ £~~ ~ Print or type name of owner Print or type name of applicant -08 'a3) 18 licab e/date P-1(A) Page 2 of 2 Revised 07/10 Ccityof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Raum Residence APPLICANT NAME: Omega Engineering Consultants Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project is a single-family, two-story house on Parcel 2 of PM 20880. The site is a new development, but has been previously graded and currently stands as a vacant lot on Triton Street. The project proposes disturbing 6,850 SF with approximately 4,500 SF of newly created impervious area, and building coverage of 2,680 SF. The residence will have a storage space and two tandem garages on the first floor which allots for 4 cars. The second floor will have a large deck, 3 bedrooms and a living room, and a small deck is proposed on the roof. Due to the project site being located in a coastal zone and having an estimated development cost of over $60,000, we are applying for a Coastal Development Permit. P-1(8) Page 1 of 1 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project: Raum Residence 2. Name of developer or project sponsor: David Raum ------------------ Address: 259 Apple Blossom Lane City, State, Zip Code: Vista, CA 92084 Phone Number: 619-572-8609 3. Name of person to be contacted concerning this project: Andrew Kann Address: 4340 Viewridge Ave. Suite B City, State, Zip Code: San Diego, CA 92123 Phone Number: 858-634-8620 4. Address of Project: 1585 Triton Street ------------------------- Assessor's Parcel Number: 215-070-3900 ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. 7. 8. R-4 Existing General Plan Land Use Designation: _______________ _ Existing zoning district: _R_-_1_-_a ____________________ _ Existing land use(s): _V_a_c_a_n_t_lo_t __________________ _ 9. Proposed use of site (Project for which this form is filed): Single family residence Project Description 10. 11. 12: 13. 14. P-1(0) Site size: 0.23 acre (9,879 SF) Proposed Building square footage: _5_,_3_4_4_._5_S_F ______________ _ Number of floors of construction: _2 ___________________ _ Amount of off-street parking provided: _4 _________________ _ Associated projects: _N_/_A ______________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: One single family residence 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: ---'35...,/~16=-,./ ....... 1_% ____ _ Signature: ~,4'.; ~ For: cfmgaEngineengConsultants P-1(D) Page 4 of 4 Revised 07/10 EIA INFORMATION FORM P-1{0) SUPPLEMENT Environmental Setting 32. The project site as it currently stands is a previously graded vacant lot. The pad is at an elevation of approximately 364'. To the east and south of the pad, existing topography slopes upwards towards to the property line. The land adjacent to the pad on the northern and western sides slopes slightly downwards towards the property lines. There are no existing animals or vegetation on the site other than weeds that have grown on the soil over time. The site has no cultural, historical, or scenic aspects, and there are no existing structures on the site. 33. The surrounding properties are residential land usage with two-story single-family dwellings of an average height of 24 feet. There are no historical or scenic aspects to the neighborhood, and no noteworthy natural plants or animals. All surrounding properties appear to be houses with front and back yards. A church and reclaimed water reservoir is located roughly 260' to the east of the property. - Ccityof Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbadca .gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: _2,554.5_ square feet x $ 141 76 /sq. ft.=$ 362,126 ⇒ Residential Addition Square Footage: __ N/A __ square feet x $ N/A /sq. ft. = $ NIA ⇒ Any Garage Square Footage: _2,050.5_ square feet x $ 36.98 /sq. ft.=$ 75,828 ⇒ Residential Conversion Square Footage: N/A_ square feet x $ N/A /sq. ft. = $ NIA ⇒ 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: $___,;.4..;;;..37_._95_4 ________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate) IR] C. Street address of proposed development Vacant lot on Triton St P-6 Page 1 of 6 Revised 05/17 0 D. Assessor's Parcel Number of proposed development 215-070-5200 E. Development Description: Briefly describe project: New single family home 0 F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Single family home South: Single family home East: Single family home West: Single family home G. Is project located within a 100-year flood plain? D Yes ~ No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes 0No If yes, please describe. B. Will any existing structure be removed/demolished? D Yes ~ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). 111. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing __ O_sq.ft. __ O_sq. ft. __ O_sq. ft. _9,879_ sq. ft. Page 2 of 6 Proposed _2,680_ sq. ft. _O_sq.ft. _2, 100_ sq. ft. _ 4,200_ sq. ft. Total ___ sq.ft. ___ sq.ft. _2,100 sq. ft. ___ sq.ft. _27.1_ % % --- 21.3 % -- 42.5 % -- Revised 05/17 8. Parking: Number of existing spaces __ 0 _____ _ Number of new spaces proposed _4 _____ _ Existing/Proposed TOT AL: Number of total spaces required ________ _ Number of covered spaces 4 Number of uncovered spaces ----=0 _____ _ Number of standard spaces 4 Number of compact spaces 0 Is tandem parking existing? [x] Yes # __ D No Is tandem parking proposed? IB] Yes #_2_0 No C. Grade Alteration: Is any grading proposed? ~ Yes D No If yes, please complete the following: 1. Amount of cut ___ __,..;.l-=2-=2.__ _____________ cu. yds. 2. Amount of fill 20 ___________________ cu. yds. 3. Maximum height of fill slope 2 _ ___;;;;..,_ ___________ feet 4. Maximum height of cut slope 3:.,< ____ :.;.o,&. ___________ feet 5. Amount of import or export /02 _________ cu. yds. 6. Location of borrow or disposal site TBD P-6 Page 3 of 6 Revised 05/17 C 0 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). Five (5) copies if landscape review is required. 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. 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: 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. Page 4 of 6 Revised 05/17 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 -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability 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. B. Completed Coastal Development Permit Application. ~ 11. ARE:u:::e~:c~::::: :e:::~::;::~ :~:.s C. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal D. Disclosure Statement. I Development Permits for any environmental review requirements. E. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). F. Completed "Project Description/Explanation" sheet. G. 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). e]H. 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. 01. 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). OJ. 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 of 6 Revised 05/17 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 10, 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 owners and 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 Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 Page 6 of 6 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 Revised 05/17 .,. ______________ ~ C cityot Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue {760) 602-2750 www.carlsbadca.gov E-34 I 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 INFORMATION PROJECT NAME: RAUM RESIDENCE PROJECT ID: ADDRESS: VACANT LOT, TRITON STREET APN: 215-070-5200 The project is (check one): [Kl New Development D Redevelopment The total proposed disturbed area is : _6,850_ ft2 (_0.157 _) acres The total proposed newly created and/or replaced impervious area is: _ 4,500_ ft2 (_0.103_) 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 1\1/.t. SWQMP#: N/A Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 To determine if your project is a "development project", please answer the following question: 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)? YES NO □ IBl If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If ou answered "no" to the above question, the ro·ect is a 'development pro·ect', o 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: 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 uidance? 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? YES NO □ □ [XI □ [Z) 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): E-34 Page 2 of 4 REV 04/1 7 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 development pro ·ects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development pro ·ects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification SIC code 5812 . 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside 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 street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorc c/es, 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 commin led with flows from ad·acent 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 AD T of 100 or more vehicles er da . 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040 YES NO □ Ix] □ Ix] □ □ Ix] □ Ix] □ 00 □ IZ] □ IZ] □ IZ] □ □ IZ] 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 04/17 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 (B) = ____________ sq.ft. Percent impervious area created or replaced (B/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 BM P'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 complete a plicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 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. [xi 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. 0 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: _D_a_v_id_R"""a,...u_m ___________ _ ApplicantSignature: d~~ Applicant Title: ---=O:....:w..;..;n..:.;e:;.:.r ___________ _ Date: __ 8J_0;_,._½~1/8""--------, I • 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. IS ox or ,ry se n1y Th ' B ~ C't U O I YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 04/17 Ccityof Carlsbad Project Name: RAUM RESIDENCE Project ID : DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project ,nformatlon Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 ~Yes 0 No ON/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage ~Yes □No ~ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Iii Yes O No 0 N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 0 0 . , ... -. Source Control Raatdrement (continued), _, j lDDlled?. _ . SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Iii Yes □ No □ N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Iii Yes 0 No ~ N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance). ~ On-site storm drain inlets ~Yes 0 No 0 N/A □ Interior floor drains and elevator shaft sump pumps ~Yes 0 No □ N/A ~ Interior parking garages ~Yes ONo □ N/A □ Need for future indoor & structural pest control □Yes ONo Iii N/A D Landscape/Outdoor Pesticide Use □Yes ONo ~ N/A D Pools, spas, ponds, decorative fountains, and other water features □Yes ONo ~ N/A D Food service □Yes □No ~ N/A D Refuse areas □Yes □No ~ N/A D Industrial processes □Yes □ No ~ N/A ~ Outdoor storage of equipment or materials ~Yes 0 No 0 N/A D Vehicle and Equipment Cleaning □Yes ONo Iii N/A D Vehicle/Equipment Repair and Maintenance □Yes □No ~ NIA □ Fuel Dispensing Areas □Yes □ No ~ N/A □ Loading Docks □Yes 0 No ~ N/A □ Fire Sprinkler Test Water □Yes □No ~ N/A □ Miscellaneous Drain or Wash Water □Yes ONo ~ N/A D Plazas, sidewalks, and parking lots □Yes □No Iii N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. Elevator floor drains will be plumbed to the sanitary sewer. Outdoor storage of equipment or materials will be covered and anchored with tarp and gravel bags. E-36 Page 2 of 4 Revised 09/16 . 0 0 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided . Site Design Requirement I Applied? 50-1 Maintain Natural Drainage Pathways and Hydrologic Features I □Yes I □ No I lil N/A Discussion/justification if SD-1 not implemented: There are no natural drainage pathways on site. 50-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I □ No I Ii) N/A Discussion/justification if SD-2 not implemented : Site has been previously graded and there are is no natural vegetation or soil areas. 50-3 Minimize Impervious Area I ~Yes I □ No ID N/A Discussion/justification if SD-3 not implemented: 50-4 Minimize Soil Compaction I ~ Yes I □ No ID N/A Discussion/justification if SD-4 not implemented: 50-5 Impervious Area Dispersion I lil Yes I □ No I □ N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 ued SD-6 Runoff Collection ~ Yes D N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species □Yes 0 No [i] N/A Discussion/justification if SD-7 not implemented: D Yes □ No [i] N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 EAST COUNTY SOIL CONSULTATION AND ENGINEERING, INC. 10925 HARTLEY ROAD, SUITE "I" SANTEE, CALIFORNIA 92071 (619) 258-7901 Fax 258-7902 A & E Construction Services P.O. Box 130400 Carlsbad, California 92013 Project: Report of Field Density Tests Proposed Single-Family Residence 6575 Black Rail Road (Lot No. 2) Carlsbad, California 92009 References: See Attached Ladies & Gentlemen: REC~!'J~~ AUG 2 3 2018 CITY OF CARLSR.~.D PLANNING ClV,2.:::,,>J August 23, 2011 Project No. ll-ll 27C5 This is to present the results of field density tests performed on the building pad for the the proposed single-family residence, including the backfill of the keystone retaining wall for the driveway at the subject site. In accordance with your request, in-place field density tests were performed in accordance with ASTM D1556 (Sand Cone Method). Backfill and grading were conducted between July 14 and August 19, 2011 under the observation and testing of a representitive of East County Soil Consultation & Engineering Inc. The results of the field density tests are presented on Page T-1 under "Table of Test Results". The laboratory determinations of the maximum dry densities and optimum moisture contents of the fill soils are set forth on Page L-1 under "Laboratory Test Results". The approximate test locations are shown on Plate No. 1. Following clearing and grubbing, i.e. the removal of vegetation and deleterious materials, subgrade soils were overexcavated to a depth of approximately 2 feet below existing grade into dense terrace deposits. The bottom of the excavation was scarified to a depth of approximately 6 inches, moisture conditioned and compacted. On-site fill soils consisting of silty sand were placed in thin lifts, moisture conditioned around optimum and compacted in excess of 90 percent relative compaction. Compaction was achieved with the use of a Caterpillar 941 track loader and a hand whacker. A & E CONSTRUCTION SERVICES/ BLACK RAIL ROAD/ PROJECT NO. 11-1 J 27C5 Based on our field observations and . density test results, it is our opinion that the grading operation for the the proposed single-family residence was performed in accordance with the referenced geotechnical reports (References No. 2 and No. 4) and local grading ordinances. If we can be of further assistance, please do not hesitate to contact our office. Pages T-1, L-1 and Plate No. 1 are parts of this report. Respectfully Submitted, Mamadou Saliou Diallo, P .E. RCE 54071, GE 2704 MSD/md 2 TEST SOIL NO. TYPE 1 1 2 1 3 2 4 3 s 3 6 2 7 2 8 2 9 1 10 1 11 2 12 1 13 1 14 1 15 1 16 1 A & E CONSTRUCTION SERVICES/ BLACK RAIL ROAD/ PROJECT NO. 11-1127C5 DEPTH OFFILL IN FEET 1 1 1 3 3 5 6 7FG 2 2 4 5 7 2 8FG 3FG PAGET-1 TABLE OF TEST RESULTS ASTMD1556 MAXIMUM FIELD DRY DRY MOISTURE DENSITY DENSITY, o/oDRYWT. P.C.F. P.C.F 11.6 118.0 127.0 12.1 117.8 127.0 10.5 122.5 125.5 8.7 120.4 128.0 8.9 120.7 128.0 9.7 1~0.2 125.5 13.4 119.5 125.5 11.5 116.9 125.5 9.9 116.2 127.0 11.7 121.6 127.0 12.9 114.4 125.5 11.S 119.6 127.0 11.4 121.7 127.0 12.1 115.7 127.0 11.3 120.3 127.0 10.6 119.5 127.0 FG = FINISH GRADE 3 PERCENT COMPACTION 93 93 98 94 94 96 95 93 92 96 91 94 96 91 95 94 REMARKS , A & E CONSTRUCTION SERVICES/ BLACK RAIL ROAD/ PROJECT NO. 11-1127C5 PAGE L-1 LABORATORY TEST RESULTS RESULTS OF MAXIMUM DENSITY AND OPTIMUM MOISTURE The maximum dry densities and optimum moisture contents of the fill materials as determined by ASTM D1557, Procedures A and B which use 25 blows of a IO-pound slide hammer falling from a height of 18 inches on each of 5 equal layers in a 4-inch diameter 1/30 cubic foot compaction cylinder and Procedure C which uses 56 blows of a 10-pound slide hammer falling from a height of 18 inches on each of 5 equal layers in a 6-inch diameter 1/13.3 cubic foot compaction cylinder are presented as follows: OPTIMUM MAXIMUM MOISTURE SOIL TYPE/ DRY DENSITY CONTENT PROCEDURE DESCRIPTION LB/CU.FT. %DRYWT. 1/A REDDISH BROWN SIL TY SAND 127.0 10.0 2/A TAN BROWN SILTY SAND 125.5 11.0 3/A DARK BROWN SILTY SAND 128.0 9.5 4 , -i -------,r EAST COUNTY SOIL CONSULTATION & ENGINEERING, INC. 10925 HARTI.EY RD .• SUITE I. SANTEE. CA 92071 (619) 2S8• 7901 Fax (619) 258-7902 I -A & E CONSTRUCTION SERVICES/ BLACK RAIL ROAD/ PROJECT NO. 11-J 127C5 REFERENCES 1. "Transfer of Geotechnical Responsibility, Geotechnical Engineer of Record, Two Proposed Single-Family Residences, 6575 Black Rail Road, City of Carlsbad, California", Prepared by East County Soil Consultation and Engineering, Inc., Dated July 11, 2011. 2. "Geotechnical Update, Parcel 1 of Parcel Map 19411, APN 215-070-39, Carlsbad, San Diego County, California," W.O. 6087-A-SC, Prepared by Geosoils Inc. Dated June 16, 2010. 3. "Final Compaction Report of Grading, Building Pad Area, Parcel 4, 6575 Black Rail Road, Carlsbad, San Diego County, California," W.O. 34601-B-SC, Prepared by Geosoils Inc. Dated September 14, 2004. 4. "Preliminary Geotechnical Investigation, 6575 Black Rail Road, Proposed Subdivision, Carlsbad, San Diego County, California", W.O. 3460-A-SC, Prepared by GeoSoils Inc., Dated November 27, 2002. 5 Cl TA Preliminary Report Form (Rev. 11/06) -Order Number: DIV-5769234 Page Number: 1 First American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 Carol Paopao Fidelity National Title Company 6005 Hidden Valley Road, Suite 100 Carlsbad, CA 92011 Phone: (760)476-3501 Fax: (760)495-5753 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: Raum DIV-5769234 (09) Bonnie Stark (619)231-4631 (866)497-8905 titleunit9@firstam.com Vacant Land Carlsbad, CA 92011 PREUMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration dause, 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 AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Page 1 of 13 -Order Number: DIV-5769234 Page Number: 2 Dated as of August 13, 2018 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: David Raum, a married man as his sole and separate property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCEL(S) A, AN EASEMENT AS TO PARCEL(S) B 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 2018-2019, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 3. A CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2, (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY, RECORDED JULY 22, 1997 AS INSTRUMENT NO. 97-349124, OFFICIAL RECORDS. 4. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded OCTOBER 30, 2003 as INSTRUMENT NO. 03-1322229 of Official Records. 5. An easement for public utilities and incidental purposes in the document recorded MARCH 29, 2004 as INSTRUMENT NO. 04-257426 of Official Records. The location of the easement cannot be determined from record information. First American Title Page 2 of 13 :) Order Number: DIV-5769234 Page Number: 3 6. The Terms, Provisions and Easement(s) contained in the document entitled "GRANT OF EASEMENT AND AGREEMENT" recorded SEPTEMBER 18, 2007 as INSTRUMENT NO. 07-611334 of Official Records. 7. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL PROPERTY" recorded JANUARY 13, 2011 as INSTRUMENT NO. 11-25012 of Official Records. 8. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded APRIL 22, 2011 as INSTRUMENT NO. 11-211194 of Official Records. 9. The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT PANHANDLE LOTS" recorded APRIL 22, 2011 as INSTRUMENT NO. 11-211195 of Official Records. 10. The Terms, Provisions and Easement(s) contained in the document entitled "GRANT OF EASEMENT FOR VIEW AND LIGHT" recorded SEPTEMBER 20, 2016 as INSTRUMENT NO. 16-494826 of Official Records. 11. Any easements and/or servitudes affecting easement parcel(s) B herein described. 12. Water rights, claims or title to water, whether or not shown by the public records. 13. This transaction may be subject to a confidential order issued pursuant to the Bank Secrecy Act. Information necessary to comply with the confidential order must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. First American Title Page 3 of 13 INFORMATIONAL NOTES ,-""'I -.,,,I Order Number: DIV-5769234 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. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $1,241.41, PAID $0.00 $1,241.41, PAID $0.00 09165 215-070-52-00 2. The property covered by this report is vacant land. 3. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded MARCH 22, 2018 as INSTRUMENT NO. 18-113924 OF OFFICIAL RECORDS From: SAN DIEGO DESIGN AND DEVELOPMENT SERVICES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY To: DAVID RAUM, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY A document recorded MARCH 22, 2018 as INSTRUMENT NO. 18-113925 OF OFFICIAL RECORDS From: DANIA RAUM, SPOUSE OF GRANTEE HEREIN To: DAVID RAUM, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY 4. We find no open deeds of trust. Escrow please confirm before closing. 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. First American Title Page 4 of 13 -Order Number: DIV-5769234 Page Number: 5 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 20880, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2011. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 19411, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 2004 SHOWN AND DELINEATED ON SAID MAP AS INGRESS-EGRESS EASEMENT TO THE CITY OF CARLSBAD. APN: 215-070-52-00 First American Title Page 5 of 13 ~ Cri ..... ~ :k::.. ~ ::3 0-, ~ a{)· .... ~ w :::s :::l !:-.: rfi' ~ ~ ~ 09 -$- ® ~~s~JTY B<n< 215 PAGE 07 SHT 1 Of 6 DETAIL ·s• SCALE: 1 • = 200' Llli'l ~ SHT2 ~ SHT 5 h187"m'21"W NS,.onr w a&Ut PM20249 PAR1 e _I'.• 8.08AC f \..1-l sf>"~")> pOI~ 1g~ SHT 4 ~ 12&1.lJ @ 9.85 AC -1-1 I ~I t1 DETAIL "A" SCALE -1"=50' .... ~ .. "J,,1.-,., 111t1, ,,_,,_.,,~ ~ IJ2!.0I (l)d) 1#7.~ -;;,_, -__....,, ~!4.ZI A N8r2743'W 34.51 B R:=270 47.1◄ C N2T38'13"W 117.15 0 R'"27O 82.~ E H"10742'W 108.37 F R=20 30.74 G N41'40'52"E 38.87 H R=20 30.74 J N49"52'18"E 18 215-07 SHT 1 OF 6 08/11111 OEP CHANGES ,J oo· ~ BLK OLD NEW j(I CUT b7b 17 ,u~..-,.J 7 o-~, 7~ t,,,,s,,, z,u 2., t4?3 ,4158 JfffM 75 .,.,, f'Stz 25 ~, .. 93 46 12 l<'li_A %1,-,,c HS.i8 27-JO 98 1182 10 31 9!! 10JO 28l29 32 9!! 1743 .,., &U : 98 4785 __J_LREGATTA RC ~ ~ I \ I( N40"0T-42'W 108.37 l R-312 95.25 M N'22"3&'13'W 117.15 N N02"23' 1.-W 40.37 0 5«'60'00'E 69.97 P N88"56'19"E 32.62 Q S76"3T13"E 2128 R S48"0!5'44"E 22.4' S S89"10'02"E 53.59 T S89"30'55"E 23.12 U S36"04'1-4"E 44.20 V S33'32'13"E 81.49 W $53"03'05"E 23.78 X S28"12'18"E 22.87 Y NT8"00'18"E 30.03 z N88'58'2·re 21.ss AA N7S-33'21"E «.15 BBN~ •2.79 CCN45'15'4T'E 18.54 00 N67"18'1e-E 22.31 EE S80"52'28"E 34.69 32 ., 99 4S2$ JI 99 1389 11 CANC CANC CANC 111 w 1:.w◄ I< 14 99 13" I< SHT 2 ~ SHT 2 iLJ 1\V !I SHT 1 tl[ ~ DETAIL"S" SCALE -1"=200' ;r"""" ll'.li6'56ttr'H alt. +},-57 U -$- 18 99 1396 26 !, 99 HI~ [C CANC 32 Pf ftJ 99 144 20 i/ ! 1796 Tl ~• 00 CANC cm ::ro: 01 102 35 ~t 02 1n• 'I/ ~T°l 02. 195 l6.i.23&ll Sf.."L' 03 ~08 9 39-42 05 1208 34 ~•:; 05 11eo CANC RC 33 ,,., oo 126 11 36 48&47 07 17&9 J9t4l te~ 07 ~69 46 ~I~ 0& 1227 :'J).!!_~· 48-50 08 1228 39 51&52 12 1221 1 *•POINSETTIA LANE 2*• BRIGAH11NE DRIVE :P•NO ACCESS . --C •~ r -;~-7i:ir0P~_:.SECOROFNHOF "'·• I ~"' .,,,_:,i"--~.nNEC OF SEC Of swa »JI SEC 22-Tl 2-R4W-POR SW 1/ 4 ,Y OOT CDMPL Y WITH LOCAL SUBDMSION OR BUILDING ORDINANI ROS 584,6269, 10774, 12096, 14608, 14630, 16472 -oO ~ a. l!> !!1 zz CC 3 3 rr rr ~ ~ o-, C ... 'f UI '-I 0\ ID IV w .... NOTICE ,_ Order Number: DIV-5769234 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. First American Title Page 7 of 13 ,_-· Order Number: DIV-5769234 Page Number: 8 EXHIBIT A 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 disdosed 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. 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; First American Title Page 8 of 13 C ---, ,.-1 Order Number: DIV-5769234 Page Number: 9 d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American Title Page 9 of 13 C ~ Order Number: DIV-5769234 Page Number: 10 (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 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; First American Title Page 10 of 13 /11""" ,.._ , :) Order Number: DIV-5769234 Page Number: 11 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 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 First American Title Page 11 of 13 C Order Number: DIV-5769234 Page Number: 12 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 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. First American Title Page 12 of 13 .. --Order Number: DIV-5769234 Page Number: 13 ~ I Fust American 1itle Privacy Information We Are Committed to 5afeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -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 benefit of any nonaffiliated party, Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law, We may, however, store such information indefinitely, including the period after which any customer relationship has ceased, Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies, Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies, Furthermore, we may also provide all the information we collect, as described above, to companies that perform mar1<eting 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, Conf"Klentiality 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 benefits and consumer privacy, Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity, We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business, We will obey the laws governing the collection, use and dissemination of data, Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate, Where possible, we will take reasonable steps to conrect 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 First American Title Page 13 of 13 Privacy Information (2001-2010 First American Financial Corporation)