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CT 2021-0005; CHINQUAPIN COAST HOMES; Tentative Map (CT)
DocuSig~ Envelope ID: O7A4O5O2-7ACB-4775pE-7625739A1959 . ' C'cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits [8J Coastal Development Permit 1] Minor 0 Conditional Use Permit 0 Minor D Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit O Minor D Hillside Development Permit 0 Minor 0 Nonconforming Construction Permit [8J Planned Development Permit Minor ~ Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ,· Site Development Plan Minor 0 Special Use Permit n Tentative Parcel Map (Minor Subdivision) ~ Tentative Tract Map (Major Subdivision) 0 Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits -CW2-c'2.\-cx:,f.7 ' ruQid'2-~ ex> l 0 ~-riot\~~ 0 General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan 0 Zone Change □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative D Minor D Major Village Review Area Permits 0 Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 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 206-020-11-00 330 Chinquapin Ave (STREET ADDRESS) Chinquapin Coast Homes Minor residential subdivision to create nine air space condominium units through the construction of (3) three-story, 30 foot tall triplex buildings ESTIMATED COMPLETION DATE 10/2023 Development No. DB} 2D2 _1.-b( <t,? Lead Case No. C-Ttoz.l-CWS P-1 Page 1 of 6 Revised 10/20 ..,DocuSi:!1 Envelope ID: D7A4D5D2-7ACB-4775~E-7625739A1959 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): Kevin Dunn (if applicable): Kirk Moeller COMPANY NAME COMPANY NAME (if applicable): 330 Chingua12in1 LLC (if applicable): Kirk Moeller Architects, Inc. MAILING ADDRESS: 5315 Avenida Encinas MAILING ADDRESS: 2888 Loker Ave. E, Suite 220 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 949-637-3254 TELEPHONE: 760-814-8128 EMAIL ADDRESS: kdunn@rincongre.com EMAIL ADDRESS: kirk@kmarchitectsinc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SE~ ~~_HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ~ lr-~I,\, ~HIS APPLICATION. 12/7/2021 12-7-21 .•.w.w.•.•.• ...... ~IUNI\ I Ul"\C: -·-... DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Kirk Moeller1 Kirk Moeller Architects, Inc. MAILING ADDRESS: 2888 Loker Ave. E, Suite 220 CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-814-8128 EMAIL ADDRESS: kirk@kmarchitectsinc.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 KNOWLEDGE.~~ c: -~ 12-7-21 SIGNATURE DATE 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 RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH TH~IND ANY SUCCESSORS IN INTEREST. ~I,\, VWA,I,\, 'WMRTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED DEC 09 2021 CITY OF CARLSBAD DATE EIVED RECEIVED BY: Revised 10/20 DocuSign Envelope ID: D7A4D5D2-7ACB-4775-86DE-7625739A1959 ~-----------------------------(""'-------------(' ("c:icyof 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·. > . . .. ·. . . . .. · ... •.·.••··· . ··•· ... ·· .· )> ··..... . ·.. . •. . . < Pers~n i~ defined as "Any individual. firm, co-p~~hip, jointyenture{ assoc~tk:ln, $0Cial ctul:l. frat~mal organizatk)rt,corporatio11, e~tate, trust.. receiver,<syrldicate~ in ttiis and any o~ eot.1nty, city and county, city municipality, district or ottier political sul:ldMsion or any oth~r group or combination acting as a unit" .. . . . . . Agei1~ may sign thi~ document; hC>Wever, the legafname and entity of the applicant and. propt:lrfy .owner mustbe 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 -----------Kevin Dunn Corp/Part 330 Chinquapin, LLC Title __ M_an_a_g_i _ng_m_em_b_e_r ____ _ Title _____________ _ 5315 Aveni da Encinas, Suite 200 5315 A 'd E · S · 200 Address__________ Address . vem a ncinas u1te Carlsbad, CA 92008 Carlsbad, CA 92008 Page 1 of 2 Revised 07/10 DocuSign Envelope ID: D7A4D5D2-7ACB-4775-86DE-7625739A1959 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 ✓I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. r DocuSigned by: ~~i~~ 12/7/2021 Signature of owner/date Signature of applicant/date Kevin Dunn Kirk Moeller, KM Architects, Inc. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {cityof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Chinquapin Coast Homes Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: Kirk Moeller, Kirk Moeller Architects, Inc. 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: MINOR RESIDENTIAL SUBDIVISION TO CREATE NINE AIR SPACE CONDOMINIUM UNITS THROUGH THE CONSTRUCTION OF (3) THREE-STORY, 30 -FOOT-TALL TRIPLEX BUILDINGS. SITE IMPROVEMENTS CONSIST OF A RECIPROCAL DRIVEWAY WITH ADEQUATE ON-SITE PARKING DEDICATED TO EACH RESIDENCE. ALL EXISTING IMPROVEMENTS ARE TO BE DEMOLISHED INCLUDING THE EXISTING TWO DWELLING UNITS AND GARAGE. OWNER SHALL SUBMIT A PACKAGE TO THE HOUSING DEVELOPMENT DEPARTMENT REQUESTING TO PAY CREDIT FEES FOR (1) INCLUSIONARY HOUSING UNIT TO COMPLY WITH AFFORDABLE HOUSING REQUIREMENTS. P-1(8) Page 1 of 1 Revised 07/10 Docl.lSign Envelope ID: D7A4D5D2-7ACB-4775-E-7625739A1959 {'city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www. ca rl sbadca .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): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Kirk Moeller, Kirk Moeller Architects, Inc. Address: 2888 Loker Ave. E, Suite 220 Carlsbad, CA 92010 Phone Number: 760-814-8128 Address of Site: 330 Chinquapin Ave PROPERTY OWNER Name: 330 Chinquapin, LLC Address: 5315 Avenida Encinasste 200 Carlsbad, CA 92008 Phone Number: 949-637-3254 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_0_6_-0_2_0_-_1_1_-_0_0 ___________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ 12/7/2021 Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 . ('cityof Carlsbad EIA INFORMATION FORM P-1(D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 12/13/2021 (To be completed by City) Application Number(s): ________________________ _ General Information 1. Nameofproject: Chinquapin Coast Homes 2. Name of developer or project sponsor: _3_3_0_C_h_in_q_u_a_p_i_n_, _L_L_C ________ _ 3. 4. Address: 5315 Avenida Encinas, Suite 200 City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 949-637 -3254 Kirk Moeller, Kirk Moeller Architects, Inc. Name of person to be contacted concerning this project: ___________ _ Address: 2888 Loker Ave. E, Suite 220 City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-814-8128 Address of Project: 330 Chinquapin Ave Assessor's Parcel Number: 206-020-11-00 --------------------- 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: N/A 6. Existing General Plan Land Use Designation: _R_-2_3 ____________ _ E . . . d" . RD-M Beach Area Overlay (BAOZ) Mello II Segment of the Local Coastal Program (LCP) 7. x1stmg zoning 1stnct: ______________________ _ 8. Existing land use(s): _R_e_s_id_e_n_ti_a_l _______________ _ 9. Proposed use of site (Project for which this form is filed): _R_e_s_id_e_n_t_ia_l ------ Project Description 10. Site size: 19,250 S.F. / 0.442 AC 11. 12: 13. 14. P-1(0) Proposed Building square footage: _9_,_8_5_1_8_. F_. _____________ _ Number of floors of construction: _3 __________________ _ Amount of off-street parking provided: _2_1 ________________ _ Associated projects: _N_I_A _____________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ 9 units, units 1-7 & 9 = 1,129 sf per unit, unit 8 = 819 sf 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ P-1(O) 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: 12-7-21 Signature: --'~:....-.........;:::;..__/ __ ._.........;:::::,:a_, _____ _ For: Kirk Moeller P-1(O) Page 4 of 4 Revised 07/10 December 8, 2021 City of Carlsbad (Planning Department) 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4610 Kirk Moeller Architects, Inc. 2888 Loker Ave. East Suite 220 Carlsbad, California 92010 Phone:760-814-8128 kirk@kmarchitectsinc.com KIRK M□ELLrn ARcH1TrCTs. 1Nc. Re: Chinquapin Coast Homes responses to EIA information form P-1 (D) questions 32 and 33. 32. The existing project site currently contains an existing single story, single-family residence with attached garage. Overall site is flat on Chinquapin Ave that gradually slopes East. Existing landscape is non-native landscape. Cultural, historical, and scenic aspects of the existing site do not exist. See attached photos. 33. Surrounding properties include existing single story, single-family residential to the South and East. A multi-family two story apartment building exists to the West. Cultural, historical, and scenic aspects of the surrounding sites do not exist. Site Photographs 9-9-2020 View of Chinquapin Ave looking West from Southwest corner of property View of Chinquapin Ave looking East from Southwest corner of property View of Chinquapin Ave looking South from property to single family residence neighbor View from Chinquapin Ave looking North to the existing residence View from Chinquapin Ave looking North, West of property to multi-family residence neighbor View from Chinquapin Ave looking North, East of property to single-family residence neighbor ('city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1 (E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. 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) 602-461 0. Applicant Signature: ~ === Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 Ccityof Carlsbad - ' ~TENTATIVE PARCEL MAlS WAIVER OF PROCESSING TIME LIMITS P-1 (F) Proposed Minor Subdivision No.: __________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. ~ Kirk Moeller 12-7-21 Signeris(checkone): ________________________ □Property Owner [{]Applicant Signature Print Name Date Signer is ( check one): _______________________ □Property Owner □Applicant Signature Print Name Date P-1 (F) Rev. 04/13 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 ~"\ (_ City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC02e/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Chinquapin Coast Homes 206-020-11-00 Applicant Name/Co.: Kirk Moeller, Kirk Moeller Architects, Inc. Applicant Address: 2888 Loker Ave. E, Suite 220, Carlsbad, CA 92010 Contact Phone: 760-814-8128 Contact Email: kirk@kmarchitectsinc.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $_$ _________ _ □ Alterations: □ BPV < $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 D New construction D Alterations: P-30 N/A lA and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 1B,5 1,000 square feet □ BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. D Residential addition or alteration~ $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. D Nonresidential* new construction or alterations~ $200,000 building permit valuation, or additions ~ 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. A5.203.l.l.l □ Outdoor lighting: .90 Allowed Outdoor Lighting Power A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) A5.203.l.2.l Choose one as applicable: □ .95 Energy budget □ .90 Energy budget A5.211.l.** □ On-site renewable energy A5.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) A5.212.l □ Elevators and escalators A5.213.1 □ Steel framing P-30 Page 4 of 7 □ N/A ________ _ D Exception: Home energy score<? 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □Cool roof Select one: □ Lighting package □ Water heating package □ N/A _________ _ □ N/A □ N/A □ N/A □ N/A □ N/A □ N/A Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A • Includes hotels/motels and high-rise residential buildings •• For alterations;,: $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. IB] Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) A2.1-4A&C 9,851 9 5.58 Total System Size: 5.58 kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations ;?$1,000,000 BPVand affecting ;?75% existing floor area, or addition that increases roof area by ;?2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc □ If 2! 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist A. 00 Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. IXI For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) IXI Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: A. 1K] Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : 00 Multi-family residential· D Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready 21 9 I 9 calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") I I Installed 9 I I Total 9 P-30 Page 6 of 7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT /1,000 S. F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADTthreshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No !Kl LOE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 07/21 C cityof Carlsbad BrNsTR ? .·. .,.,.~ STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Aven ue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, 'STANDARD PROJECT' with TRASH CAPTURE 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 questi onnaire 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 NAME: 330 CHINQUAPIN AVENUE APN: 206-020-11-00 ADDRESS: 330 CHINQUAPIN AVENUE The project is (check one): Ix] New Development D Redevelopment The total proposed disturbed area is: 19,247 ft2 ( 0.44 ) acres The total proposed newly created and/or replaced impervious area is: 9,776 ft2 ( 0.22 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID _________________ SWQMP #: __________________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E-34 Page 1 of 4 REV 09/21 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 □ IX] If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. 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; OR b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets 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 □ □ IX] □ IX] If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, 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 09/21 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 projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC} code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twen -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 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 project 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 □ IX] □ IX] □ IX] □ IX] □ IX] □ IX] □ [X] □ [X] □ IX] □ IX] □ [XI 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 6, 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, complete the trash ca ture uestions .. * 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. E-34 Page 3 of 4 REV 09/21 Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = ____________ sq. ft. Total proposed newly created or replaced impervious area (B) = ___________ sq. ft. Percent impervious area created or replaced (B/A)*100 = _____ % □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 6, 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 6, check the first box statin "M ro·ect is a PDP ... " and com lete a licant information. Complete the question below regarding your Standard Project (SDRWQCB Order No. 2017-0077): YES NO Is the Standard Project within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General [X] Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor X Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Trans ortation Station □ If you answered "yes", the 'STANDARD PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the third box stating, "My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS ... " and complete applicant information. If you answered "no", your project is a 'STANDARD PROJECT'. Go to step 6, check the second box stating, "My project is a 'STANDARD PROJECT' ... " and com lete a licant 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) per E-35 template for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. [X] My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a TRASH CAPTURE Storm Water Quality Management Plan (SWQMP) per E-35A template for submittal at time of application. 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 Kirk Moeller A h·t t Applicant Name: ________________ Applicant Title: __ rc_i_e_c __________ _ ~~ Applicant Signature: ___ ;;;._~ __ ~ ___________ Date: __ 1_2_-7_-_2_1 ______________ _ E-34 Page 4 of 4 REV 09/21 Cci~of Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Name: 330 CHINQUAPIN AVENUE Plan ID: Permit No. CDP-2021 -XXXX DWG No. Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov Complete the Table 1 -Site Design Requirement to document existing and proposed site features and the BMPs to be implemented for them. All BMPs must be implemented where applicable and feasible. Applicability is generally assumed if a feature exists or is proposed. BMPs must be implemented for site design features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required . A. Existin Natural Site Features see Fact Sheet BL-1 1. Check the boxes below for each existing feature on 1. Select the BMPs to be implemented for each identified feature. Explain the site. why any BMP not selected is infeasible in the area below. SD-H SD-G Conserve natural features Provide buffers around waterbodies □ Natural waterbodies D □ B. BMPs for Common Impervious Outdoor Site Features (see Fact Sheet BL-2) 1. Check the boxes below for each proposed feature. 2. Select the BMPs to be implemented for each proposed feature. If neither BMP SD-B nor SD-I is selected for a feature, explain why both BMPs are infeasible in the area below. SD-B SD-I Minimize size of Direct runoff to pervious Construct surfaces from impervious areas areas ermeable materials IX] Streets and roads □ IX] □ Check this box to confirm IX] Sidewalks & walkways IX] □ that all impervious areas on the site will be minimized IX] Parking areas & lots □ IX) where feasible. IXI Driveways IXI □ If this box is not checked, IXI Patios, decks, & courtyards IX] □ identify the surfaces that cannot be minimized in area □ Hardcourt recreation areas □ □ below, and explain why it is □ Other: □ □ infeasible to do so. C. IX] BMPs for Rooftop Areas: Check this box if rooftop areas are proposed and select at least one BMP below. (see Fact Sheet BL-3) If no BMPs are selected, explain why they are infeasible in the area below. IXl S0-B D SD-C Direct runoff to ervious areas Install reen roofs E-36 Page 1 of 3 D SD-E Install rain barrels Revised 10/21 D. IX] BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below (see Fact IX] SD-K Sustainable Landscaping Sheet BL-4) If SD-K is not selected, explain why it is infeasible in the area below. Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully): All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for documenting pollutant-generating sources/ features and source control BMPs. BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. A. Management of Storm Water Discharges 1. Identify all proposed outdoor work areas below IXI Check here if none are proposed □ Trash & R □ Materi □ Loadi □ Fuelin □ Maint □ Vehicle □ Other: 2. Which BMPs will be used to prevent materials from contacting rainfall or runoff? (See Fact Sheet BL-5) Select all feasible BMPs for each work area SC-A SC-B SC-C Overhead Separation Wind covering flows from protection adjacent areas □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 3. Where will runoff from the work area be routed? {See Fact Sheet BL-6) Select one or more option for each work area SC-D SC-E Other Sanitary sewer □ □ □ □ □ □ □ Containment system □ □ □ □ □ □ □ □ □ □ □ □ □ □ B. Management of Storm Water Discharges (see Fact Sheet BL-7) Select one o tion for each feature below: • Storm drain inlets and catch basins ... • Interior work surfaces, floor drains & sumps ... • Drain lines (e .g. air conditioning, boiler, etc.) ... IX] are not proposed □ will be labeled with stenciling or signage to discoura e dum in SC-F IX! are not proposed □ will not discharge directly or indirectly to the MS4 or receiving waters IX! are not proposed □ will not discharge directly or indirectly to the MS4 or receiving waters • Fire sprinkler test water . . . IXI are not proposed □ will not discharge directly or indirectly to the MS4 or receivin waters Provide discussion/justification for source control BMPs that will not be implemented (either partially or fully): E-36 Page 2 of 3 Revised 10/21 • This E-36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I understand and acknowledge that the review of this form by City staff is confined to a review and does not relieve me as the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for project desi n. Preparer Signature: Date: Print re arer name: E-36 Page 3 of 3 Revised 10/21 CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES *Note: North Elevation of Building C is considered the rear elevation of the project while Building A Southernmost elevation is considered the project's front elevation according to Policy 44. Architectural Guideline Compliance Comments Floor Plans and Elevations 1 2 3 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: D 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. ~ 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. D 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. D 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. Every house should have a coherent architectural style. All elevations of a house, including front, side and rear, should have the same design integrity of forms, details and materials. In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fa!;ade(s) of the house. Building C incorporates a different floor plan than Buildings A and B as well as a different elevation, while providing a consistent architectural theme. Each building also includes mirrored floor plans/elevations of the same unit type for added variation. All homes have a coastal contemporary style, which is reflected on all sides. Each building exhibits the same architectural motif and colors while providing a sense of individuality as well. All homes incorporate complimentary design details that reinforce and enhance the architectural style of the buildings. Front street-facing fa!;ade (Building A South) Design Details provided for a minimum of five r~=-Ba-l-co_n_i_e_s------~=□=-K_n_e_e_b_r-ac_e_s----------1 design details, while the rear □ elevation (Building C North) also ~ Decorative eaves and fascia Dormers D Exposed roof rafter tails ~ Columns provides for a minimum of five D Arched elements [gl Exterior wood elements design details. In addition the D Towers ~ Accent materials (i.e.; brick, side elevations (garage and front door side of each building) stone, shingles, wood or siding) also incorporate a minimum of five design elements to tie the project together as a whole. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments 4 Floor plans in a project shall exhibit a variety of roof ridges and roof Roof plans for the buildings heights within a neighborhood. provide variety of roof planes and ridges. Second and third floor decks provide further variation in planes and massing. The proposed roof plans provide varying heights within the neighborhood. 5 Houses with both the same floor plan and elevation style shall not Project is one lot, so N/ A. occur on adjacent lots. 6 Reverse floor plans shall be included where possible to add variety to Buildings all incorporate the street scene. mirrored floor plan units for variety. 7 A minimum of 15% of the total number of homes shall be single-story While the "single story" structures. Single-story is defined as a maximum plate-line of 15 feet element is not technically and a maximum building height of 20 feet. Lofts are permitted provided on the ist floor of the subject to CMC Section 21.04.330. residences, each second story or steps back from the front A minimum of 10% of the total number of homes shall be single-story fac;ade by providing balconies to structures and 15% shall be reduced second story structures. A create a "single story" feel to reduced second story structure shall comply with the following the elevations. This 8' balcony criteria: element is incorporated on D A minimum of 60% of the roofline shall be single story; each building (100% of the D A 2-story element may be added in the central portion of the units) across the entire front front and rear elevation; and fac;ade. D The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage). or For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%). 8 A maximum of 20% of the total number of homes are exempt from See explanation above. All units the requirement to have a single-story building edge. incorporate this element (100%). CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline I Compliance Comments Single Story Requirements 9 The remaining total number of homes shall comply with one of the All buildings contain a following guidelines: combination of covered porches with varying roof planes that ~ The home shall have a single-story building edge with a depth of are setback in excess of 5'. not less than 8 feet and shall run the length of the building along While the "single story" one side except for tower elements. The roof covering the element is not technically single-story element shall incorporate a separate roof plane and provided on the 1st floor of the shall be substantially lower than the roof for the two-story residences, we feel that the element. Porches and porte-cochere elements shall qualify as a project is in compliance with single-story edge. Houses with courtyards that are a minimum the intent and purpose of this of 15 feet wide located along the side of the house and setback a guideline as each residence has minimum of 15 feet from the property line are not required to been designed to contain the have a single-story building edge. look of various "single story" elements. The second floor of each unit steps back 8' to provide building relief and creates the look of a single story element while utilizing the space above it as deck. Multiple Building Planes 10 For at least 66% of the homes in a project, there shall be at least 3 At least three additional vertical separate building planes on street side elevations of lots with 45 feet planes are provided for all of street frontage or less and 4 separate building planes on street side homes at the street side, front, elevations of lots with a street frontage greater than 45 feet. and rear facing elevations. See Balconies and covered porches qualify as a building plane. building elevations which show compliant planes and offset The minimum offset in planes shall be 18 inches and shall include, but depths. We exceed this not be limited to, building walls, windows, porches and roofs. The requirement for all buildings. All minimum depth between the faces of the forward-most plane and planes indicated meet 30 SF and the rear plane on the front elevation shall be 10 feet. A plane must 18" variation requirements as be a minimum of 30 sq. ft. to receive credit under this section. shown on A3.1A-A3.2C. 11 Rear elevations shall adhere to the same criteria outlined in Number See building elevations which 10 above for front elevations except that the minimum depth show compliant planes and between front and back planes on the rear elevation shall be 4 feet. offset depths. We meet this Rear balconies qualify as a building plane. design guideline requirement. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in See building elevations, general the project shall be recessed or projected a minimum of 2 inches and note #6 indicates method of shall be constructed with wood, vinyl or colored aluminum window compliance with this design frames (no mill finishes). requirement. 14 Windows shall reinforce and enhance the architectural form and style Various window shapes are of the house through, the use of signature windows and varied proposed along with some window shapes and sizes. deeply setback into the facades. ... CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered Covered front porches that front porch, open courtyard, or balcony (each with a minimum depth comply with the area of 6 feet and a minimum area of 60 square feet) located at the front requirements are provided for of the dwelling. The minimum depth for a covered front porch shall all residences. be measured from the front fa!;ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16 Seventy-five percent (75%) of the homes must have a front entry to While it is not possible for all the home that is clearly visible from the street. Walkways from the entry doors to directly face the front door to the street are encouraged. narrow street edge of this project, it was designed so that walking along the street you can see the front doors and front porches in that perspective, and address number plaques will be visible as well. Enhanced paving has been incorporated which designates a pedestrian walkway from the street to the front door are provided for all residences. We have provided a rendering illustrating this for further clarification. We believe this satisfies the intent of this policy in that entry vestibules are visible from individuals walking along the street. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the Chimneys are not proposed for home. No more than 2 chimneys shall be allowed for homes on lots this project, therefore this in planned developments having an area less than 7,500 square feet. guideline does not apply. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street There are no 3 or 4 car garages must have a minimum of an 18" plane change between the garage proposed for this project. doors after the 2 car garage door. Additionally garage doors in side-by-side units are separated by plane changes and entry porches. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES *Note: North Elevation of Building C is considered the rear elevation of the project while Building A Southernmost elevation is considered the project's front elevation according to Policy 44. Architectural Guideline Compliance Comments Floor Plans and Elevations 1 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: Building C incorporates a different floor plan than Buildings A and B as well as a different elevation, while providing a consistent architectural theme. Each building also includes mirrored floor plans/elevations of the same unit type for added variation. 2 3 D 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. ~ 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. D 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. D 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. Every house should have a coherent architectural style. All elevations of a house, including front, side and rear, should have the same design integrity of forms, details and materials. In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fa~ade(s) of the house. All homes have a coastal contemporary style, which is reflected on all sides. Each building exhibits the same architectural motif and colors while providing a sense of individuality as well. All homes incorporate complimentary design details that reinforce and enhance the architectural style of the buildings. Front street-facing fa~ade (Building A South) Design Details provided for a minimum of five t-=~=--Ba-l-co_n_i_e_s-------=□=-K_n_e_e_b_r_a-ce-s----------1 design details, while the rear □ elevation (Building C North) also ~ Decorative eaves and fascia Dormers □ 1"'71 Columns provides for a minimum of five Exposed roof rafter tails ~ design details. In addition the D Arched elements ~ Exterior wood elements D Towers ~ Accent materials (i.e.; brick, side elevations (garage and front door side of each building) stone, shingles, wood or siding) also incorporate a minimum of five design elements to tie the project together as a whole. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments 4 Floor plans in a project shall exhibit a variety of roof ridges and roof Roof plans for the buildings heights within a neighborhood. provide variety of roof planes and ridges. Second and third floor decks provide further variation in planes and massing. The proposed roof plans provide varying heights within the neighborhood. 5 Houses with both the same floor plan and elevation style shall not Project is one lot, so N/ A. occur on adjacent lots. 6 Reverse floor plans shall be included where possible to add variety to Buildings all incorporate the street scene. mirrored floor plan units for variety. 7 A minimum of 15% of the total number of homes shall be single-story While the "single story" structures. Single-story is defined as a maximum plate-line of 15 feet element is not technically and a maximum building height of 20 feet. Lofts are permitted provided on the ist floor of the subject to CMC Section 21.04.330. residences, each second story or steps back from the front A minimum of 10% of the total number of homes shall be single-story fa~ade by providing balconies to structures and 15% shall be reduced second story structures. A create a "single story" feel to reduced second story structure shall comply with the following the elevations. This 8' balcony criteria: element is incorporated on D A minimum of 60% of the roofline shall be single story; each building (100% of the D A 2-story element may be added in the central portion of the units) across the entire front front and rear elevation; and fa~ade. D The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage). or For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%). 8 A maximum of 20% of the total number of homes are exempt from See explanation above. All units the requirement to have a single-story building edge. incorporate this element (100%). CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline I Compliance Comments Single Story Requirements 9 The remaining total number of homes shall comply with one of the All buildings contain a following guidelines: combination of covered porches with varying roof planes that IZI The home shall have a single-story building edge with a depth of are setback in excess of 5'. not less than 8 feet and shall run the length of the building along While the "single story" one side except for tower elements. The roof covering the element is not technically single-story element shall incorporate a separate roof plane and provided on the 1st floor of the shall be substantially lower than the roof for the two-story residences, we feel that the element. Porches and porte-cochere elements shall qualify as a project is in compliance with single-story edge. Houses with courtyards that are a minimum the intent and purpose of this of 15 feet wide located along the side of the house and setback a guideline as each residence has minimum of 15 feet from the property line are not required to been designed to contain the have a single-story building edge. look of various "single story" elements. The second floor of each unit steps back 8' to provide building relief and creates the look of a single story element while utilizing the space above it as deck. Multiple Building Planes 10 For at least 66% of the homes in a project, there shall be at least 3 At least three additional vertical separate building planes on street side elevations of lots with 45 feet planes are provided for all of street frontage or less and 4 separate building planes on street side homes at the street side, front, elevations of lots with a street frontage greater than 45 feet. and rear facing elevations. See Balconies and covered porches qualify as a building plane. building elevations which show compliant planes and offset The minimum offset in planes shall be 18 inches and shall include, but depths. We exceed this not be limited to, building walls, windows, porches and roofs. The requirement for all buildings. All minimum depth between the faces of the forward-most plane and planes indicated meet 30 SF and the rear plane on the front elevation shall be 10 feet. A plane must 18" variation requirements as be a minimum of 30 sq. ft. to receive credit under this section. shown on A3.1A-A3.2C. 11 Rear elevations shall adhere to the same criteria outlined in Number See building elevations which 10 above for front elevations except that the minimum depth show compliant planes and between front and back planes on the rear elevation shall be 4 feet. offset depths. We meet this Rear balconies qualify as a building plane. design guideline requirement. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in See building elevations, general the project shall be recessed or projected a minimum of 2 inches and note #6 indicates method of shall be constructed with wood, vinyl or colored aluminum window compliance with this design frames (no mill finishes). requirement. 14 Windows shall reinforce and enhance the architectural form and style Various window shapes are of the house through, the use of signature windows and varied proposed along with some window shapes and sizes. deeply setback into the facades. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered Covered front porches that front porch, open courtyard, or balcony (each with a minimum depth comply with the area of 6 feet and a minimum area of 60 square feet) located at the front requirements are provided for of the dwelling. The minimum depth for a covered front porch shall all residences. be measured from the front fa!;ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16 Seventy-five percent (75%) of the homes must have a front entry to While it is not possible for all the home that is clearly visible from the street. Walkways from the entry doors to directly face the front door to the street are encouraged. narrow street edge of this project, it was designed so that walking along the street you can see the front doors and front porches in that perspective, and address number plaques will be visible as well. Enhanced paving has been incorporated which designates a pedestrian walkway from the street to the front door are provided for all residences. We have provided a rendering illustrating this for further clarification. We believe this satisfies the intent of this policy in that entry vestibules are visible from individuals walking along the street. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the Chimneys are not proposed for home. No more than 2 chimneys shall be allowed for homes on lots this project, therefore this in planned developments having an area less than 7,500 square feet. guideline does not apply. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street There are no 3 or 4 car garages must have a minimum of an 18" plane change between the garage proposed for this project. doors after the 2 car garage door. Additionally garage doors in side-by-side units are separated by plane changes and entry porches. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. 2 3 4 5 CITY COUNCIL POLICY 66 -LIV ABLE NEIGHBORHOODS Principle Building Facades. Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front- loaded garages, alley-loaded garages and recessed garages. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul- de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be Compliance Comments The facade for all buildings is varied using different building materials (such as horizontal lap siding, stucco, and brick) and articulated by many plane changes, cantilevered balconies, and front porches. All front doors are clearly identifiable by a covered porch and address sign. While all garages face the street, all are recessed from the second story above which make the residence the prominent part of the structure. Enhanced garage doors are proposed to compliment the home design while not detracting from the residences. Building C also includes a tandem garage with a one-car garage door in the middle of the building to break up the 2-car garages. Streets are not proposed due to the size of the project; therefore, this guideline does not apply. Street trees are provided on both streets and are selected to enhance the street scene in an already established neighborhood, while complying with all landscape regulations. Sidewalks are proposed to be installed along both streets per engineering requirements. Enhanced paving to designate pedestrian paths to each unit are also provided on site. bordered by residential fronts, parks or plazas. Where street . connections are not feasible (at the end of cul-de-sacs), pedestnan paths should also be provided. 6 Centralized Community Recreation Areas Due to the size of this project, community parks and plazas are not Park or plazas, which serve as neighborhood meeting places and as provided for neighborhood meeting recreational activity centers should be incorporated into all planned locations. The Agua Hedionda unit developments. As frequently as possible, these parks/~lazas Trailhead is within 1/3 mile of this should be designed for both active and passive uses for residents of project serving as community all ages and should be centrally located within the project. Parks recreation. Tower 35 of the Carlsbad and plazas should be not be sited on residual parcels, use~ a~ Beaches is also less than 1/3 mile from buffers from surrounding developments or to separate bmldmgs the project's location. from streets. .. 2 3 4 5 CITY COUNCIL POLICY 66 -LIV ABLE NEIGHBORHOODS Principle Building Facades, Front Entries. Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front- loaded garages, alley-loaded garages and recessed garages. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul- de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be Compliance Comments The facade for all buildings is varied using different building materials (such as horizontal lap siding, stucco, and brick) and articulated by many plane changes, cantilevered balconies, and front porches. All front doors are clearly identifiable by a covered porch and address sign. While all garages face the street, all are recessed from the second story above which make the residence the prominent part of the structure. Enhanced garage doors are proposed to compliment the home design while not detracting from the residences. Building C also includes a tandem garage with a one-car garage door in the middle of the building to break up the 2-car garages. Streets are not proposed due to the size of the project; therefore, this guideline does not apply. Street trees are provided on both streets and are selected to enhance the street scene in an already established neighborhood, while complying with all landscape regulations. Sidewalks are proposed to be installed along both streets per engineering requirements. Enhanced paving to designate pedestrian paths to each unit are also provided on site. bordered by residential fronts, parks or plazas. Where street . connections are not feasible (at the end of cul-de-sacs), pedestnan paths should also be provided. 6 Centralized Community Recreation Areas Due to the size of this project, community parks and plazas are not Park or plazas, which serve as neighborhood meeting places and as provided for neighborhood meeting recreational activity centers should be incorporated into all planned locations. The Agua Hedionda unit developments. As frequently as possible, these parks/~lazas Trailhead is within 1/3 mile of this should be designed for both active and passive uses for residents of project serving as community all ages and should be centrally located within the project. Parks recreation. Tower 35 of the Carlsbad and plazas should be not be sited on residual parcels, use~ a~ Beaches is also less than 1/3 mile from buffers from surrounding developments or to separate bmldings the project's location. from streets. RECORDING REQUESTED BY: FNTG BUILDER SERVICES WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: 330 CHINQUAPIN LLC 200 SPECTRUM CENTER DR., STE 300 IRVINE, CA 92618 APN: 206-020-11-00 TITLE ORDER NO.: 00158960-996 ESCROW NO.: 22115162-JC DOC# 2021-0790140 11111111111111111111111111111111111111111111111111111111111111 IIII IIII Nov 16, 2021 08:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER RECEIV FEES: $3,162.00 ($B2 Atkins: $0.00) ED PCOR:YES PAGES:2 DECO 9 2021 ITY OF CARLSBAD LANNING DIVISION THIS SPACE FOR RECORDER'S USE ONLY GRANT DEED The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $3,135.00 County XX computed on the full value of the interest of property conveyed, or _computed on the full val1:Je less the value of liens or encumbrances remaining thereon at the time of sale. _OR transfer is EXEMPT from tax for the following reason: _________________ _ _ Unincorporated area X City of CARLSBAD ____________ _, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LUANNE C. GALIZIO, A MARRIED WOMAN WHO ACQUIRED TITLE AS LUANNE C. GALIZIO HEREBY GRANT{S) to 330 CHINQUAPIN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY All that real property situated in the City of CARLSBAD, County of SAN DIEGO, State of California, described as: EXACT LEGAL DESCRIPTION AS PER EXHIBIT "A," ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF Commonly Known As: 330 CHINQUAPIN AVENUE, CARLS;AD:,;j 92008 ._ L. November 3, 2021 -~--ii-'---<~ 9/_ a/)~ CrUANN~ A notary pubBc or other officer completing this certificate vellffes only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulne8$ accura of that document STATE OF CALIFORNIA COUNTY OF ____ -8-IIW-~~~i:.u.------i-.::.....,..-l On __ ..L.L---L:w.,._...JL.~~--~-41--' personally appeared ______ .....:....-'-='llt.a.;"-¥-l~-1.ot'-'"-'!b-Y.'"'"4-~...W--------.l.l.---- who proved to me on the basis oJ satisfaciory evidence to be the pe~(s ose name(sfjs/afe subscnbed to ~ within_)nstrument and acknowledged to me that ~she/they executed the same In hisllfer/thelr authorized capacity(ie'>, and that by .bi€ihe~ signature(gf on the instrument the person(&), or the entity upon behalf of which the persorl('s) acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws of the State of CaBfomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. SIGNATIJRE_· -?--..-~---------------(SEAL) oeeee•••••••, e CARI ANH KEil"IEOY J Notary P-.ibUc • California 5 i San Diego county !: Commission It 2283350 My Con:m. Expires Apr 24, 2023 MAIL TAX STATEMENT TO ADDRESS AS SHOWN ABOVE PRELIMINARY REPORT Chicago Trtle Company YOUR REFERENCE: 22115162 ORDER NO.: 00158960-996-SD1-CF2 EXHIBIT "A" LEGAL DESCRIPTION THE I.AND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Northeasterly Half of Lot 3 in Block "S" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County August 25, 1924, the Southwester1y boundary line thereof being parallel with and distant 70.00 feet Southwesterly from Northeasterly boundary line of said Lot. APN: 206-020-11-00 CLTA Preliminary Report Fann-Modified (11/17/06) Page3 " Fidelity National Title· • (t BUILDER SERVICES RECEIVED 2365 Northside Drive, Suite 600 DECO 9 2-021 CITY OF CARLSBAD PLANNING DIVISION San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00158960-996-SD1-CF2 Long Beach Escrow Corporation 4515 E. Anaheim, 2nd Floor Long Beach, CA 90804 ATTN: Joyce Clark Email: JOYCE@LONGBEACHESCROW.COM REF: 22115162 Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 330 CHINQUAPIN AVE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance ·company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By: ~ Authorized Signature CL TA Preliminary Report Form -Modified (11/17/06) Bye ~l-- R.uldy Quirk ~ident mm -::2.~=~ Corporate Secretary Page 1 Fidelity National Title· • (t BUILDER SERVICES PRELIMINARY REPORT EFFECTIVE DATE: August 12, 2021 at 7:30 a.m. ORDER NO.: 00158960-996-SD1-CF2 The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Owners Policy (04-08-14) 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Luanne C. Galizio, Trustee of The Pritten Trust , subject to Item No. 7 and 8 and Requirement No. 2 of Requirements Section. 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: 22115162 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Northeasterly Half of Lot 3 in Block "S" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County August 25, 1924, the Southwesterly boundary line thereof being parallel with and distant 70.00 feet Southwesterly from Northeasterly boundary line of said Lot. APN: 206-020-11-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 YOUR REFERENCE: 22115162 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document 7. 8. Recording Date: February 7, 1925 Recording No: Book 1056, Page 123, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. The interest of Jeffrey C. Galizia, husband and James J. Galizia, son, as created by that certain Revocable Transfer Upon Death Deed from Luanne C. Galizia, recorded September 15, 2017, as Instrument No. 2017-0425161, of Official Records for the County of San Diego, pursuant to the provisions of California Probate Code Section 5600 et seq. A Deed: From: To: Dated: Recording Date: Recording No: Luanne C. Galizia, Trustee of The Pritten Trust Luanne C. Galizia March 9, 2018 March 9, 2018 2018-0094850, of Official Records For insurance purposes, the Company is not willing to divest the interest of the following party(ies): Party(ies): The Pritten Trust CL TA Preliminary Report Form -Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: 22115162 EXCEPTIONS (Continued) 9. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property March 12, 2021 2021-0194059, of Official Records Reference is hereby made to said document for full particulars. Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 10. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 11. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: 22115162 REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. The Company will require a complete copy of the trust agreement and any amendments thereto, certified by the trustee(s) to be a true and complete copy, with respect to the hereinafter named trust. Name of Trust: The Pritten Trust 3. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Rincon Capital Group, LLC a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 4. The Company will require an affidavit signed by the seller/mortgagor certifying that there are no matters that could give rise to any defects, liens, encumbrances, adverse claims or other matters that would attach to the Land between the effective date of the report and the recording of the instruments creating the estate to be insured. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: 22115162 REQUIREMENTS (Continued) Cl TA Preliminary Report Form -Modified (11/17/06) Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 Page 7 PRELIMINARY REPORT YOUR REFERENCE: 22115162 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00158960-996-SD1-CF2 1. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. Note: The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Single Family Residential properties, known as 330 CHINQUAPIN AVE, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: Please contact your Title Officer to obtain the current recording fees. Chicago Title Company will pay Chicago Title Insurance Company 12% of the title premium, as disclosed on lines 1107 and 1108 of the HUD-1. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 7. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 8. The Company and its policy issuing agents are required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing agent must be supplied with a completed ALTA Information Collection Form ("ICF") prior to closing the transaction contemplated herein. 9. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Ken Cyr & Mark Franklin/ks3 206-020-11-00 2020-2021 $6,121.95 $6,121.95 $7,000.00 09000 END OF INFORMATIONAL NOTES CL TA Preliminary Report Form -Modified (11/17/06) Page 1 Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reseNed Fidelity National Title· • (I BUILDER SERVICES 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of recad, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (DSI Rev. 03/12/20) Last Saved: August 20, 2021 by KS3 Escrow No.: 00158960-996-SD1-CF2 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00158960-996-SD1-CF2 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-17 48. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00158960-996-SD1-CF2 Your Consent To This Privacy Notice: Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information: Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: FNF Privacy Statement (Eff. August 1, 2021) MISC0219 (OSI Rev. 07/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00158960-996-SD1-CF2 ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: 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 ii. 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; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. r c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar limit of liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California land Title Association. {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.} PARTII 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 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ,..... ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 00 en· 2: o a :J <II r <D s. 3 I\):, II) II) Co <II 12. Ol o l\l ..... c~ s: g: < !!!. (D -· )> (!) '< <II 1l gi 0 CT ..... (D )> g5· (J) (D co (J) _ _,, m Ill C (J) :J ~~-(J) 0 9. a.~ :u -· <D (D ~ "2. a. C Sl D> (D ct> en C. !l-II) -·m" ~~[ :J (D -· !?!,"9.:, gog _en -o:i 9: ~ g: 21, CD f0 II))( -:J -:r £ ~ (D -:r _cn Ill <D o-g ~-!J :: :J g~ ~ :JO <II .... 0 a~ ff 1l (D (D (D II) II)-· C. 'lil ~ ~ i;;-...... 3 ~ :::J 9, ~~ ~ "' .en£~ II) -·(D q (/J Q) m ~ g cc~:, CD~ 0 ~ ~DJ :u O '< .9, (D 9' 3 Q. .D (DO :J C ~ C. 5· <D 3 3ico 21. 0) a, u, CD ::=: Q. -a. (D tT al tD ;l'<!. ":<; en ~-en (/) :r C. :J ::!. i Q 21. ~ :J <II C ~ :f ~ i • <D <D CT L ~_ag ~ ';~ :, ::J ::!. ~ ~m . . :r II) (X) (D::, ~ ()C. s ~~ 0 -0 (D ~ II)., (X) ~~ ~ C. C. 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