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NOISE IMPACT STUDYSIT MEANS SIT DOG TRAINING AND KENNEL
CITY OF NEWPORT BEACH
PA2022-132
rk16943.doc
JN:3005-2021-01
SIT MEANS SIT DOG TRAINING AND KENNEL
NOISE IMPACT STUDY
City of Newport Beach, California
Prepared for:
Ms. Cindy Hunt
SIT MEANS SIT DOG TRAINING
1662 Orchard Drive
Newport Beach, CA 92660
Prepared by:
RK ENGINEERING GROUP, INC.
4000 Westerly Place, Suite 280
Newport Beach, CA 92660
Bryan Estrada, AICP
Darshan Shivaiah, M.S.
October 21, 2021
PA2022-132
Table of Contents
Section Page
1.0 Introduction ........................................................................................... 1-1
1.1 Purpose of Analysis and Study Objectives 1-1
1.2 Site Location 1-1
1.3 Project Description 1-2
1.4 Summary of Analysis Results 1-2
1.5 Recommendations 1-2
2.0 Fundamentals of Noise and Vibration .................................................. 2-1
2.1 Sound, Noise and Acoustics 2-1
2.2 Frequency and Hertz 2-1
2.3 Sound Pressure Levels and Decibels 2-1
2.4 Addition of Decibels 2-1
2.5 Human Responses to Changes in Noise Levels 2-2
2.6 Noise Descriptors 2-2
2.7 Sound Propagation 2-5
3.0 Regulatory Setting ................................................................................. 3-1
3.1 City of Newport Beach Noise Regulations 3-1
4.0 Study Method and Procedures .............................................................. 4-1
4.1 Measurement Procedures and Criteria 4-1
4.2 Stationary Noise Modeling 4-2
4.2.1 Referenced Noise Levels 4-3
5.0 Existing Noise Environment................................................................... 5-1
5.1 Existing Noise Levels 5-1
6.0 Project Noise Impacts ............................................................................ 6-1
6.1 Residential Noise Impacts 6-1
6.1.1 Residential Uses to the East 6-2
6.2 Recommended Project Design Features 6-3
PA2022-132
List of Attachments
Exhibits
Location Map ........................................................................................................... A
Site Plan ................................................................................................................... B
Noise Monitoring Locations ...................................................................................... C
Tables
City of Newport Beach Exterior Noise Standards ........................................................ 1
Dog Kennel Referenced Noise Levels .......................................................................... 2
Dog Play Area Referenced Noise Levels ...................................................................... 3
24-Hour Noise Measurement Results L-1 ................................................................... 4
24-Hour Noise Measurement Results L-2 ................................................................... 5
Project Noise Impacts to the East .............................................................................. 6
Appendices
City of Newport Beach Noise Ordinance ................................................................... A
Noise Measurement, Field Data and Photos ............................................................... B
Referenced Noise Level Field Sheets ........................................................................... C
Stationary Noise Calculation Worksheets ................................................................... D
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1.0 Introduction
1.1 Purpose of Analysis and Study Objectives
The purpose of this report is to evaluate the potential noise impacts from the proposed Sit
Means Sit Dog Training and Kennel (project) and recommend mitigation measures, if
necessary, to minimize any project noise impacts.
This report follows the City of Newport Beach Municipal Code, Chapter 10.26, Community
Noise Control standards and methodologies for analyzing noise impacts. The project shall
not create any noise, or allow the creation of any noise on the property which causes the
noise level when measured on any other property to exceed the noise standards described
in Chapter 10.26, Community Noise Control. The Newport Beach Community Noise Control
Ordinance is provided in Appendix A.
The following is provided in this report:
• A description of the study area and the proposed project
• Information regarding the fundamentals of noise
• Identification of the regulatory setting and applicable noise standards
• Analysis of the existing noise environment
• Analysis of the project’s operational noise impact to adjacent sensitive receptors
• Summary of recommended mitigation measures and project design features to reduce
noise level impacts.
1.2 Site Location
The proposed project is located at 1662 Orchard Drive, in the City of Newport Beach. The
project site is located approximately 50 feet above sea level and the topography is relatively
flat.
The project site is located in the Santa Ana Heights Specific Plan and the land use
designation is Residential Kennel. The project site is bounded by Orchard Drive to the
north, existing residential/kennel uses to the south, residential uses to the east, and
Riverside Drive to the west.
The nearest noise-sensitive land uses are considered the residential properties located to
the east of the project site.
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The project site location map is provided in Exhibit A.
1.3 Project Description
The project consists of constructing and operating a dog training and boarding kennel
facility with a maximum capacity of sixteen (16) dogs. The dog kennels will be located
within an enclosed building and each kennel will have a fenced-in outdoor area attached
to the façade of the building. During the daytime (7 AM to 10 PM), dogs may be allowed
in the outdoor portions of the kennels. The project will also have an outdoor yard for
training and exercising the dogs. Dogs will typically be leashed and handled by a trainer
while in the outdoor yard (the outdoor yard is not intended to be used as an open play
area for multiple dogs at the same time). During the nighttime (10 PM to 7 AM), the dogs
will be housed inside the enclosed kennels with exterior doors closed.
The nearest dog kennel will be located approximately 21 feet from the eastern property line
and the nearest adjacent neighboring residential property. A proposed common outdoor
play area will be located along the southwest portion of the project site. Existing six (6)
foot high block walls are currently located along portions of the eastern and northern
property lines. The project is also proposing to build a six (6) foot high block wall along the
southern property line.
This assessment analyzes the existing noise levels and calculates the project impact on
adjacent noise sensitive residential property to the east. The primary source of stationary
noise will come barking dogs and activities within the kennels and outdoor play area.
The site plan used for this analysis, provided by JJAB DESIGN, LLC. is illustrated in Exhibit B.
1.4 Summary of Analysis Results
The following findings are provided based on the results of this analysis:
1. Project noise levels are expected to be within the allowable limits of the City of
Newport Beach Exterior Noise Standards during daytime hours (7 a.m. to 10 p.m.)
at the adjacent residential home on Orchard Drive.
2. Project noise levels are expected to be within the allowable limits of the City of
Newport Beach Noise Standards during the nighttime hours (10:00 p.m. to 7:00
a.m.) at the adjacent residential home on Orchard Drive.
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1.5 Recommendations
The following recommendations are provided to help ensure noise levels do not cause a
significant noise impact.
Operation
1. During the night time hours (10 PM to 7 AM), all dogs should be kept in the kennel
building, and all exterior doors should be closed.
2. Provide adequate ventilation to the new structure per City of Newport Beach
building requirements to accommodate the closed-door conditions at night.
3. A minimum (6) foot high noise barrier shielding wall with entry gate should be
installed and maintained enclosing the outdoor kennel area to shield noise
associated with dog kennel (refer to Exhibit D). The barrier’s weight should be at
least 3.5 pounds per square foot of face area without decorative cutouts or line-of-
site openings between the shielded areas and the project site. All gaps (except for
weep holes) should be filled with grout or caulking to avoid flanking. Noise control
barrier may be constructed using one, or any combination of the following
materials:
• Masonry block;
• Stucco veneer over wood framing (or foam core), or 1-inch thick tongue
and groove wood of sufficient weight per square foot;
• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other
transparent material with sufficient weight per square foot.
Construction
4. Construction-related noise activities are exempted from the requirements set forth in
the City of Newport Beach Municipal Code Chapter 10.28, provided complies with
the following day/time restrictions.
a. Weekdays and Saturdays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
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sensitivity who works or resides in the vicinity, on any weekday except between
the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between
the hours of eight a.m. and six p.m.
b. Sundays and Holidays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any Sunday or any federal
holiday.
5. During construction, the contractor shall ensure all construction equipment is
equipped with appropriate noise attenuating devices and equipment shall be
maintained so that vehicles and their loads are secured from rattling and banging.
Idling equipment should be turned off when not in use.
6. Locate staging area, generators and stationary construction equipment as far from
adjacent residential properties, as reasonably feasible.
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2.0 Fundamentals of Noise and Vibration
This section of the report provides basic information about noise and presents some of the
terms used within the report.
2.1 Sound, Noise and Acoustics
Sound is a disturbance created by a moving or vibrating source and is capable of being
detected by the hearing organs. Sound may be thought of as mechanical energy of a
moving object transmitted by pressure waves through a medium to a human ear. For
traffic, or stationary noise, the medium of concern is air. Noise is defined as sound that is
loud, unpleasant, unexpected, or unwanted.
2.2 Frequency and Hertz
A continuous sound is described by its frequency (pitch) and its amplitude (loudness).
Frequency relates to the number of pressure oscillations per second. Low-frequency sounds
are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak).
These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human
ear can hear from the bass pitch starting out at 20 Hz all the way to the high pitch of
20,000 Hz.
2.3 Sound Pressure Levels and Decibels
The amplitude of a sound determines it loudness. The loudness of sound increases or
decreases, as the amplitude increases or decreases. Sound pressure amplitude is measured
in units of micro-Newton per square inch meter (N/m2), also called micro-Pascal (μPa).
One μPa is approximately one hundred billionths (0.00000000001) of normal atmospheric
pressure. Sound pressure level (SPL or Lp) is used to describe in logarithmic units the ratio
of actual sound pressures to a reference pressure squared. These units are called decibels
and abbreviated dB.
2.4 Addition of Decibels
Because decibels are on a logarithmic scale, sound pressure levels cannot be added or
subtracted by simple plus or minus addition. When two (2) sounds of equal SPL are
combined, they will produce an SPL 3 dB greater than the original single SPL.
In other words, sound energy must be doubled to produce a 3 dB increase.
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If two (2) sounds differ by approximately 10 dB the higher sound level is the predominant
sound.
2.5 Human Response to Changes in Noise Levels
In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and
5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more
intense than a sound with a higher or lower frequency with the same magnitude. For
purposes of this report as well as with most environmental documents, the A-scale
weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human
ear can barely perceive the change in noise level of 3 dB. A change in 5 dB is readily
perceptible, and a change in 10 dB is perceived as being twice or half as loud1. As
previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which
means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway),
would result in a barely perceptible change in sound level.
2.6 Noise Descriptors
Noise in our daily environment fluctuates over time. Some noise levels occur in regular
patterns, others are random. Some noise levels are constant, while others are
sporadic. Noise descriptors were created to describe the different time-varying noise levels.
Following are the most commonly used noise descriptors along with brief definitions.
A-Weighted Sound Level
The sound pressure level in decibels as measured on a sound level meter using the
A-weighted filter network. The A-weighting filter de-emphasizes the very low and very
high frequency components of the sound in a manner similar to the response of the
human ear. A numerical method of rating human judgment of loudness.
Ambient Noise Level
The composite of noise from all sources, near and far. In this context, the ambient noise
level constitutes the normal or existing level of environmental noise at a given location.
1 Source: U.S. DOT Federal Highway Administration. Dec. 2011. Highway Traffic Noise: Analysis and
Abatement Guidance.
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Community Noise Equivalent Level (CNEL)
The average equivalent A-weighted sound level during a 24-hour day, obtained after
addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and
after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after
10:00 PM.
Decibel (dB)
A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the
base 10 of the ratio of the pressure of the sound measured to the reference pressure,
which is 20 micro-pascals.
dB(A)
A-weighted sound level (see definition above).
Equivalent Sound Level (LEQ)
The sound level corresponding to a steady noise level over a given sample period with the
same amount of acoustic energy as the actual time varying noise level. The energy average
noise level during the sample period.
Habitable Room
Any room meeting the requirements of the Uniform Building Code or other applicable
regulations which is intended to be used for sleeping, living, cooking or dining purposes,
excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility
rooms, and similar spaces.
L(n)
The A-weighted sound level exceeded during a certain percentage of the sample time. For
example, L10 is the sound level exceeded 10 percent of the sample time. Similarly L50, L90
and L99, etc.
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Noise
Any unwanted sound or sound which is undesirable because it interferes with speech and
hearing, or is intense enough to damage hearing, or is otherwise annoying. The State
Noise Control Act defines noise as "...excessive undesirable sound...".
Outdoor Living Area
Outdoor spaces that are associated with residential land uses typically used for passive
recreational activities or other noise-sensitive uses. Such spaces include patio areas,
barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient
recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes;
outdoor areas associated with places of worship which have a significant role in services or
other noise-sensitive activities; and outdoor school facilities routinely used for educational
purposes which may be adversely impacted by noise. Outdoor areas usually not included in
this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage
areas associated with residential land uses; exterior areas at hospitals that are not used for
patient activities; outdoor areas associated with places of worship and principally used for
short-term social gatherings; and, outdoor areas associated with school facilities that are
not typically associated with educational uses prone to adverse noise impacts (for example,
school play yard areas).
Percent Noise Levels
See L(n).
Sound Level (Noise Level)
The weighted sound pressure level obtained by use of a sound level meter having a
standard frequency-filter for attenuating part of the sound spectrum.
Sound Level Meter
An instrument, including a microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement and determination of noise and sound levels.
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Single Event Noise Exposure Level (SENEL)
The dBA level which, if it lasted for one (1) second, would produce the same A-weighted
sound energy as the actual event.
2.7 Sound Propagation
As sound propagates from a source it spreads geometrically. Sound from a small, localized
source (i.e., a point source) radiates uniformly outward as it travels away from the source in
a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance.
The movement of vehicles down a roadway makes the source of the sound appear to
propagate from a line (i.e., line source) rather than a point source. This line source results
in the noise propagating from a roadway in a cylindrical spreading versus a spherical
spreading that results from a point source. The sound level attenuates for a line source at a
rate of 3 dB per doubling of distance.
As noise propagates from the source, it is affected by the ground and atmosphere. Noise
models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate
predicted noise levels. Hard site conditions assume no excessive ground absorption
between the noise source and the receiver. Soft site conditions such as grass, soft dirt or
landscaping attenuate noise at an additional rate of 1.5 dB per doubling of distance.
When added to the geometric spreading, the excess ground attenuation results in an
overall noise attenuation of 3 dB per doubling of distance for a line source and 6.0 dB per
doubling of distance for a point source.
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Figure 1
Typical Sound Levels from Indoor and Outdoor Noise Sources2
2 Source: AAHSTO. 1993. Guide on Evaluation and Abatement of Traffic Noise
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3.0 Regulatory Setting
3.1 City of Newport Beach Noise Regulations
The proposed project is located in the City of Newport Beach and is required to follow the
City’s noise regulations and standards established in the Newport Beach Municipal Code
Chapter 10.26 -- Community Noise Control. The full Community Noise Control ordinance is
provided in Appendix A.
Noise levels from the project site are required to be below the City’s standard during
daytime and nighttime hours at all adjacent and surrounding properties. Table 1 shows the
City of Newport Beach Exterior Noise Standards.
Table 1
City of Newport Beach Exterior Noise Standards1
Noise Zone Type of Land Use Allowable Exterior Noise Level (Leq)2
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-, Two-, or
Multiple-Family Residential 55 dBA 50 dBA
III Residential Portions if Mixed-Use
Properties3 60 dBA 50 dBA
1 Newport Beach Municipal Code Chapter 10.26.025.
2 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
3 For purposes of this analysis, Noise Zone III standards are applicable to the residential homes located to the
north and south of the project site on Riverside Drive.
Per section 10.26.025 of the Community Noise Control ordinance, it is unlawful for any
person at any location within the incorporated area of the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level when measured on any other
property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus
twenty (20) DBA for any period of time (measured using A-weighted slow
response).
In the event the ambient noise level exceeds the noise standard, the maximum allowable
noise level shall be increased to reflect the maximum ambient noise level.
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Construction Noise Regulation
Section 10.26.035 of the Newport Beach Municipal Code indicates that noise sources
associated with construction, repair, remodeling, or grading of any real property shall be
exempted from the provisions of Chapter 10.28:
Section 10.28.040 Construction Activity Noise Regulations sets the following;
A. Weekdays and Saturdays. No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which
produces loud noise that disturbs, or could disturb, a person of normal sensitivity
who works or resides in the vicinity, on any weekday except between the hours of
seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of
eight a.m. and six p.m.
B. Sundays and Holidays. No person shall, while engaged in construction, remodeling,
digging, grading, demolition, painting, plastering or any other related building
activity, operate any tool, equipment or machine in a manner which produces loud
noise that disturbs, or could disturb, a person of normal sensitivity who works or
resides in the vicinity, on any Sunday or any federal holiday.
C. No landowner, construction company owner, contractor, subcontractor, or
employer shall permit or allow any person or persons working under their direction
and control to operate any tool, equipment or machine in violation of the provisions
of this section.
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4.0 Study Method and Procedures
The following section describes the measurement procedures, measurement locations, and
noise modeling procedures and assumptions used in the noise analysis.
4.1 Measurement Procedures and Criteria
Noise measurements are taken to determine the existing noise levels. A noise receiver or
receptor is any location in the noise analysis in which noise might produce an impact. The
following criteria are used to select measurement locations and receptors:
• Locations expected to receive the highest noise impacts, such as the first row of
houses
• Locations that are acoustically representative and equivalent of the area of concern
• Human land usage
• Sites clear of major obstruction and contamination
RK conducted the sound level measurements in accordance with Caltrans technical noise
specifications. All measurement equipment meets American National Standards Institute
(ANSI) specifications for sound level meters (S1.4-1983 identified in Chapter
19.68.020.AA).
A Piccolo-II Type 2 and a Larson Davis 712 Type 2 integrating-averaging sound level meter
were used to conduct the noise measurements.
The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical data were recorded over the
measurement time period intervals and the information was utilized to define the noise
characteristics for the project. The following gives a brief description of the Caltrans
Technical Noise Supplement procedures for sound level measurements:
• Microphones for sound level meters were placed between at five (5) feet above the
ground level, unless otherwise specified
• Sound level meters were calibrated before and after each measurement
• Following the calibration of equipment, a windscreen was placed over the
microphone
• Frequency weighting was set on “A” and slow response
• Results of noise measurements were recorded on field data sheets
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• During any short-term noise measurements, any noise contaminations such as
barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted
• Temperature and sky conditions were observed and documented
Appendix B includes photos, field sheets, and measured noise data.
4.2 Stationary Noise Modeling
The stationary noise was projected using a computer program that replicates the FHWA Noise
Prediction Model (FHWA-RD-77-108). The FHWA model arrives at the predicted noise level
through a series of adjustments to the reference energy noise level. For each stationary source,
the referenced noise level was applied to the model. The model outputs the projected noise
level based on the following key parameters:
• Measured referenced noise level – (e.g. how loud a source is at a specific distance)
• Vertical and horizontal distances (sensitive receptor distance from noise source)
• Noise barrier vertical and horizontal distances (noise barrier distance from sound
source and receptor).
• Typical noise source spectra
• Topography
4.2.1 Referenced Noise Levels
To estimate noise level impacts from on-site noise sources, reference noise levels are utilized.
Referenced noise levels represent similar noise sources operating under similar conditions as
would be found on the project site.
Dog Kennel Reference Noise Levels
Typical noise associated with dog kennel activities is produced by the dogs. Barking by one
dog may become a self-reinforcing behavior and may also stimulate other individuals to
vocalize further. Additionally, dogs housed in kennels may bark as a territorial behavior or
from excitement generated by people passing by the pens. Table 2 indicates the referenced
noise levels for on-site dog kennel activities obtained from SoundPLANTM software.
Kennel noise projections are estimated from the center of the kennel area to the nearest
adjacent property line.
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Table 2
Dog Kennel Referenced Noise Level1
Source Referenced Distance Noise Levels (dBA)
Dog Kennel 3 feet 89.7
1Referenced noise levels from SoundPLAN.
Dog Play Area Reference Noise Levels
Generally, noise levels at the outdoor dog play area are assumed to be less than the noise
levels at the kennel area. Table 3 indicates the measured referenced noise levels at the dog
play area, conducted previously by RK in 4th November, 2015 (Newport Tails Kennel Acoustical
Study).
Using a Larson Davis 712 Type 2 integrating-averaging sound level meter, two (2) 5-minute
noise measurements were recorded at the surrounding property lines. Short term noise
measurements are conducted during normal daytime hours and considered samples of typical
ambient conditions. The Leq, Lmin, Lmax, L2, L8, L25, and L50, statistical data were reported
over the 5-minute period. The information was utilized to define the noise characteristics for
the project.
The following details and observations are provided for the short-term dog play area noise
measurements. The results of the referenced noise level measurements (REF) are presented in
Table 3.
Table 3
Dog Play Area Referenced Noise Levels1
Site
No.
Time
Started Leq Lmax Lmin L2 L8 L25 L50
REF-1 3:12 PM 57.0 73.0 47.0 66.9 61.3 54.6 50.8
REF-2 2:49 PM 55.3 76.2 46.6 61.9 58.2 53.9 51.2
1 Referenced noise levels measured by RK over a 5-minute period on 11/04/2015.
REF-1 Measurement taken 45' away from the rear façade of the house, and 10' away
from the northern property line/wall.
REF-2 Measurement taken 22' away from the rear façade of the house, and 10' away
from the southern property line/wall.
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To estimate the future noise levels during typical conditions, RK used the highest noise levels
from the reference noise levels. Adjusted noise levels are based on the distance of the receptor
location relative to the noise source, local topography and the recommended property line
wall shielding.
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5.0 Existing Noise Environment
The existing noise environment for the project site and surrounding areas has been
established based on noise measurement data collected by RK. Noise measurement data
indicates that activities from the existing land use and surrounding properties, as well as
overhead planes, are the main sources of ambient noise at the project site and surrounding
noise sensitive receptor areas.
5.1 Existing Noise Levels
To determine the existing noise level environment, RK conducted two (2) 24-hour noise
measurements at the project study area.
Noise levels were measured on October 6, 2020 using a Piccolo-II Type 2 integrating-
averaging sound level meter. The information was utilized to establish the noise
characteristics of the existing ambient environment.
The noise monitoring locations were selected based on the proximity and location to
adjacent sensitive receptors. Exhibit C graphically illustrates the location of the long-term
measurements.
• Noise monitoring location one (L-1) was taken at the center of the project site,
approximately 85 feet from the northern property line and approximately 10 feet
from the eastern property line.
• Noise monitoring location two (L-2) was taken at the backyard of the project site,
approximately 66 feet from the western property line and 42 feet from the southern
property line.
Noise monitoring locations (L-1) and (L-2) represent the existing noise levels near the
adjacent noise sensitive residential land uses to the east. It should be noted that based on
Table 4 and Table 5, the existing noise levels at the project site and surrounding sites are
currently exceeding the City of Newport Noise standards for residential uses.
Appendix B includes photographs, field sheets and measured noise data.
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Table 4
24 Noise Measurement Results L-11
Time Leq (dBA) Time Leq (dBA)
12:00 AM 40.5 12:00 PM 68.4
1:00 AM 38.1 1:00 PM 65.2
2:00 AM 37.0 2:00 PM 67.6
3:00 AM 38.0 3:00 PM 65.2
4:00 AM 35.8 4:00 PM 66.0
5:00 AM 38.5 5:00 PM 65.5
6:00 AM 64.2 6:00 PM 67.0
7:00 AM 71.2 7:00 PM 67.8
8:00 AM 69.8 8:00 PM 62.0
9:00 AM 66.6 9:00 PM 65.9
10:00 AM 67.3 10:00 PM 42.1
11:00 AM 70.0 11:00 PM 47.7
Lowest Daytime (7 AM to 10 PM) Leq 62.0
Lowest Nighttime (10 PM to 7 AM) Leq 35.8
1 L-1 was taken in the center of the site, approximately 85 feet from the northern property line. L-1 was
recorded on 10/06/2021.
Table 5
24 Noise Measurement Results, LT-21
Time Leq (dBA) Time Leq (dBA)
12:00 AM 38.4 12:00 PM 67.1
1:00 AM 35.4 1:00 PM 64.5
2:00 AM 36.2 2:00 PM 66.8
3:00 AM 37.8 3:00 PM 64.5
4:00 AM 34.9 4:00 PM 64.5
5:00 AM 37.4 5:00 PM 64.4
6:00 AM 59.0 6:00 PM 65.5
7:00 AM 70.9 7:00 PM 66.8
8:00 AM 69.1 8:00 PM 60.9
9:00 AM 65.5 9:00 PM 64.9
10:00 AM 66.5 10:00 PM 40.8
11:00 AM 68.9 11:00 PM 46.9
Lowest Daytime (7 AM to 10 PM) Leq 60.9
Lowest Nighttime (10 PM to 7 AM) Leq 34.9
1 L-2 was taken near the center of the site, approximately 66 feet from the western property line and 42 feet
from the southern property line. L-2 was recorded on 10/06/2021.
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6.0 Project Noise Impacts
This assessment analyzes the future noise level impacts from project to the nearest adjacent
residential properties. Noise level impacts are compared to the City of Newport Beach noise
standards and recommendations are provided, as needed, to reduce the project’s noise
impact.
6.1 Residential Noise Impacts
The proposed project will house a maximum of sixteen (16) dogs at capacity. During the
daytime (7 AM to 10 PM), dogs may be allowed in the outdoor portions of the kennels and
in the play areas. During the nighttime (10 PM to 7 AM), the dogs are expected to be
housed inside the enclosed kennels with doors closed.
This assessment analyzes the existing noise levels and calculates the project impact on
adjacent noise sensitive property to the east. The primary source of stationary noise will
come from the dog kennels and the common outdoor play area of the project site.
In order to determine the significant noise impact, the 24-hour noise level data collected by
RK on the site is utilized as the baseline conditions. Based on the existing noise
measurement data presented in Table 4 and Table 5, the existing noise levels at the project
site and surrounding area are currently exceeding the City of Newport Noise standards for
residential uses.
RK identified the lowest hourly Leq noise levels for both daytime hours (7:00 a.m. to 10:00
p.m.) and nighttime hours (10:00 p.m. to 7:00 a.m.). This represents a worst-case
assessment during the quietest hours of the day and night.
6.1.1 Project Noise Impact
The nearest residential property line located adjacent to the east of the site, approximately
21 feet away from the nearest outdoor dog kennel structure and 5 feet away from the
outdoor dog play area.
The nearest adjacent noise sensitive land use is the existing residential property located to
the east of the site. The adjacent home is located in Noise Zone I, which includes all single-,
two-, and multiple-family residential properties in the City of Newport Beach. The daytime
noise standard at the adjacent home is 55 dBA from 7:00 a.m. to 10:00 p.m. and the
nighttime noise standard is 50 dBA from 10:00 p.m. to 7:00 a.m.
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This assessment has been conducted by taking noise reduction from the existing wall along
the eastern/northern property line.
Table 6 shows the result of the noise impact analysis. The noise levels generated by the
project are not expected to exceed the City’s daytime and nighttime exterior residential
noise standard at the adjacent property to the east.
Table 6
Project Noise Impacts to the East
Receptor Source
Noise Level (dBA)
Leq
Daytime
Leq
Nighttime
(7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.)
Nearest Adjacent
Property Line
Dog Kennel1 46.8 41.82
Outdoor Play Area 49.8 --
Combined Project Noise Level 51.6 41.8
City of Newport Beach
Noise Standards 55.0 50.0
Project Noise Level
Exceeds Standard (?) NO NO
1Noise levels take into account the existing noise barrier wall along property line and the recommended noise
barrier wall shielding the outdoor kennel areas.
2 Assumes minimum 5 dBA reduction in noise during nighttime with exterior kennel doors closed.
6.2 Recommended Project Design features
The following recommendations are provided to help ensure noise levels do not cause a
significant noise impact.
Operation
1. During the night time hours (10 PM to 7 AM), all dogs should be kept in the kennel
building, and all exterior doors should be closed.
2. Provide adequate ventilation to the new structure per City of Newport Beach
building requirements to accommodate the closed-door conditions at night.
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3. A minimum (6) foot high noise barrier shielding wall with entry gate should be
installed and maintained enclosing the outdoor kennel area to shield noise
associated with dog kennel (Refer Exhibit D). The barrier’s weight should be at least
3.5 pounds per square foot of face area without decorative cutouts or line-of-site
openings between the shielded areas and the project site. All gaps (except for weep
holes) should be filled with grout or caulking to avoid flanking. Noise control barrier
may be constructed using one, or any combination of the following materials:
• Masonry block;
• Stucco veneer over wood framing (or foam core), or 1-inch thick tongue
and groove wood of sufficient weight per square foot;
• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other
transparent material with sufficient weight per square foot.
Construction
4. Construction-related noise activities are exempted from the requirements set forth in
the City of Newport Beach Municipal Code Chapter 10.28, provided complies with
the following day/time restrictions.
a. Weekdays and Saturdays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any weekday except between
the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between
the hours of eight a.m. and six p.m.
b. Sundays and Holidays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any Sunday or any federal
holiday.
5. During construction, the contractor shall ensure all construction equipment is
equipped with appropriate noise attenuating devices and equipment shall be
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maintained so that vehicles and their loads are secured from rattling and banging.
Idling equipment should be turned off when not in use.
6. Locate staging area, generators and stationary construction equipment as far from
east property line, as reasonably feasible.
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Exhibits
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engineeringgroup, inc.SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA
3005-2021-01 engineering
Location MapExhibit A
N
SITE
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group, inc.engineering
Site PlanExhibit B
N
SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA
3005-2021-01
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engineeringgroup, inc.engineering
Noise Monitoring LocationsExhibit C
N
Legend:
= Long Term (24-HR) Noise Monitoring Location1
SITE 1
2
SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA
3005-2021-01
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group, inc.engineering
RecommendationsExhibit D
N
SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA
3005-2021-01
A minimum (6) foot high noise barrier shielding wall with entry gate should be installed and maintained enclosing
the outdoor kennel area to shield noise associated with dog kennel. The barrier’s weight should be at least 3.5
pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas
and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise
control barrier may be constructed using one, or any combination of the following materials:
Masonry block;
Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient
weight per square foot;Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight
per square foot.
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Appendices
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Appendix A
City of Newport Beach Noise Ordinance
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(119 hits)
Chapter 10.26 COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions—Special
Provisions.
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
10.26.050 Sound-Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations—Additional Remedies—Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.100 Severability.
10.26.005 Declaration of Policy.
A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to
be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary
to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating,
maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not
in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance.
The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources
existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with
this chapter. (Ord. 95-38 § 11 (part), 1995)
10.26.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the meanings as indicated here:
“Agricultural property” means a parcel of real property which is undeveloped for any use other than agricultural
purposes.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
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“A-weighted sound level” means the total sound level meter with a reference pressure of twenty (20) micropascals
using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as DBA.
“Code Enforcement Officer” means the Code Enforcement Officer of the City or his duly authorized deputy.
“Commercial property” means a parcel of real property which is used as either in part or in whole for commercial
purposes.
“Cumulative period” means an additive period of time composed of individual time segments which may be
continuous or interrupted.
“Decibel (Db)” means a unit which denotes the ratio between two quantities which are proportional to power: the
number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten
of this ratio.
“Dwelling unit” means any area within a structure on any parcel which:
1. Contains separate or independent living facilities for one or more persons, with an area or equipment for
sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or
2. Is being utilized for residential purposes by one or more persons separately or independently from
occupants of other areas within the structure.
“Emergency machinery, vehicle, work or alarm” means any machinery, vehicle, work or alarm used, employed,
performed or operated in an effort to protect, provide or restore safety conditions in the community or for the
citizenry, or work by private or public utilities when restoring utility service.
“Equivalent, noise, level, leq.” means the sound level corresponding to a steady state noise level over a given
measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known
as the energy average noise level during the measurement period. The measurement period shall be fifteen (15)
minutes under the terms of this chapter.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless including but not
limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans,
compressors, air conditioners and refrigeration equipment.
“Grading” means any excavating of filling of earth material or any combination thereof conducted at a site to
prepare said site for construction or other improvements thereon.
“Health care institution” means any hospital, convalescent home or other similar facility excluding residential.
“Hertz (HZ)” means the unit which describes the frequency of a function periodic in time which is the reciprocal of
the period.
“Impulsive noise” means a noise of short duration usually less than one second and of high intensity, with an
abrupt onset and rapid decay.
“Industrial property” means a parcel of real property which is used either in part or in whole for manufacturing
purposes.
“Intruding noise level” means the total sound level, in decibels, created, caused, maintained or originating from an
alleged offensive source at a specified location while the alleged offensive source is in operation.
“Licensed” means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where
no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.
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“Major roadway” means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or
controlled by a public government entity.
“Mobile noise source” means any noise source other than a fixed noise source.
“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind,
including public agencies.
“Residential property” means a parcel of real property which is used either in part or in whole for residential
purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property
includes the residential portion of mixed use properties.
“Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other
frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave
band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure
levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz
(Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz.
“Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 or
most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio
of the pressure of the sound to a reference pressure which shall be explicitly stated.
“Vibration” means any movement of the earth, ground or other similar surface created by a temporal and spatial
oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part),
1995)
10.26.015 Decibel Measurement Criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound
pressure of twenty (20) micropascals as measured with a sound level meter using the A-weighted network (scale)
at slow response. (Ord. 95-38 § 11 (part), 1995)
10.26.020 Designated Noise Zones.
The properties hereinafter described assigned to the following noise zones:
Noise Zone I — All single-, two- and multiple-family
residential properties;
Noise Zone II — All commercial properties;
Noise Zone III — The residential portion of mixed-use
properties;
Noise Zone IV — All manufacturing or industrial properties.
The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone
I, II, III or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part),
1995)
10.26.025 Exterior Noise Standards.
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A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a
designated noise zone:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m.10 p.m. to 7 a.m.
I Single-, two-or
multiple-family
residential
55 DBA 50 DBA
II Commercial 65 DBA 60 DBA
III Residential
portions of
mixed-use
properties
60 DBA 50 DBA
IV Industrial or
manufacturing
70 DBA 70 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person,
which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under
said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.030 Interior Noise Standards.
A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property
within all noise zones:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m.10 p.m. to 7 a.m.
I Residential 45 DBA 40 DBA
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III Residential
portions of
mixed-use
properties
45 DBA 40 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise
or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a
person which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said
category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on a boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.035 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public
entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which
are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized,
or responsible, to perform, activities which are exempt from the provisions of this chapter include, without
limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach
or the Newport Mesa Unified School District;
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said
events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging
of said events;
C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery,
vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle
shall terminate its operation within forty-five (45) minutes in any hour of its being activated;
D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property.
Such activities shall instead be subject to the provisions of Chapter 10.28 of this title;
E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way
or during authorized seismic surveys;
F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that:
1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or
at any time Sunday or a federal holiday, or
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2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during
periods of potential or actual frost damage or other adverse weather conditions, or
3. Such operations and equipment are associated with agricultural pest control through pesticide
application, provided the application is made in accordance with permits issued by or regulations enforced
by the California Department of Agriculture;
G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to
the provisions of Chapter 10.28 of this title;
H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption
may include motor vehicle, aircraft in flight, and railroad noise regulations;
I. Any noise sources associated with people and/or music associated with a party at a residential property. Such
noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of
Chapters 10.28 and 10.58 of this title;
J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly
within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead
shall be subject to the provisions of Chapter 7.20 of this Code;
K. Any noise sources associated with the operation of a permanently installed heating, venting and air
conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B)
and (C);
L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification
permit, development agreement or planned community district development plan adopted prior to the date of
adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions
—Special Provisions.
It is unlawful for any person to create any noise which causes the noise level at any school, day care center,
hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise
standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38
§ 11 (part), 1995)
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or
adjacent to residential areas shall be issued only where installations can be shown by computation, based on the
sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of fifty (50) DBA or
not to exceed an A-weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that
will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be
that specified in “Standard Application of Sound Rated Outdoor Unitary Equipment,” Standard 275, Air
conditioning and Refrigeration Institute, 1984 or latest revision thereof.
B. Existing HVAC Equipment.
1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior
noise limit of sixty-five (65) dBA until January 1, 1998.
2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter until January 1, 1998.
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3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter
shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety-day compliance
period set forth in Section 10.26.005.
C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior
noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent
of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995)
10.26.050 Sound-Amplifying Equipment.
Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be
subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to
include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players,
electric keyboards, music synthesizers, record players or televisions, which are designed and operated for
personal use, or used entirely within a building and are not designed or used to convey the human voice, music or
any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants
of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38
§ 11 (part), 1995)
10.26.055 Noise Level Measurement.
A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private
yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property
as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or
patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such
as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not
normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise
levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone
height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone
height shall be five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the affected residential unit.
The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of
a window opening, nearest the noise source. The measurements shall be made with windows in an open position.
(Ord. 95-38 § 11 (part), 1995)
10.26.065 Proposed Developments.
Each department whose duty it is to review and approve new projects or changes to existing projects that result
or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval.
If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed
standard, regulation or action of any department respecting noise does not conform to the provisions as specified
in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability
of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995)
10.26.070 Prima Facie Violation.
Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter,
shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part),
1995)
10.26.075 Violations.
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Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 §
11 (part), 1995)
10.26.080 Violations—Additional Remedies—Injunctions.
A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in
violation of any provisions of this chapter which operation or maintenance causes or creates sound levels
exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law.
The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council
declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a
personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995)
10.26.085 City Manager Waiver.
The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time
not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and
prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is
sought. (Ord. 95-38 § 11 (part), 1995)
10.26.090 Noise Abatement Programs.
A. In circumstances which adopted community-wide noise standards and policies prove impractical in
controlling noise generated from a specific source, the City Council may establish a noise abatement program
which recognizes the characteristics of the noise source and affected property and which incorporates specialized
mitigation measures.
B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for
achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may
include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of
operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995)
10.26.095 Manner of Enforcement.
A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue
citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or
enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of
an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which
specifies the time by which the condition shall be corrected.
B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this
chapter while such person is engaged in the performance of his/her duty.
C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to
be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address
or at the place where the violation occurred in which event the specified time period for abating the violation or
applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 §
11 (part), 1995)
10.26.100 Severability.
PA2022-132
9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL
https://www.codepublishing.com/CA/NewportBeach/9/9
If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be
given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby
declared to be severable. (Ord. 95-38 § 11 (part), 1995)
The Newport Beach Municipal Code is current through
Ordinance 2018-13, passed August 14, 2018.
Disclaimer: The City Clerk's Office has the official version of the
Newport Beach Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
PA2022-132
Appendix B
Noise Measurement, Field Data and Photos
PA2022-132
Project:Engineer:D. Shivaiah Date:10/6/2021
JN:3005-2021-01
Measurement Address:City:Site No.:
1662 Orchard Drive Newport Beach
Sound Level Meter:Calibration Record:Notes:
Piccolo II Input, dB/ Cali. Date Time
Serial # P0218042101 1 94.0 Temp: 79
Serial # P0218092808 2 94.0 10/05/2021 3:00 PM Windspeed: 8 MPH
Serial # P0221010801 3 94.0 Direction: SSW
Serial # P0221010802 4 94.0 10/05/2021 3:05 PM Skies: Clear
Calibrator:Camera:
Photo Nos.
Serial # 500732
Notes:Measurement Type:
Long-term X
Short-term
Field Sheet
1
Meter Settings:
A-WTD LINEAR SLOW 1/1 OCT INTERVALS ___60____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT LN PERCENTILE VALUES
Sit Means Sit Dog Training Noise Impact
Study
CA114 Sound Calibrator
1c
c 2
PA2022-132
Project:Engineer:D. Shivaiah Date:10/6/2021
JN:3005-2021-01
Measurement Address:City:Newport Beach Site No.:
Noise measurement was taken in the center of the site, approximately 85 feet from the northern property line.
47.0
Field Sheet - ST1 Location Photos
Sit Means Sit Noise Impact Study
1
PA2022-132
PROJECT: Sit Means Sit Dog Training Noise Impact Study JOB #: 3005‐2021‐01NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 06‐Oct‐21BY: D. ShivaiahTimeLeqLmax LminL2L8L25L5012:00 AM 40.563.134.748.342.739.438.21:00 AM 38.157.633.044.140.736.434.12:00 AM 37.053.233.144.337.635.534.73:00 AM 38.057.532.344.737.434.833.94:00 AM 35.852.232.441.938.035.234.25:00 AM 38.555.633.447.140.936.835.66:00 AM 64.289.435.259.251.945.341.07:00 AM 71.288.639.683.175.154.751.18:00 AM 69.889.044.581.169.753.650.89:00 AM 66.688.942.578.064.153.050.610:00 AM 67.387.740.978.469.355.850.911:00 AM 70.088.244.782.271.554.650.812:00 PM 68.488.841.680.666.452.650.11:00 PM 65.287.243.277.260.451.749.12:00 PM 67.687.144.878.769.855.552.53:00 PM 65.285.947.076.263.156.253.74:00 PM 66.086.947.377.566.856.453.85:00 PM 65.586.046.376.963.754.752.26:00 PM 67.086.543.079.066.450.847.77:00 PM 67.887.839.679.068.348.945.48:00 PM 62.084.538.072.750.545.342.99:00 PM 65.989.234.167.148.440.537.710:00 PM 42.165.734.849.044.140.738.411:00 PM 47.768.935.755.045.842.440.2Daytime67.389.234.178.868.153.450.4Nighttime55.389.4 32.352.345.039.937.4At the center of the project site, approximately 85 feet from the northern property line and approximately 10 feet from the eastern property lineLOCATION:PA2022-132
0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln) ‐ L‐1LeqLmaxLminL2L8L25L50PA2022-132
0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL) ‐ L‐1LeqCNELPA2022-132
Project:Engineer:D. Shivaiah Date:10/6/2021
JN:3005-2021-01
Measurement Address:City:Newport Beach Site No.:
47.0
Field Sheet - ST2 Location Photos
Sit Means Sit Noise Impact Study
2Noise measurement was taken near the backyard play area of the site, approximately 66 feet from the western
property line and 42 feet from the southern property line
PA2022-132
PROJECT: Sit Means Sit Dog Training Noise Impact Study JOB #: 3005‐2021‐01NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 06‐Oct‐21BY: D. ShivaiahTimeLeqLmax LminL2L8L25L5012:00 AM 38.449.733.147.241.337.235.91:00 AM 35.450.032.241.937.834.833.62:00 AM 36.253.832.244.435.934.133.43:00 AM 37.858.131.544.936.533.832.94:00 AM 34.949.031.542.436.434.033.25:00 AM 37.452.533.143.140.037.435.96:00 AM 59.085.534.853.648.744.040.27:00 AM 70.989.338.782.675.155.848.48:00 AM 69.189.441.880.569.451.748.99:00 AM 65.588.641.476.464.852.249.010:00 AM 66.586.640.777.670.154.849.411:00 AM 68.987.342.380.871.153.948.612:00 PM 67.187.140.078.567.350.747.61:00 PM 64.586.941.476.462.750.246.92:00 PM 66.886.642.877.869.053.549.83:00 PM 64.585.844.875.262.953.551.14:00 PM 64.586.244.875.866.154.251.35:00 PM 64.484.043.776.265.753.050.26:00 PM 65.586.139.877.365.649.045.37:00 PM 66.886.838.478.169.049.043.48:00 PM 60.983.136.172.949.343.540.79:00 PM 64.988.933.469.248.540.938.110:00 PM 40.860.733.748.443.639.637.011:00 PM 46.969.534.051.945.340.538.2Daytime66.489.433.477.768.152.148.1Nighttime50.485.5 31.548.442.738.636.2LOCATION:Noise measurement was taken near the center of the site, approximately 66 feet from the western property line and 42 feet from the southern property linePA2022-132
0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln) ‐ L‐2LeqLmaxLminL2L8L25L50PA2022-132
0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL) ‐ L‐2LeqCNELPA2022-132
Appendix C
Referenced Noise Level Field Sheets
PA2022-132
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address:City:Newport Beach Site No.:
20281 Riverside Drive
Sound Level Meter:Calibration Record:Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial # A0520 Before 114.0/ 114.0/ 26.9/Temp: 66°
After 114.0/ 114.0/ 26.3/Windspeed: Light
Calibrator:Direction: --
LD-250 250 Before // /Skies: Clear
Serial # 1322 After // /Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
3:12 PM 3:18 PM 57.0 47.0 73.0 66.9 61.3 54.6 50.8
2:49 PM 3:02 PM 55.3 46.6 76.2 61.9 58.2 53.9 51.2
All measurements taken in this second round are WITH the dogs present in the yard. All
measurements were taken over a 5-minute period, with occasional pauses to allow for plane and
helicopter flyovers.Locations1
5
4
3
Field Sheet
1-2
Measurement taken 45' away from the rear façade of the house, and 10' away from the northern property line/wall.
There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation.
Measurement taken 22' away from the rear façade of the house, and 10' away from the southern property line/wall.
There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation.
Meter Settings:
⌧ A-WTD LINEAR ⌧ SLOW 1/1 OCT ⌧ INTERVALS ___5____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT ⌧ LN PERCENTILE VALUES
2
Newport Tails Kennel Acoustical Study
PA2022-132
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.:
47.0
Field Sheet - ST1 Location Photos
1
Newport Tails Kennel Acoustical Study
PA2022-132
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.:
47.0
Field Sheet - ST2 Location Photos
Newport Tails Kennel Acoustical Study
2
PA2022-132
Appendix D
Stationary Noise Calculation Worksheets
PA2022-132
NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108
PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1
SOURCE:Dog Kennel DATE: 21‐Oct‐21
LOCATION:Nearest Adjacent Property Line (Cut‐1)BY:D. Shivaiah
NOISE INPUT DATA
OBS DIST= 17.0
DT WALL=16.0
DT W/OB= 1.0
HTH WALL=6.0 ********
BARRIER =0.0 (0=WALL,1=BERM)
OBS HTH=2.0
NOISE HTH=2.0 BARRIER+
OBS EL =0.0 TOPO SHIELDING = ‐13.90
NOISE EL =0.0 NOISE HTH EL= 2.0
DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE)
COFF
DIST (FT) Leq Lmax L2 L8 L25 L50
REF LEVEL 3 89.7
PROJ LEVEL 17 82.2 ‐7.5 ‐7.5 ‐7.5 ‐7.5 ‐7.5
SHIELDING 17 ‐13.9 ‐13.9 ‐13.9 ‐13.9 ‐13.9 ‐13.9
ADJ LEVEL 17 68.3 ‐21.4 ‐21.4 ‐21.4 ‐21.4 ‐21.4
NOISE LEVEL REDUCTION DUE TO DISTANCE =‐7.53327667
NOISE OUTPUT DATA (dBA)
PA2022-132
NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108
PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1
SOURCE:Dog Kennel DATE: 21‐Oct‐21
LOCATION:Nearest Adjacent Property Line (Cut‐2)BY:D. Shivaiah
NOISE INPUT DATA
OBS DIST= 26.0
DT WALL=21.0
DT W/OB= 5.0
HTH WALL=6.0 ********
BARRIER =0.0 (0=WALL,1=BERM)
OBS HTH=5.0
NOISE HTH=2.0 BARRIER+
OBS EL =0.0 TOPO SHIELDING = ‐7.40
NOISE EL =0.0 NOISE HTH EL= 2.0
DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE)
COFF
DIST (FT) Leq Lmax L2 L8 L25 L50
REF LEVEL 1 68.3
PROJ LEVEL 26 54.2 ‐14.1 ‐14.1 ‐14.1 ‐14.1 ‐14.1
SHIELDING 26 ‐7.4 ‐7.4 ‐7.4 ‐7.4 ‐7.4 ‐7.4
ADJ LEVEL 26 46.8 ‐21.5 ‐21.5 ‐21.5 ‐21.5 ‐21.5
NOISE LEVEL REDUCTION DUE TO DISTANCE = ‐14.1497335
NOISE OUTPUT DATA (dBA)
PA2022-132
NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108
PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1
SOURCE:Play Area DATE: 21‐Oct‐21
LOCATION:Nearest Adjacent Property Line BY:D. Shivaiah
NOISE INPUT DATA
OBS DIST= 10.0
DT WALL=5.0
DT W/OB= 5.0
HTH WALL=6.0 ********
BARRIER =0.0 (0=WALL,1=BERM)
OBS HTH=5.0
NOISE HTH=2.0 BARRIER+
OBS EL =0.0 TOPO SHIELDING = ‐10.20
NOISE EL =0.0 NOISE HTH EL= 2.0
DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE)
COFF
DIST (FT) Leq Lmax L2 L8 L25 L50
REF LEVEL 20 57.0
PROJ LEVEL 10 60.0 3.0 3.0 3.0 3.0 3.0
SHIELDING 10 ‐10.2 ‐10.2 ‐10.2 ‐10.2 ‐10.2 ‐10.2
ADJ LEVEL 10 49.8 ‐7.2 ‐7.2 ‐7.2 ‐7.2 ‐7.2
NOISE LEVEL REDUCTION DUE TO DISTANCE =3.01029996
NOISE OUTPUT DATA (dBA)
PA2022-132
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page 1 of 16
Updated - PRELIMINARY REPORT
Title Contact Information:
WFG National Title Company of California
500 Technology Drive, Suite 100
Irvine, CA 92618
Phone: (949) 430-3705
E-mail: RWalker@wfgtitle.com
Title Officer: Rizza Walker
Greg Velastegui
Voit Real Estate Services
2020 Main Street Suite 100
Irvine, CA 92614
Order No.: 22-365591
Property Address:
1662 Orchard Drive
Newport Beach, CA 92660
APN: 439-251-09, 439-251-10, 439-251-08
In response to the above referenced application for a policy of title insurance, WFG National Title Insurance 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 of
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien, or encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Exhibit One attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is
less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Exhibit One. Copies of the policy forms should be read. They are available from the
office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 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. 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 form of policy or policies of title insurance contemplated by this report is/are:
ALTA® Homeowner's Policy (12-02-13)
ALTA® Ext Loan Policy (06-17-06)
Issued by WFG National Title Insurance Company
Dated as of: May 4, 2022 at 7:30 am
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Hunt Enterprises Coastal LLC, a California limited liability company
view image
The land referred to in this report is situated in the State of California, County of Orange, and is described as follows:
SEE ATTACHED EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
PA2022-132
Order No.: 22-365591
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page 2 of 16
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN 439-251-09
THAT PORTION OF LOT 18 OF TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 18, DISTANT NORTH 50° 09' 45"
WEST, 70 FEET FROM THE EASTERLY CORNER OF SAID LOT 18, SAID POINT OF BEGINNING BEING
THE NORTHERLY CORNER OF LAND, DESCRIBED AS PARCEL 1 IN DEED TO FORREST LEO
RICHARDSON AND WIFE, RECORDED JUNE 2, 1952 IN BOOK 2337, PAGE 52 OF OFFICIAL RECORDS;
THENCE SOUTH 39° 50' 40" WEST 165 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 TO
THE NORTHEASTERLY LINE OF LAND DESCRIBED AS PARCEL 2 IN SAID DEED TO FORREST LEO
RICHARDSON; THENCE NORTH 50° 09' 45" WEST ALONG SAID NORTHEASTERLY LINE, 65.09 FEET TO
THE SOUTHEASTERLY LINE OF RIVERSIDE DRIVE, 60 FEET WIDE, AS SHOWN ON A MAP OF TRACT NO.
2581, AS PER MAP RECORDED IN BOOK 77, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY; THENCE NORTH 39° 50' 40" EAST ALONG SAID SOUTHEASTERLY LINE, 165 FEET TO
THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 50° 09' 45" EAST ALONG SAID NORTHEASTERLY
LINE 65.09 FEET TO THE POINT OF BEGINNING.
PARCEL 2: APN 439-251-10
THE SOUTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 70 FEET OF THE NORTHEASTERLY 165
FEET OF LOT 18 OF TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:APN 439-251-08
THE SOUTHWESTERLY 67.00 FEET OF THE NORTHEASTERLY 232.00 FEET OF THE SOUTHEASTERLY
HALF OF LOT 18, TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, A PORTION OF SAID LAND BEING INCLUDED WITH
RIVERSIDE DRIVE, AS PER MAP RECORDED IN BOOK 77, PAGE 15 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 439-251-09, 439-251-10, 439-251-08
PA2022-132
Order No.: 22-365591
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page 3 of 16
At the date hereof exception to coverage in addition to the printed Exceptions and Exclusions in said policy form
would be as follows:
1a. General and special taxes and assessments for the fiscal year 2022-2023, a lien not yet due or payable.
1b. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2021 - 2022:
1st Installment:$1,536.97, Paid
2nd Installment:$1,536.97, Paid
APN.:439-251-08
Code Area:07-114
Said matter affects: Parcel 3
1c. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2021-2022:
1st Installment:$454.94, Paid
2nd Installment:$454.94, Paid
APN.:439-251-09
Code Area:07-114
Said matter affects: Parcel 1
1d. General and Special City and/or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2021-2022:
1st Installment:$42.96, Paid
2nd Installment:$42.96, Paid
APN.:439-251-10
Code Area:07-114
Said matter affects Parcel 2
1e. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of
the California Revenue and Taxation Code.
1f. Assessments, for community facility districts, if any, affecting said land which may exist by virtue of
assessment maps or notices filed by said districts.
1g. The liens of bonds and assessments liens, if applicable, collected with the general and special taxes.
2. Water rights, claims or title to water, whether or not shown by the public records.
3. Covenants, conditions, restrictions and easements in the document recorded in Book 437, Page 231 of
Deeds.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat nor render
invalid the lien of any mortgage or deed of trust made in good faith and for value.
Document(s) declaring modifications thereof recorded on June 21, 1960 in Book 5296, Page 239 of
Official Records.
4. An easement for right of way for water pipe lines, ditches or other water conduits and rights incidental
thereto, granted to Santa Ana Heighs Water Company, a corporation, as set forth in a document
recorded on January 31, 1927 in Book 9, Page 416 of Official Records.
Reference is hereby made to said document for full particulars.
PA2022-132
Order No.: 22-365591
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page 4 of 16
5. Easements, Covenants and Conditions contained in the deed from Title Guarantee and Trust Company,
a California Corporation, as Grantor, to J. W. Metcalf and Marion E. Metcalf, husband and wife as joint
tenants, as Grantee, recorded on October 19, 1927 in Book 95, Page 104 of Official Records.
Said matter affects: Parcel 2
Reference is hereby made to said document for full particulars.
6. Easements, Covenants and Conditions contained in the deed from Title Guarantee and Trust Company,
a California Corporation, as Grantor, to Marguerite L. Bell, a married woman, as Grantee, recorded on
October 19, 1927 in Book 95, Page 105 of Official Records.
Said matter affects: Parcel 2
Reference is hereby made to said document for full particulars.
7. An easement for road and rights incidental thereto, as set forth in a document recorded on June 2, 1952,
in Book 2337, Page 52 of Official Records.
Reference is hereby made to said document for full particulars.
8. An easement for either or both pole lines, conduits and rights incidental thereto, as set forth in a
document recorded on October 13, 1955 in Book 3245, Page 527 of Official Records.
Reference is hereby made to said document for full particulars.
9. The terms, conditions and provisions contained in the document entitled "Santa Ana Heights Specific
Plan, County of Orange Environmental Management Agency", recorded on May 4, 1990 as Instrument
No. 90-235869, Official Records.
Reference is hereby made to said document for full particulars.
10. The terms, conditions and provisions contained in the document entitled Memorandum of Cotract, dated
April 27, 1999, by and between Lester B. Hahs and Alice Hahs, husband and wife as joint tenants and
the County of Orange, recorded on May 7, 1999, as Instrument No. 19990336333, Official Records.
Said matter affects: Parcel 2
Reference is hereby made to said document for full particulars.
11. The terms, conditions and provisions contained in the document entitled Memorandum of Contract, dated
April 27, 1999, by and between Lester B. Hahs and Alice Hahs, husband and wife as joint tenants and
the County of Orange, recorded on May 7, 1999, as Instrument No. 19990336341, Official Records.
Said matter affects: Parcel 3
Reference is hereby made to said document for full particulars.
12. The effect of map purporting to show the land and other property, filed in Book 138, Page 28 to 32 of
Record of Surveys.
13. The terms, conditions and provisions contained in the document entitled "Grant of Avigation", recorded
on February 14, 2000 as Instrument No. 20000080471, Official Records.
Said matter affects: Parcels 1 and 2
Reference is hereby made to said document for full particulars.
PA2022-132
Order No.: 22-365591
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page 5 of 16
14. The terms, conditions and provisions contained in the document entitled "Grant of Avigation", recorded
on February 14, 2020, as Instrument No. 20000080476, Official Records.
Said matter affects: Parcel 3
Reference is hereby made to said document for full particulars.
15. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:$850,000.00
Dated:March 25, 2021
Trustor:Hunt Enterprises Coastal LLC
Trustee:First Santa Clara Corporation
Beneficiary:Bank of the West
Recorded:April 5, 2021
Instrument No.:2021000230464 of Official Records
Said matter affects: Parcels 1 and 2
16. An unrecorded lease dated March 4, 2021:
Disclosed by:Subordination Agreement - Lease
Lessor:Hunt Enterprises Coastal LLC
Lessee:O.C. Trained Canine, LLC
Lender:Bank of the West
Recorded:April 5, 2021
Instrument No.:2021000230465 of Official Records
Matters affecting the present interest of the lessor or lessee are not shown herein.
Said document provides that said Lease is subordinated to the Deed of Trust referred to as
Item #15, above.
Said matter affects: Parcels 1 and 2
17. An unrecorded lease March 4, 2021:
Disclosed by:Subordination Agreement - Lease
Lessor:Hunt Enterprises Coastal LLC
Lessee:O.C. Trained Canine, LLC
Lender:Bank of the West
Recorded:April 5, 2021
Instrument No.:2021000230467 of Official Records
Said document provides that said Lease is subordinated to the Deed of Trust referred to as
Item #15, above
Said matter affects: Parcels 1 and 2
18. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:$562,500.00
Dated:March 25, 2021
Trustor:First Santa Clara Corporation
Trustee:Bank of the West
Beneficiary:Hunt Enterprises Coastal LLC, a California limited liability company
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Page 6 of 16
Recorded:April 5, 2021
Instrument No.:2021000230555 of Official Records
Said matter affects: Parcel 3
19. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:$450,000.00
Dated:March 25, 2021
Trustor:Hunt Enterprises Coastal LLC, a California limited liability company
Trustee:First Santa Clara Corporation
Beneficiary:Bank of the West
Recorded:April 5, 2021
Instrument No.:2021000230557 of Official Records
Said matter affects: Parcel 3
Note: in connection therewith, the following:
Document Entitled:Substitution of Trustee and Full Reconveyance
Dated:July 28, 2021
Executed in the
Name of:Bank of the West
Recorded:August 5, 2021
Instrument No.:2021000493808
Returned to address:Corporation Service Company, P.O Box 3008, Tallahassee, FL
32315
Upon receipt of evidence satisfactory to this company that the indebtedness and/or obligations
secured by said deed of trust have been satisfied, we will supplement our report
accordingly.
20. An unrecorded lease dated March 25, 2021:
Disclosed by:Subordination Agreement - Lease
Lessor:Hunt Enterprises Coastal LLC
Lessee:O.C. Trained Canine, LLC
Lender:Bank of the West
Recorded:April 5, 2021
Instrument No.:20210002305558 of Official Records
Matters affecting the present interest of the lessor or lessee are not shown herein.
Said document provides that said Lease is subordinated to the Deed of Trust referred to as
Item #19, above.
Said matter affects: Parcel 3
21. Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing to secure
an indebtedness in the amount shown below, and any other obligations secured thereby:
Amount:$691,000.00
Dated:April 27, 2021
Trustor:Hunt Enterprises Coastal LLC
Trustee:Ticor Title Company of California
Beneficiary:CDC Small Business Finance
Recorded:May 5, 2021
Instrument No.:2021000300486 of Official Records
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Said matter affects: Parcels 1 and 2
According to the public records, the beneficial interest under said instrument was assigned:
Assignee:United States Small Business Administration
Recorded:May 5, 2021
Instrument No.:2021000300487 of Official Records
22. An unrecorded lease March 4, 2021:
Disclosed by: Subordination Agreement
Lessor:Hunt Enterprises Coastal LLC
Lessee:O.C. Trained Canine, LLC
Lender:CDC Small Business Finance
Recorded:May 5, 2021
Instrument No.:2021000300489 of Official Records
Matters affecting the present interest of the lessor or lessee are not shown herein.
Said document provides that said Lease is subordinated to the Deed of Trust referred to as
Item #21, above.
Said matter affects: Parcels 1 and 2
23. The terms, conditions and provisions contained in the document entitled, "Third Party Lender
Agreement" dated April 27, 2021, by and between Bank of the West ("Third Party Lender")
and CDC Small Business Finance ("CDC"), recorded May 5, 2021 as Instrument No.
2021000300490 of Official Records.
Said matter affects: Parcels 1 and 2
Reference is hereby made to said document for full particulars.
24. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:$458,000.00
Dated:April 27, 2021
Trustor:Hunt Enterprises Coastal LLC
Trustee:Ticor Title Company of California
Beneficiary:CDC Small Business Finance
Recorded:May 5, 2021
Instrument No.:2021000300503 of Official Records
Said matter affects: Parcel 3
According to the public records, the beneficial interest under said instrument was assigned:
Assignee:United States Small Business Administration
Recorded:May 5, 2021
Instrument No.:2021000300504, of Official Records.
25. An unrecorded lease March 4, 2021:
Disclosed by: Subordination Agreement
Lessor:Hunt Enterprises Coastal LLC
Lessee:O.C. Trained Canine, LLC
Lender:CDC Small Business Finance
Recorded:May 5, 2021
Instrument No.:2021000300506 of Official Records
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Matters affecting the present interest of the lessor or lessee are not shown herein.
Said document provides that said Lease is subordinated to the Deed of Trust referred to as
Item #24, above.
Said matter affects: Parcel 3
26. The terms, conditions and provisions contained in the document entitled, "Third Party Lender
Agreement" dated April 27, 2021, by and between Bank of the West ("Third Party Lender")
and CDC Small Business Finance ("CDC"), recorded May 5, 2021 as Instrument No.
2021000300507 of Official Records.
Said matter affects: Parcel 3
Reference is hereby made to said document for full particulars.
27. The transaction contemplated in connection with this report is subject to the review and approval of
the Company's Corporate Underwriting Department. The Company reserves the right to add additional
items or make further requirements after such review.
END OF EXCEPTIONS
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Page 9 of 16
REQUIREMENTS
Req. No. 1. Statements of information from all parties to the transaction are NOT required.
Req. No. 2. With respect to Hunt Enterprises Coastal LLC, a California limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles
of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document
or instrument executed by such limited liability company and presented for recordation by
the Company or upon which the Company is asked to rely, that such document or
instrument be executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such document must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board,
the president or any vice president, and any secretary, assistant secretary, the chief
financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers
identified in the articles of organization and/or duly elected pursuant to the terms of a
written operating agreement, such document must be executed by at least two such
managers or by one manager if the limited liability company properly operates with the
existence of only one manager.
e. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
Req. No. 3. Determination of whether reporting is required under any applicable U.S. Department of
Treasury FINCEN Geographic Targeting Order (GTO) and, if reporting under the GTO is
required, providing to the Company the information and identity documents required to comply
with the GTO and complete the report.
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Page 10 of 16
NOTES
This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent
transfers of easements, and similar matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
Note 1: If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated
methods of deposit should be discussed with the escrow officer.
Note 2: No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
Note 3: Special recordings: Due to a severe budget shortfall, many county recorders have announced that
severe limitations will be placed on the acceptance of "special recordings."
Note 4: Homeowners association: if the property herein described is subject to membership in a homeowners
association, it will become necessary that we be furnished a written statement from the said
homeowners association of which said property is a member, which provides that all liens, charges
and/or assessments levied on said land have been paid. Said statement should provide clearance up
to and including the time of closing. In order to avoid unnecessary delays at the time of closing, we
ask that you obtain and forward said statement at your earliest convenience.
Note 5: Demands: This Company requires that all beneficiary demands be current at the time of closing. If the
demand has expired and a current demand cannot be obtained it may be necessary to hold money
whether payoff is made based on verbal figures or an expired demand.
Note 6: Line of credit payoffs: If any deed of trust herein secures a line of credit, we will require that the
account be frozen and closed and no additional advances be made to the borrower. If the beneficiary
is unwilling to freeze the account, we will require you submit to us all unused checks, debit vouchers,
and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating
that no additional advances will be made under the credit line. If neither of the above is possible, it will
be necessary to hold any difference between the demand balance and the maximum available credit.
Note 7: Maps: The map attached hereto may or may not be a survey of the land depicted thereon. You should
not rely upon it for any purpose other than orientation to the general location of the parcel or parcels
depicted. WFG National Title Company of California expressly disclaims any liability for alleged loss
or damages which may result from reliance upon this map.
Note 8: In the event of cancellation or if the transaction has not closed within 90 days from the date hereof,
the rate imposed and collectable shall be a minimum of $360.00, pursuant to Section 12404 of the
Insurance code, unless other provisions are made.
Note 9: A Preliminary Change of Ownership Report (PCOR) must be filed with each conveyance in the
County Recorder’s office for the county where the property is located. If a document evidencing a
change in ownership is presented to the Recorder for recordation without the concurrent filing of a
PCOR, the Recorder may charge an additional recording fee of twenty dollars ($20). State law also
provides for a penalty of be levied if the Change of Ownership Report is not returned to the Assessor
within a timely filing period. The penalty for failure to file a Change in Ownership Statement is $100 or
10% of the new tax bill, whichever is greater, but not to exceed $2,500.
Note 10: As to any and all covenants and restrictions set forth herein, the following is added: “but omitting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on race,
color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic
information, gender, gender identity, gender expression, marital status, source of income (as defined
in subdivision (p) of Section 12955), or ancestry, that restriction violates state and federal fair housing
laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code, to the
extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States
Codes or Section 12955 of the California Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status.”
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Page 11 of 16
Note 11: Due to current conflicts or potential conflicts between state and federal law, which conflicts may
extend to local law, regarding marijuana, if the transaction to be insured involves property which is
currently used or is to be used in connection with a marijuana enterprise, including but not limited to
the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products
containing marijuana, the Company declines to close or insure the transaction, and this Preliminary
Title Report shall automatically be considered null and void and of no force and effect.
Note 12: This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with CLTA Endorsement forms 100, 116 or 116.01
and if applicable, 115 and 116.02 attached.
When issued, the CLTA endorsement form 116, 116.01 or 116.02, if applicable will reference
Single Family Residence
known as
1662 Orchard Drive, City of Newport Beach, County of Orange, California
Note 13: The only conveyances affecting said land which recorded within twenty-four (24) months of the date
of this report are:
Grant Deed
Grantor(s): Angela Thomas, Successor Trustee of The Alice A. Hahs Revocable Living Trust dated
June 29, 2007
Grantee(s): Hunt Enterprises Coastal LLC, a California limited liability company
Recorded Date: April 5, 2021
Recording No: (instrument) 2021000230463, of Official Records
Grant Deed
Grantor(s): Angela Thomas, Successor Trustee of The Alice A. Hahs Revocable Living Trust dated
June 29, 2007
Grantee(s): Hunt Enterprises Coastal LLC, a California limited liability company
Recorded Date: April 5, 2021
Recording No: (instrument) 2021000230554, of Official Records
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Page 12 of 16
Exhibit One (Rev. 06-15-14)
CLTA STANDARD COVERAGE POLICY—1990 (4-8-14)
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 which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are 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.
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Page 13 of 16
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets,
alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum
DollarLimit of Liability
Covered Risk 16:1% of Policy Amount Shown in Schedule A or $2,500 $10,000.00
(whichever is less)
Covered Risk 18:1% of Policy Amount Shown in Schedule A or $5,000 $25,000.00
(whichever is less)
Covered Risk 19:1% of Policy Amount Shown in Schedule A or $5,000 $25,000.00
(whichever is less)
Covered Risk 21:1% of Policy Amount Shown in Schedule A of $2,500 $ 5,000.00
(whichever is less)
2006 ALTA LOAN 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 which arise by reason of:
1. (a) Any law, ordinance 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.
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Page 14 of 16
(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 the Insured to comply with applicable
doing-business laws of the state in which 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, 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:
PART 1
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records;
(b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against
loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06/17/06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance 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;
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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 which arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records;
(b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here.
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ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses 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.
PA2022-132
STATEMENT OF INFORMATION
CONFIDENTIAL - TO BE USED ONLY IN CONNECTION WITH ORDER NO: 22-365591, ESCROW NO.: 22-365591AND
PROPERTY ADDRESS: 1662 ORCHARD DRIVE, NEWPORT BEACH, CA 92660
1. IMPROVEMENTS: NONE/VACANT LAND SINGLE RESIDENCE MULTIPLE RESIDENCE COMMERICAL
2. OCCUPIED BY: OWNER TENANTS
3. CONSTRUCTION WITHIN LAST 6 MONTHS? YES NO
IF YES, INDICATE WORK DONE:
PARTY 1
FIRST MIDDLE NONE LAST
FORMER LAST NAME(S), IF ANY
BIRTHPLACE BIRTH DATE
SOCIAL SECURITY NUMBER DRIVER’S LICENSE
NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER
PARTY 2
FIRST MIDDLE NONE LAST
FORMER LAST NAME(S), IF ANY
BIRTHPLACE BIRTH DATE
SOCIAL SECURITY NUMBER DRIVER’S LICENSE
NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER
MARRIAGE
SINGLE MARRIED UNMARRIED DATE OF MARRIAGE/DIVORCE:
PARTY 1
RESIDENCES FOR LAST 10 YEARS
ADDRESS CITY STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
OCCUPATIONS FOR LAST 10 YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
PARTY 2 RESIDENCES FOR LAST 10 YEARS
ADDRESS CITY STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
OCCUPATIONS FOR LAST 10 YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
THE UNDERSIGNED DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT.
EXECUTED ON (DATE), AT (CITY).
BY BY
HOME TELEPHONE: HOME TELEPHONE
BUSINESS TELEPHONE BUSINESS TELEPHONE
EMAIL __________________________________________________ EMAIL___________________________________________________
PA2022-132
Disclosure to Consumer of Available Discounts
Pursuant to California Code of Regulations Section 2355.3
In compliance with Section 2355.3 of the California Code of Regulations, if the current transaction involves an
improved, one-to-four family, residential dwelling, the proposed insured may be entitled to certain cost
reductions and/or discounts in their title insurance premiums and/or settlement service charges, pursuant to the
programs listed below, and as further described in the Company’s current Schedule of Rates and Rules for the
State of California, currently on file with the California Department of Insurance. The reductions and/or discounts
available are:
Electronic Commerce Expedited/Electronic Refinance Rates
Group Title Discount Program Lender Special Rates 1, 2, 3
First Time Buyer(s)Limited Escrow Rates
Senior Citizen Rate Home Equity Escrow Rate
U.S. Military Rate REO Escrow Rate
Consumer Direct Rates Group Rate Escrow Discount
Disaster Loans
Application of the Reductions and/or Discounts listed above shall be governed by the rules and requirements set
forth in the Schedule of Rates and Rules on file in the office of the California Insurance Commissioner. Multiple
programs may or may not be applied. Pursuant to the above referenced California Code of Regulations Section,
neither provision nor acceptance of this form shall constitute a waiver of the consumer's right to be charged the
filed rate.
With the receipt of the Preliminary Report to which this Disclosure Form is attached, the proposed insured
acknowledges that they have been notified that they may be entitled to certain cost reductions and/or discounts,
as listed above and as more particularly described in the Company’s Schedule of Rates and Rules, currently on
file in the office of the Insurance Commissioner of the State of California.
PA2022-132
Plain English Privacy Statement
for Appraisal, Title & Escrow Customers
WFG believes it is important to protect your privacy and confidences. We recognize and respect the privacy expectations
of our customers. We believe that making you aware of how we collect information about you, how we use that
information, and with whom we share that information will form the basis for a relationship of trust between us. This
Privacy Policy provides that explanation. We reserve the right to change this Privacy Policy from time to time.
Williston Financial Group, LLC, WFG National Title Insurance Co. and each of the affiliates listed below (collectively
“WFG” or the “WFG Family”) are obligated to comply with Federal and state privacy laws. While there are some common
requirements to those laws, the definitions and duties differ significantly from law-to-law and state-to-state. A privacy
statement drafted to comply with all of the applicable privacy laws and their differing definitions would likely be confusing.
Therefore, in an attempt to better communicate our privacy policies, WFG designed this “Plain English” explanation,
followed by the Gramm-Leach-Bliley Act model form and website links to State-Specific Privacy Notices in order to
provide you with the complete, legal privacy notices and disclosures required under Federal and applicable State Laws.
WFG’s primary business is providing appraisal, title insurance and, escrow services for the sale or refinance of real
property. This can be a complicated process, involving multiple parties, many of whom have been selected by our
customers, each filling a specialized role. In part, you have hired WFG to coordinate and smooth the passage of the
information necessary for an efficient settlement or closing.
In the course of this process, WFG collects a significant amount of personal and identifying information about the parties
to a transaction, including sensitive items that include but are not limited to: your contact information including email
addresses, Social Security numbers, driver’s license and, other identification numbers and information; financial, bank
and insurance information; information about past and proposed mortgages and loans; about properties you currently or
previously owned; your mortgage application package; and the cookie, IP address, and other information captured
automatically by computer systems.
Much of this information is gathered from searches of public land records, tax, court and credit records to make certain
that any liens, challenges, or title defects are addressed properly. Some of the information that is collected is provided by
you, or the computer systems you use. We also may receive information from real estate brokers and agents, mortgage
brokers and, others working to facilitate your transaction. We also may receive information from public, private or
governmental databases including credit bureaus, ‘no-fly’ lists, and terrorist ‘watch lists’ , as well as from your lenders and
credit bureaus.
What Information is Shared?
WFG DOES NOT SELL any of your information to non-affiliated companies for marketing or any other purpose.
However, some of the same information does get shared with persons inside and outside the WFG Family in order to
facilitate and complete your transaction.
For example:
Information, draft documents, and closing costs will pass back and forth between WFG and
your mortgage broker and lender to facilitate your transaction.
Information, including purchase agreements and amendments, will pass back and forth
between WFG and the real estate agents and brokers, the mortgage brokers and lenders, the
lawyers and accountants, and others involved in facilitating the transaction.
WFG may order property searches and examinations from title searchers, abstractors and title
plants.
WFG may use third parties to obtain tax information, lien information, payoff information,
condominium and, homeowners’ association information and payoff information.
Third parties may be engaged to prepare documents in connection with your transaction.
Surveys, appraisals and, inspections may be ordered.
PA2022-132
Within the WFG Family of companies, we may divide up the work to handle each closing in the
most efficient manner possible and to meet specific legal and licensing requirements. Certain
parts of your closing (for example a search or disbursement) may be handled by another
division or company within the WFG Family.
When it is time for signatures, your complete closing package may be sent to a notary, remote
online notary, or notary service company who will arrange to meet with you to sign documents.
The notary will, in turn, send signed copies back to us along with copies of your driver’s license
or other identity documents usually by mail, UPS, Federal Express or another courier service.
Your deed, mortgage and other documents required to perfect title will be recorded with the
local recorder of deeds.
In some cases, we use an outside service to coordinate the recording or electronic-recording
of those instruments, and they will receive copies of your deeds, mortgages and other
recordable documents to process, scan and send on to the recording office.
Various government agencies get involved. The law requires us to provide certain information
to the IRS, the US Treasury, local and state tax authorities and other governmental agencies.
You have a choice in the selection of a mortgage broker, lender, real estate broker or agent and others that make up your
‘transaction team.’ Information flows to and from the members of the transaction team you have selected to facilitate an
efficient transaction for you.
When WFG selects and engages a third-party provider, we limit the scope of the information shared with that third party to
the information reasonably necessary for that service provider to provide the requested services. With most, we have
entered into express agreements in which they expressly commit to maintain a WFG customer’s information in strict
confidence and use the information only for purposes of providing the requested services, clearing title, preventing fraud
and addressing claims under our title insurance policies.
How does WFG use your Information?
We may use your personal information in a variety of ways, including but not limited to:
Provide the products, services and title insurance you have requested and to close and
facilitate your transaction.
Coordinate and manage the appraisal process.
Handle a claim or provide other services relating to your title insurance policies.
Create and manage your account.
Operate and improve WFG’s applications and websites, including WFG MyHome®, WFG’s
secure communication and transaction portal. Your information is used for access
management, payment processing, site administration, internal operations, troubleshooting,
data analysis, testing, research, and for statistical purposes.
Respond to your requests, feedback, or inquiries.
Comply with laws, regulations, and other legal requirements.
Comply with relevant industry standards and our policies, including managing WFG’s risk
profile through reinsurance.
Protect and enforce your rights and the rights of other users against unlawful activity, including
identity theft and fraud.
Protect and enforce our collective rights arising under any agreements entered into between
WFG and you or any other third party;
Protect the integrity and maintain security of our applications, websites, and products;
Operate, evaluate, and improve our business; and
Provide you with information about products, services, and promotions, from WFG or third
parties that may interest you.
How Do We Store and Protect Your Personal Information?
Although no system can guarantee the complete security of your personal information, we will use our best efforts to
maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to
protect your personal information and our systems and sites from malicious intrusions or hacking.
PA2022-132
How Long Do We Keep Your Personal Information?
We keep your personal information for as long as necessary to comply with the purpose for which it was collected, our
business needs, and our legal and regulatory obligations. We may store some personal information indefinitely. If we
dispose of your personal information, we will do so in a way that is secure and appropriate to the nature of the information
subject to disposal.
Computer Information
When you access a WFG website, or communicate with us by e-mail, we may automatically collect and store more
information than you are expressly providing when you fill out a survey or send an email. This may include:
•Your IP Address.
•Your email address, your alias and, social media handles.
•The type of browser and operating system you use.
•The time of your visit.
•The pages of our site you visit.
•Cookies.
In order to provide you with customized service, we make use of Web browser cookies. Cookies are files that help us
identify your computer and personalize your online experience. You may disable cookies on your computer, but you may
not be able to download online documents or access certain sites unless cookies are enabled.
The technical information we collect is used for administrative and technical purposes and to prevent fraud and provide
identity verification. For instance, we may use it to count the number of visitors to our site and determine the most popular
pages. We may also use it to review types of technology you are using, determine which link brought you to our Web site,
assess how our advertisements on other sites are working, help with maintenance, and improve our customers’
experience.
We may compare information gathered on previous visits to verify that we are interacting with the same parties and not a
potential imposter.
If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes
indicated in those forms or surveys.
The information you and your transaction team send us in emails or attached to an email, or provide through any of our
online tools, is used for purposes of providing title, escrow and appraisal management services and used for the purposes
described above.
Links to Third Party Sites
Our Applications and Websites may contain links to third-party websites and services. Please note that these links are
provided for your convenience and information, and the websites and services may operate independently from us and
have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to WFG’s
applications and websites only.
Do Not Track
Because there is not an industry-standard process or defined criteria to permit a user to opt-out of tracking their online
activities (Do Not Track or DNT), our websites do not currently change the way they operate based upon detection of a
"Do Not Track" or similar signal. Likewise, we cannot assure that third parties are not able to collect information about
your online activities on WFG websites or applications.
Social Media Integration
Our applications, websites, and products contain links to and from social media platforms. You may choose to connect to
us through a social media platform, such as Facebook, Twitter, Google, etc. When you do, we may collect additional
information from or about you, such as your screen names, profile picture, contact information, contact list, and the profile
pictures of your contacts, through the social media platform. The social media platforms may also collect information from
you.
When you click on a social plug-in, such as Facebook's "Like" button, Twitter's "tweet" button or the Google+, that
particular social network's plugin will be activated and your browser will directly connect to that provider's servers. Your
action in clicking on the social plug-in causes information to be passed to the social media platform.
PA2022-132
We do not have control over the collection, use and sharing practices of social media platforms. We, therefore, encourage
you to review their usage and disclosure policies and practices, including their data security practices, before using social
media platforms.
How Can You “Opt-Out?”
We do not sell your information; therefore there is no need to opt-out of such reselling. Under various laws, you can opt-
out of the sharing of your information for more narrow purposes. For additional detail, consult the Links under the “Legal”
Notices attached below.
The “Legal” Notices
To comply with various federal and state laws, we are required to provide more complete legal notices and disclosures. In
reviewing these, you will find that these notices incorporate the definitions and terminology used in the respective privacy
laws which can often be somewhat convoluted and may even seem inconsistent with the descriptions above. The state-
specific statutes may also give residents of those states additional rights and remedies.
Privacy Notice for California Residents - https://national.wfgnationaltitle.com/privacy-notice-california
Privacy Notice for Oregon Residents - https://national.wfgnationaltitle.com/privacy-notice-oregon
How to Contact Us
If you have any questions about WFG’s privacy policy or how we protect your information, please contact WFG:
• By email: Consumerprivacy@willistonfinancial.com
• By telephone: 833-451-5718
• By fax: 503-974-9596
• By mail: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223
• In-person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223
WFG FAMILY
WILLISTON FINANCIAL GROUP LLC
WFG NATIONAL TITLE INSURANCE COMPANY
WFG LENDER SERVICES, LLC
WFGLS TITLE AGENCY OF UTAH, LLC
WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC
WFG NATIONAL TITLE COMPANY OF CALIFORNIA
WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY
UNIVERSAL TITLE PARTNERS, LLC
VALUTRUST SOLUTIONS, LLC
WILLISTON ENTERPRISE SOLUTIONS & TECHNOLOGY, LLC
WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/B/A WFG NATIONAL TITLE
Revised 6.12.20
PA2022-132
Rev. 12/2019
FACTS WHAT DOES WILLISTON FINANCIAL GROUP DO
WITH YOUR PERSONAL INFORMATION?
Why?Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we
collect, share, and protect your personal information. Please read this notice carefully to understand
what we do.
What?The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
Social Security number and other government identification information
Your name, address, phone, and email
Information about the property, any liens and restrictions
Financial Information including credit history and other debt
Financial account information, including wire transfer instructions.
How?All financial companies need to share customers’ personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their customers’
personal information; the reasons Williston Financial Group chooses to share; and whether you can
limit this sharing.
Reasons we can share your personal information Does Williston Financial Group share?Can you limit this
sharing?
For our everyday business purposes—
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
Yes No
For our marketing purposes—
to offer our products and services to you
Yes No
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes—
information about your transactions and experiences
Yes No
For our affiliates’ everyday business purposes—
information about your creditworthiness
No We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
To limit
our sharing
Call 833-451-5718—our menu will prompt you through your choice(s)
Visit us online: http://bit.ly/WFGsConsumerPrivacyInformationRequestPage or e-mailing us
at consumerprivacy@willistonfinancial.com
Mail the form below
Please note:
If you are a new customer, we can begin sharing your information from the date we sent this notice.
When you are no longer our customer, we continue to share your information as described in this
notice.
However, you can contact us at any time to limit our sharing.
Questions?Call 833-451-5718 or Email consumerprivacy@willistonfinancial.com
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --
Mail-In Form
Mark any/all you want to limit:
[ ] Do not share information about my creditworthiness with your affiliates for their everyday
business purposes.
[ ] Do not allow your affiliates to use my personal information to market to me.
[ ] Do not share my personal information with nonaffiliates to market their products and services to
me.
Name
Address
City, State, Zip
If you have a joint
policy, your choices
will apply to
everyone on your
account.
File Number
Mail to:
Williston Financial
Group
PRIVACY DEPT
12909 SW 68th Pkwy,
#350
Portland, OR 97223
PA2022-132
Page 2
Who we are
Who is providing this notice Williston Financial Group, LLC and its affiliates and subsidiaries as
listed below:
What we do
How does Williston Financial Group protect my
personal information?
To protect your personal information from unauthorized access and
use, we use security measures that comply with federal law. These
measures include computer safeguards and secured files and
buildings. We limit access to your information to employees that
need to use the information to process or protect transaction. We
take industry standard (IPSEC) measures to protect against
malicious intrusions or hacking
How does Williston Financial Group collect my
personal information?
We collect your personal information, for example, when you
Apply for insurance
Engage us to provide appraisal, title and escrow services
Give us your contact information
Provide your mortgage information
Show your driver’s license
We also collect your personal information from others, such as real
estate agents and brokers, mortgage brokers, lenders, credit
bureaus, affiliates, and others
Why can’t I limit all sharing?Federal law gives you the right to limit only
sharing for affiliates’ everyday business purposes—
information about your creditworthiness
affiliates from using your information to market to you
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights
to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I
hold jointly with someone else?
Your choices will apply to everyone on your policy.
Definitions
Affiliates Companies related by common ownership or control. They can be
financial and nonfinancial companies.
Our affiliates include companies with a common corporate identity,
including those listed below.
Nonaffiliates Companies not related by common ownership or control. They can
be financial and nonfinancial companies.
Nonaffilliates we share with can include real estate agents and
brokers, mortgage brokers, lenders, appraisers, abstractors and title
searchers and others as appropriate to facilitate your transaction.
Joint marketing A formal agreement between nonaffiliated financial companies that
together market financial products or services to you.
Williston Financial Group does not jointly market.
Other important information
As a resident or citizen of certain states, we may have to provide additional state specific privacy notices and you may have
rights other than as set forth above. The links below will provide state specific information:
Privacy Notice for California Residents - https://national.wfgnationaltitle.com/privacy-notice-california
Privacy Notice for Oregon Residents - https://national.wfgnationaltitle.com/privacy-notice-oregon
PA2022-132