HomeMy WebLinkAboutSDP 2023-0027; LE PAPAGAYO; Site Development Plan (SDP)(City of Carlsbad LAND USE REVIEW APPLICATION P-1 Develo1.unent Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov ~Cl § SUBMITTAL INFORMATION -ALL APPLICATIONS NAME OF PROJECT: -~Le_P.ca~pa~g~a~y.co ____________ ~------------- Existing restaurant and patio to remain. Proposing to keep the BRIEF SUMMARY OF PROJECT: Covit patio permanent as part of the restaurant. APPLICATIONS APPLIED FOR: Check the appropriate boxes for the application types for which you are applying. (CHECK ALL APPLICABLE BOXES) Develon.ment Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) Ix] Coastal Development Permit -:»f ?»r}~<t:f><, □ General Plan Amendment D Major [xi Minor □Map OText □ Conditional Use Permit □ Local Coastal Program Amendment D Major D Minor D Amend/Ext. 0Map Orext □ Day Care (Large) D Master Plan ONew D Amend/Ext. D New Plan D Amend □ D Specific Plan Environmental Impact Assessment D New Plan OAmend □ Habitat Management Permit D Zoning Change I D Major D Minor OMap D Text □ Hillside Development Permit Misc. Permits D Major D Minor D Amend/Ext. (FOR DEPT. USE ONLY) □ Nonconforming Construction Permit □ Planning Detennination D City Planner O PC Appeal □ Planned Development Permit 0 Historic Preservation 0 Residential D Non-Residential D Major 0 Minor D Amend D Register OMillsAcl □ Precise Development Plan □ Reasonable Accommodation Ix] Site Development Plan ,Wt.r/(J--Orfl::/ FOR CITY USE ONLY: u D Major ~ Minor DEV CASE ND.m/lD&Qi?.:7 REC. BY: E ~- □ Special Use Permit DATE STAMP APPLICATION RECEIVED - □ Tentative Parcel Map (Minor Subdivision) . .. □ Tentative Tract Map (Major Subdivision) SE? ~ 9 2a23 □ Variance .. . D Major D Minor NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE MADE BY APPOIN-MENT OR THROUGH T'-'E CSS ONLINE po--. L. P-1 Page 1 of5 Revised 07/23 AUTHORIATION, CONSENT, AND DISCLOSURE STATEMENT P-1(A) _D__~~vclup_(JJP:.nJ Servjr:c_s Plannlng Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov . llil • APPi.1~AcTio.N Afllti AcxwowLeoG~1111ewT 1wi:oRMAr19w • ' ' ' ' ' This submittal form (Part A through Part F} must be completed as part of your appflcation with the City of Carlsbad. Your project cannot be reviewed until this information is completed. PART A. Owner Authorization and Consent NOTE: This Consent and Disclosure Form must list the name of the pdnclpal owners {10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable, Provide name(s} of the person(s) authorized to sign on behalf of the organization. (A separate page may be attached if 11ecessary.) JF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NOT-APPL/CABLE (N/A) IN THE SPACE BELOW. This is to certify under penalty of perjury that the undersigned ls/are the record owner{s} of the property known as: Assessor's Map Book, Page and Parcel (APN/APNs): ________________ _ TR 775 BLK49'; PT 29 THRU 32 (203-304-26-00 and 203-304-31-00) ; and Street Address (if applicable): 660 Carlsbad VIiiage Drive that I/we {full legal name of all record owners) consent to the flllng of the land Use Review Application on our property for processing by the City of Carlsbad Plannlng Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the Information Is true and correct. Parker Famil Pro ertles LLC Name: _________________________ _ Signature: ________________________ _ Name: _________________________ _ Signature: ________________________ _ (For additional names, please use a separate sheet of paper) Page 1 of6 P-1(A) FOJm Rev 612023 IMPORTANT: A Grant Deed Is required if the ownership does not match city records. Ownership on the deed must correspond exactly with t/Je ownership listed. If the owner noted on the Grant Deed does not motc/J the person signing as Property Owner, provide paperwork documenting the person signing Is authorized to sign as a Property Owner. Whenever any excavation, flll, or other project-related improvement requires entry onto adjacent [lroperty for any reason, the Land Use Review Application shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall Include such consent with the appllcatlon package. The application wlll not be deemed complete unless and until all necessary consent documents are so filed. The consent shall be in a form acceptable to the City Planner, If the proposed improvements on the adjacent property change the nature of the property's development rights (or implied bundle of rights), the city might require recordatlon of a Covenant and Agreement for Offslte Improvements and Release of Liability as a condltlon of" project approval. Does the project's limits of disturbance encroach on property not owned by the Property Owner? □ Yes IX! No If yes, attach adjacent owner authorization. PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify under penalty of perjury that I have read the Information below and that: 1. I/We understand that It Is the responsibility of the Applicant to substantiate the request through the requirements of the application. 2. I/We understand that If there is a zonlng violatlon on the property, application review may be delayed. Any unpermitted structures or uses must either be removed or legallzed at part of this application. 3. I/We understand that if this application is approved, lfwe may be required to record a covenant with the County Recorder's Office, the form and content that ls satisfactory to the City and Its City Attorney, to notify future owners of the project approval and restrictions. 4. If this Land Use Review Application Is approved or condltlonally approved, I/we hereby certUy that I/we will comply with all conditions attached to the approval action, I/We understand that the failure to comply with any conditions shall constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided, 5. Prior to any use of the project site pursuant to the permit Issued, all conditions of approval (if Name(s): Kathryn Venezia the manner as stated or required, Date: 07.18.23 Page2of6 P-1(A) Form Rev 612023 PART C. Project Team Information (complete all applicable fields) Applicant: □ Same as Owner [jJ Different from Owner Name (if different from Owner): 0D=a~,r~in~C~a~m=p~b~e~l~I _________________ _ Company or Firm: DOA South Coast Highway LLC Contact Address: 347 Monarch Bay Drive City: Dana Point State, _C~A~ ________ Zip Code, 92629 Agent or Representative: □ Same as Applicant lxl Different from Applicant □ N/A Name (if different from Applicant): ~M~a=r~ia=H~a=lli~m~o=re~----------------- Company or Firm: Robinson Hill Architecture Contact Address: 3195 B Airport Loop City: Costa Mesa State, ~C=A~ ________ Zip Code, 92626 Other (specify Architect, Engineer, CEQA Consultant, etc.): _______________ _ Name:---------------------------------- Company or Firm: ______________________________ _ Contact Address: ------------------------------- City: ____________ State: ____________ Zip Code: _____ _ NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required 1] anyone other than the Property Owner signs the Land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact" Designation A single "point of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and receiving application materials, information, reports, etc. The point of contact is to be the single individual elected on the Land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the Land Use Review Application, Single Point of Contact: □ Applicant □ Property Owner □ Agent lXl Other Representative Page 3 of 6 P-1(A) Form Rev 6/2023 PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? □ Yes !xi No If yes, indicate person(s): ~------------------- NOTE: Attach additional sheets if necessary. PART F. Applicant Declarations (to be signed by Applicant) I hereby certify under penalty of perjury that I have read the information below and that: 1. I have carefully reviewed and prepared the application and plans in accordance with the instructions. 2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form's "Minimum Submittal Intake Requirements Checklist." \ also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in "Completeness Determination Requirements Checklist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4. I understand that once an application is determined to be complete, project or design changes that will increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review "clock" and extend processing timelines. 5. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do not exist between the project's description on the application, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. Page 4 of 6 P-1(A} Form Rev 6/2023 7. I understand that all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city's control. 8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 9. If the project is approved or conditionally approved, the approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may request permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. Page 5 of 6 P-1(A) Form Rev 612023 By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the application I am submitting, including all additional required Information, is complete and accurate to the best of my knowledge. I understand that any misstatement or omission of the requested informatlon or of any information subsequently requested might be grounds for rejecting the application, deeming the application Incomplete, denying the application, suspending or revoking a permit Issued on the basis of these or subsequent represen?7tatlons or for the seeking of such other and further relief as deemed by t~n! / Apphcant Signature:--~-"-= -=~~➔-;,,;>4=~~"-'--6-",M_C,,r----------------- Name: Darrin Campbell Date: 07.18.23 This form must be stapled/attached to the appllcation and shall be effective untif replaced or revoked in writing. Page 6 of 6 P~1{A) Form Rev 612023 \. ( II\ of AUTHORlATIOH, CONSENT, AND Carlsbad DJsetosuRE STATEMENT P· 1(AI ,......~ a.fltf/Wy._. - l,fl tlt. • .1,.; w_,._.....__.~ ... tiltt t,..,;.'"'--fl'Qf 1,rte ~J,. ~;,tl#wtTt ''" ... ..,...., • .,Wt.,~........... ,..,,.., ~ICtE~..,_,..<ffflt!). WHtfW..-.Jtll"Nt~~~Dfle<o.••••·.t l'ART A O-..l'IPJ .Autho:lllflon tnd CCI fl\l 4'011' ~ .. ~~~Jif'N~•· .~ ··•~p:.11111,n/f;ttl'a#•~Jt".,,, ...... .... ,..,...,f-•llfNO~IX~"'-'""-Vlo-.O-FHfl,IWq_) ,v.i.•:~N /1/tn _, NJ.,.-. 1,,t S,,ll'f ULO,I , ..... • \o <.robt• _.,, ~ ei ...-,,.,-,-~,11'l IJlc _...,~ II•• l"iot ,,_,,...i .. -.¥., •◄ U-e •"tll:wn·,,"°.-t > -I<... 77",-&,,r.'i'i~ fr Z.'1 11\,b '$v('Z-0$:¾i-i~~t,'c>) -2ci,~,$1~V) , ............. If ,. b"'iro eu, •. ,~ll ~.1L,, 1),,ft_~ -..... 1 ........ ,.,r-> cl .. ___ , ........ ~l,I ......... ..,.,,.,, .... ........ -.... ~-.... ,-.rc.,, ... t,t,_ -· v.1,-1r • .,,... ..... " .. -~·-:--•at ___ _ ( City of Carlsbad AUTHORIATION, CONSENT, AND DISCLOSURE STATEMENT P-1{A) Pttrft..,,c katu• ...... Dhlllall WSF•alayAw- &ll•JJ!l..2IOO --.~aov nits submittal farm (Part A through Part FJ must be complet11d as port of your applia,lkHI with the City of Carls bod. Your fJfO/ttt cannot be rmewrd untrl rhn Information is completrd. PART A. Owner Authorlution and COnlent Provide name{s} a/ the PffSon{s} authorlzlld to sign on beholf af the orponuatlon. (A :sepo,att pafll/ may be attached if '11/USSDry.} IF NO INOMDIJALS OIMV MORf THAN JO!I: OF THE SHARES, PLEASf INDICATE NOT-APPLICA8L£ (N/A/ IN THE SPACE eELOW. This Is to certify u~r pen.lty or perjury that the undersflned IJ/are tlw record awne,ts) of the property known u: Auessof's M~ Book. ~p and Pare.el (APN/APNS}: ______________ _ tR, 77,;-&d<'i'i; fT z._q fh,'\,\ 3Z<('Z-0'$-3o~ --Yt:@) :anct -~--~-~1-dV) s1re1t!Ad<hss(lfappbble): lq(oQ Co.vl!>bad \h\l af wr:-k !hat I/we (full legal naffll/ of aH 1'1/COrd owners) conSl!nl to thit lllin& or the land Use llevlew Applcatlon on our property for proces.slns bv thit City of cartsbad P11nnlnc Division. I/We declare under penalty of ~~~.-:;:~iR?- Namit: ______________________ _ Signature: _____________________ _ Name: ______________________ _ Signature: _____________________ _ (For additional names, ple1se use a sep1n1te slwet of paper} August 23, 2023 To Whom it May Concern, I, Kathryn Venezia, managing partner of Parker Family Properties, LLC., give Darrin Campbell authorization to act as applicant in regards to permitting the patio at 660 Carlsbad Village Drive, Carlsbad, CA 92008. Thank you, SE 0 2 9 2~23 ( City of Carlsbad PROJECT DESCRIPTION P-1(B) § APPLICATION INFORMATION Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov This submittal form (Part A and Part B) is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is important to ensure the timely review of your Land Use Review Application and to reduce repetitive review cycles. The following instructions detail the types of information to include in your written project description. These instructions are not exhaustive. More complex entitlement requests typically require more comprehensive information while less complex requests might require less information. The intent of this form is to provide guidance on what type of information to include in the written project description. Prior to submitting an entitlement application, review the entitlement-specific filing instructions for each application type, as well as instructions for preparing a complete site plan or tentative map, etc. A complete project description should include the following elements: ✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Applications applied for: Ust the various application types for which you are applying. Consult with the Planning Division to determine required application types needed to process your specific project. ✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are within the project boundary. Planning staff can assist you in determining the appropriate assessor parcel number(s). ✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots or units proposed, number of common area or open space lots, open space acreage, site access and proposed roadway and circulation improvements, parking location, design and number of spaces, existing utilities by type and location, proposed utilities by type and location, project grading with estimated quantities for cuts and fills, proposed drainage and storm water treatment improvements, project phasing, proposed square footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and other relevant information. Project descriptions for commercial \and uses should also include days and hours of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor amplified speech or music. Page 1 of 4 P-1 (B) Form Re~ 6.'2023 PART A. Project Summary Information NAME OF PROJECT: Le Papagayo --~~~--------------------------- APP LI CAT 10 N PERMIT TYPES REQUESTED: Coastal Development (Minor), Site Development Plan {Minor) ACCESSOR PARCEL NUMBERS: 203-304-26-00, 203-304-31-00 PROPERTY ADDRESS: 660 Carlsbad Village Dr Date: 08/07/2023 Fully describe the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. We currently have a temporary Covid Patio dining area of approx. 472 net sq. ft., and would like to maintain it permanent as part of the restaurant. I he patio will have the same hours for operations as the restaurant: Mon. -Sun.: Bam-11pm Page 2 of 4 P-l(B) Form Rev6/"202J PART B. Supplemental Information Denote whether the following items are applicable to the project or if any portion of the property located within any of the foffowing? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as necessary). Yes l. A very high fire hazard severity zone, as determined by the Department of Forestry □ and Fire Protection pursuant to Government Code§ 51178 for State Responsibility Areas; or any official local maps published pursuant to Government Code§ 51178 for Local Responsibility Areas. 2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part □ 660 FW 2 (June 21, 1993). 3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a □ hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code§ 253S6 of the Health and Safety Code. NOTE: Certification of compliance required on Form P-1([}. 4. A special flood hazard area subject to inundation by the 1 percent annual chance □ flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. s. A delineated earthquake fault zone as determined by the State Geologist in any □ official maps published by the State Geologist. 6. Any historic or cultural resources known to exist on the property. □ 7. The project requires any approvals under the Subdivision Map Act, such as a parcel □ map, a tentative map, or a condominium map. NOTE: If "yes," you may need to complete Form P-l(E) and Form P-l{F). 8. The project require a Density Bonus Approval. □ NOTE: If "yes," you must complete Forms P-l(H}. 9. The project site located within the Coastal Zone. IZl NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7. a. If "yes," does any portion of the property contain wetlands, as defined in Title D 14 of the California Code of Regulations§ 13577. No IZI IZl IZl Ix] l2SI □ Page 3 of 4 P-l(B) form Rev t,!2023 Yes No b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code§ 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. □ c. lf "yes," does any portion of the property contain a tsunami run-up zone or 0 mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along the coast. 10. The project impacts a stream or other resource that may be subject to a stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish and Game Code§ 1600. □ □ 11. Any portion of the property is subject to any recorded public easement, such as 0 easements for storm drains, water lines, and other public rights of way. [xi IX] IX] I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. Name: ___ M_a_r_ia_H_a_l_lim_o_r_e __________________ ~ This form must be stapled/attached to the application and shofl be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page 4 of 4 P-l(fl) Form Rev 6/2023 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Q_e J1_d2.P t.TTf rr_ t_ :~ery! r~5 Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Consultalion of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D The development project and any alternatives proposed ln !his application ere not contained on the lists compiled pursuant to Secllon 65962.5 of the State Government Code. [ID The development project and any alternatives proposed in lhls appllcatlon !fi!: contained on the lists complied pursuant to Section 65962, 5 of the Slate Government Code. APPLICANT Name: Darrin Campbell Address: 347 Monarch Bay Dr Dana Point, CA. 92629 Phone Number: 949.235.5982 Address of Sile: 660 Carlsbad Village Drive PROPERTY OWNER Name: Kathryn Venezia Address: 560 Highland Drive Danville, CA. 94526 Phone Number: 925,323,7519 Local Agency (City and county): Carlsbad, San Diego County Assessor's book, page, and parcel number: 203-304-26-00 and 203-304-31-00 specify llst(s): N/A -Scope is to make Temp. Covid patio dining area as a permanent patio as part of the restaurant. Regulatory Identification Number:.--""-"--------------------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Envlronmental Qua\lty Act requirements in providing information about the location of hazardous materials release sites, P·1(C) Page 1 of 2 Revised 3122 EIA INFORMATION FORM P-1(0) @ APPLICATION INFORMATION D_e 1te fop i11f?.lJ. t .5'?. rv ices Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part 8 is to be completed ONLY if further environmental review and documentation is required ((i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration). State law requires that environmental review be conducted and informatlon be made available before decisions are made and before actions are taken. Implementation of this law, called the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. (CEQA), requires the city to perform an environmental assessment of every project by way of a multi-step decision tree, First, the city must determine whether the proposed activity Is subject to CEQA. Second, assuming CEQA applies, the city must decide whether the activity qualifies for one of the exemptions that excuse otherwise covered activities from CEQA review. Finally, assuming no applicable exemption, the city must undertake full review and prepare an environmental document. To successfully navigate through the three tiers, the Applicant/Property Owner/Agent must work with the city to document the environmental assessment. BY SIGNING BLEOW, I/We that this form must be completed as part of the application and will be utillzed by the city to expedite the project application process. I/We hereby certify that the statements furnished in the attached Information and any exhibits attached hereto present the data and information required for this init!al evaluation to the best of my abillty, and that the facts, statements, and Information presented are true and correct to the best of my knowledge and belief. NAME OF PROJECT: -=L.:_e_:.P_:.a:,:p.:_a,,_ga"'y'--'o'------------------------ BRIEF SUMMARY OF PROJECT: Proposing to keep Temp. Covid Patio permanent. LOCATION: 660 Carlsbad Village Drive CONTACT: llil A~):Owner □ Agent Signature: ~AL Name: Darrin Campbell Date: 07.18.23 NOTE: Except where circumstances dictate a different processing timeline pursuant to state law, the city will formally begin the formal evaluation of the project after deeming the Land Use Review Application as complete and determining the project is subject to CEQA. Page 1 of 5 P-!(D) For111 Rev 6/2023 PART A. Requested Environmental Clearance (All Projects) 00 DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project. □ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application package is NOT a "project" as defined by CEQA (Public Resources Code§ 21065; CEQA Guidelines § 15378, Applicable Publlc Resource Code or CEQA Guidelines Sec,; ____________ _ □ EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent contemplating using a CEQA exemption should carefully review both the Public Resources Code and the State CEQA Guldelines to determine whether specific criteria apply that may or may not be applicable to their proposed project. To assist the city in assessing whether the proposed project is exempt from further review, the Applicant, Property Owner, or Agent may be asked to provide written explanation and substantiate the requested exemption (see below). D Ministerial. The requested activity is exempt from further CEQA review because it is specifically excluded from CEQA consideration as defined by the State Legislature. These exemptions are delineated in Public Resource Code §§ 21080 et seq. and CEQA Guidelines. Applicable section; ____________________ _ □ Categorical. The requested activity is exempt from further CEQA review because it belongs to a 11st of classes of projects that generally are considered not to have potential impacts on the environment. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines §§ 15300- 15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence must include why the quested exemption is not negated by some sort of an exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter 19.04 of the Carlsbad Municipal Code. D Other type of exemption, such as Agricultural Housing, Affordable Housing, and exemption for residential projects in a specific plan, etc. (Article 12.5 of the CEQA Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.)ADDITIONAL DOCUMENTATION AND/OR CHECKUSTMUST BE ATTACHED. 0 ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA because the project does not qualify for an exemptlon. This Environ mental Information Form will be used to assist staff In determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaratlon) wlll be required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Munlclpal Code. The city will typically complete its initial environmental study thirty days after an application is determined complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the timeframe ls extended. Page 2 of S Dlti\FT P-l(D) form Rev 612023 PART B. Property and Project Screening Information (It Applicable) This section Is to be completed only if further environmental review and documentation is required (such as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your Land Use Review Application is complete, the City Planner will request the preparation of an /n{tla/ Study, which will rely, in part, on the information provided in this form. ff you befleve that a previously completed CEQA document adequately addresses the environmental Impacts of the proposed project, a Petition for Use of Prior CEQA Document or tiering checklist (as required by CEQA) may be fifed which w/11 be reviewed and considered. It Is important to note that the details of the request must be carefully evaluated and Planning staff's recommendation or decision for environmental review may change, NOTE: If you /Jove any questions regarding what constitutes an environmental resource of concern, Planning staff may be contacted for further informotion. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. 1. Describe each Item as It relates to the PROJECT SITE: a. Existing land uses/ structures: __ R_e_s_ta_u_r_a_n_t _______________ _ b. Topography/ slope: _F-'la~t ____________________ _ c. Vegetation: Developed d. Wildlife: n/a ---------------------------- e. Surfacewaters: _n_la ________________________ _ f. Cultural/ historical resources: _n_/_a ___________________ _ g. Other: ____________________________ _ 2. Describe each item as it relates to the SURROUNDING AREA: a. Existing land uses/ structures: Restaurant and residential b. Topography/ slope: _,_F'-'la"t ______________________ _ c. Vegetation: _D_e_v_e_lo~p_e_d ______________________ _ d. Wildlife: __,_,n,.,ta,__ _______________________ _ e. Surface waters: ~n~/~a~----------------------- f. Cultural/ historical resources: _nc,le.a..._ __________________ _ g. Other: ____________________________ _ Page 3 of 5 UllAFT P"l{D) Form Rev 6/2023 3. Describe the whole action Involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for lts Implementation. n/a 4. What steps can be taken to mitigate any adverse effects that may result from this project? list the adverse effect first, then the mitigation measure(s) to reduce that effect. n/a Are the folfowing items applicable to the project or its effects? Discuss all items checked "yes" (attach additional sheets as necessary). 5. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 6. Change In scenic views or vistas from existing residential areas or public lands or roads. 7. Change In pattern, scale or character of general area of project. 8. Significant amounts of solid waste or titter. 9. Change in dust, ash, smoke, fumes or odors in vicinity. 10. Change In ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 10. Substantial change in existing noise or vibration levels in the viclnlty. 11. Site on filled land or on slope of 10 percent or more. 12. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 13. Substantial change in demand for municipal services (pollce, fire, water, sewage, etc.). 14. Substantially Increase fossil fuel consumption (electricity, oil, natural gas, etc.). 15. Relationship to a larger project or series of projects of the same type in the same general area. Yes No □ [RI □ [xi □ IRl □ IRl □ IRl □ IRl □ IRl □ IRl □ IRl □ IRl □ IRl □ IRl Page 4 of 5 DRA!'7' P-l(D) Form Rev 6/2023 Yes No 16. Site with tree groves, rock outcroppings, or similar resources. □ w 17. Site with sensitive plant or animal habitats, defined by the California Endangered □ w Speclal Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered Species Act (16 U.S.C. §§et.seq.); or sensitive, rare, candidate species of special concern; endangered or threatened biological specials or their habitat (specffically including sage scrub habitat for the Callfornla Gnatcatcher); or the site is immediately adjacent to a corridor or larger area which has wildlife movement. 18. Site has known archaeological or cultural resources from either historic or □ [x] prehistoric periods. 19. Site has buildings or structures, Including houses, garages, barns, commerdal □ 0 structures, etc. with extant architecture that are usually more than 45 years old. NOTE: The city requires completion of this form for informational purposes. An offlrmative response to any of the Items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e., blologlcal, cultural resource, traffic, noise} that are necessary to substantiate a "no Impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form to help expedite the city's environmental revlew but IS NOT required to complete your application. Formal environmental review does not begin the Land Use Review Appficatlon is determined to be complete, A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEOA time limits would be difficult. To enable the city to comply with the Permit Streamlining Act and CEQA, the case planner will deem an application for a project not received for filing under the statute or ordinance until such time that progress toward completing the envlronmental documentation required by CEQA Is sufficient to enable the city to finish the CEQA process within the shorter permit time llmit. This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page S of S ORAH P-1(D) Form Rev 6/202.1 TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) §] ACKNOLWEDGEMENT INFORMATION 0<,:' 11-.t;>.[qp fJJ.e_n.t ~ t::Lv_ic;__r;): Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by State law do not start until a project application Is determined to be complete by the city. The city has thirty calendar days from the date of application submittal to determine whether an application Is complete or incomplete. The State law, called the Permit Streamllning Act (California Government Code §§ 65920 et seq.), applies to "development projects," which include subdivision maps and most discretionary development permit appllcatlons. It does not apply to ministerial actions (such as bullding permits, lot llne adjustments, etc.) and does not apply to legislative actions (such as zoning district or map changes). Permit application intake and project review must not begin unless a "duly filed" appllcatlon package has been submitted and all required elements are accepted by the Planning Division. For the Planning Division to consider a project application duly flied, the application must be accompanied by all forms, documents and other relevant requirements specified in the Minimum Intake Submittal Requlrements Checklist. If Planning staff finds that the checklist submittal requirements have been provided, the appllcatlon must be considered duly flied and accepted for intake. The application Is assigned a case number, the customer informed that applicatlon has been accepted for processing as of the date of intake, and the application routed to Plannlng Division management for assignment. Under the Permit Streamlining Act, within thirty days of submittal of a duly filed development permit application, you will receive a letter stating whether the Land Use Review Application Is complete or Incomplete. The case planner must deem an application "complete'' pursuant to Government Code § 65943 If the applicant provides all the required information In the Completeness Determination Requirement Checklist. If it is determined "Incomplete," the case planner will transmit a letter to the appllcant and will state what Is needed to make this application complete. When the application is determined "complete," the processing period will start upon the date of the completlon letter. The California Environmental Quallty Act {CEQA) works together with the Permit Streamlining Act by commencing Its environment al review after project application Is complete. Development project applications that are not exempt from CEO.A and are subject to envfronmental review are also subject to environmental review processing time limits pursuant to CEQA Guidelines. The State guidelines establish time limits for the three main components of environmental review: 1) the Initial Study; 2) Negative Declaration completion; and 3) Envlronmental Impact Report completion. These processes and time limits are separate from the time llmlt and processes of Planning Department review of development project permit applications although the projects go through both processes unless they are categorically exempt, After CEQA review, the Permit Streamlining Act controls again through project decision. If you have any questions regarding appllcatlon submittal requirements {I.e., clarlflcatlon regarding a specific requirement or whether all requirements are necessary for your particular application) please call please call (442) 339~2600 or email p!r!n11i_n~tJ~_,1rb,b.1~k;:i,goy:. Page 1 of 2 P-1(A) Form Rev 6/2023 A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult. To enable the city to comply with both the Permit Streamllning Act statute and CEQA, the case planner must deem an applicatlon for a project not received for filing under the statute or ordinance until such time as progress toward completlng the environmental documentation required by CEQA is sufficient to enable the city to finish the CEQA process within the short permit time limit. BY SIGNING BLEOW, I/We understand that this form must be completed as part of the appllcatlon and documents that I/we have been informed of process requirements and tlmelines including: 1) time limits on determining application completeness; 2) notifying applicants in writing if their applications are complete; 3) time llmits for environmental review; and, 4) disclosure to applicants about these time limits and certain aspects of the application review process. Each city review letter wlll Include a project processing schedule and estimated decision date that Incorporates the time limits for processing projects, I/We also understand that if there are any concerns about the progression on the development application (e.g., the notice, review, or decision schedule) the Applicant, Property Owner, or Agent should immediately contact the case planner to discuss project processing, upcoming milestones, and/or timeUne concerns. Time periods may be extended by mutual consent, within limits. NAME OF PROJECT:_Le_P_a._p---'ag"-a-'y_o _____________________ ~ BRIEF SUMMARY OF PROJECT: Proposing to make the Temp. Covid Patio to permanent. LOCATION: 660 Carlsbad Village Drive CONTACT: llll Applicant □ Property Owner 9? Signature: ~VA 4- Name: Darrin Campbe Date: 07.13.23 This form must be stapled/attached to the application and shall be effective unt(I replaced or revoked In writing. NOTE: Not all discretionary projects are subject to the 30-day review per{od. And there might be circumstances that dictate a different processing tfme/ine pursuant to state law. Page 2 of 2 P-1(A) Form Rev 6/2023 FINANCIALLY RESPONSIBLE PARTY STATEMENT P-1(H) 9~ ve Ip P m~nJ __ ~_e ry_i~£..s Planning Division 1635 Faraday Avenue (442-339-2600 www.carlsbadca.gov § APPLICATION INFORMATION This submittal form is to be completed as part of your application with the Cfty of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B Is to be completed only when there Is a change in assignment and there is a new Flnanciafly Responsible Party. PART A. Assignment It is the policy of the City of Carlsbad to recover the actual cost of processing land Use Review Applications, Including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package, Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property owner, Applicant, or Agent Is required to submit proof of payment for the required intake fee amount for each appllcatlon permit type. The amount due and to be received by the city must be based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party In this document ls person or persons responsible for depositing, transferring, or has previously sent funds to process the following application. PROJECT NAME: Le Papagayo BRIEF PROJECT SUMMARY: Proposing to keep the Temp. Covid patio to permanent PROJECT LOCATION: 660 Carlsbad Village Drive Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposlts, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initlal payment, deposit, and any subsequent payments or deposits shall be held by the city in an account under the name of the project and/or Flnancially Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responslble Party at the address below. In the case that the Financially Responslble Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financlal Responslbillty Form must be completed to authorize transfer of ownership of funds In said account (Section 3 of this document). The Flnancially Responsible Party may contact the assigned planner to request a new form. Page 1 of 3 P-1(H) Form Rev 612023 2. All costs incurred by the city in processing said application, including overhead, whether within or over the is the Flnanclally Responsible Party's personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes In Financially Responsible Party's business organization, or any other reason. 11Costs incurred by the city0 as identified in this paragraph may include costs for the services of an outside contractor for third party review, Including environmental evaluation. Where the City Planner determines it is necessary to engage the services of an outside contractor to assist with application processing, costs for such services are to be paid by the Financially Responsible Party in the same manner identified above. 3. If the Financially Responslble Party withdraws an application, the City Planner will cease processing of the application within one day and will proceed with the case closure process. The Financially Responsible Party is responsible for all case closure costs. Case closure costs will be minimized to the maximum extent practicable. The Financially Responsible Party is a (check one): IE Applicant □ Property Owner □ Agent □Other: ____________ _ Financially Responsible Party's Legal Name: _D_a_rr_in_C_a_m~p~b_e_l_l ________ _ Address: 347 Monarch Bay Drive City: Dana Point State: ~C~A~_Zip Code: ~9~2~6=29~--- Phone: ____________ Ceil Phone: 949.235.5982 Email: dda@monarchdd.com By signing below, 1/We have read this form and agree to all terms and llmitations provided for application intake and processing. I understand and agree that as the Financially Responsible Party, I/We are responsible for payment of all fees associated with this project including all hourly or other fees which might accrue during the review and/or post-issuance whether the permit Issued or whether the application is canceled or denied before the perZ?) :;J/ Financially Responsible Party Signature: ~ Date: 07.18.23 Print Name: Darrin Campbell The information about the Financially Responslble Party provided above must be 100% accurate. If there is a refund, the check will be malled to the name and address stated below. If the Information stated on this form is inconsistent with our system, the Financially Responsible Party must clarify and correct before the application can be deemed complete. Also, a Letter of Authorization {LOA} is required if the Financially Responsible Party is a "company'', stating that the Agent has the authority to complete and sign this form. Page 2 of3 P-1(H) Form Rev6!2023 PART B. Change in Assignment (New Responsible Party) This portion of the submittal form is to be completed when the Financially Responsible Person changes during the course of processing the application with the City of Carlsbad. Transferring from (to be completed by current Financially Responsible Party): I,-------------------" hereby assign and transfer all rights and financial responsibilities for the following application: PROJECT NAME: _________________________ _ BRIEF PROJECT SUMMARY: _____________________ _ PROJECT LOCATION: _______________________ _ PLANNING CASE NOS.: _______________________ _ Current Financially Responsible Party Signature: _________________ _ Print Name: ____________________ Date: ________ _ Acceptance of Transfer (to be completed by the new Financial Responsible Party): I,-------------~ hereby accept financial responsibility for the above-mentioned project from ____________ (FRP, Part A.), effective date ______ _ New Financially Responsible Party's Legal Name: _________________ _ Address: _____________________________ _ City: ______________ State: ____ Zip Code: ______ _ Phone: ______________ Cell Phone: _____________ _ Email: _____________________________ _ New Financially Responsible Party Signature: __________________ _ To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing. Page 3 of 3 P-1(H} Form Rev 612023 OPERATING AGREEMENT OF PARKER FAMILY PROPERTIES, A CALIFORNIA LIMITED LIABILITY COMPANY In accordance with the Beverly-Killea Limited Liability Company Act and subject to the Articles of Organization, which were filed on December 15, 2004 with the Secretary of State of California, the members of Parker Family Properties, A California Limited Liability Company, listed on the signature page, make the following agreement effective on December 15, 2004, regarding the conduct of the business and affairs of Parker Family Properties, LLC, a California Limited Liability Company ("Company"): Article 1. Definition of Terms 1.01. When used in this agreement, the following terms have the meanings set forth here: (a) "Act" means California's Beverly-Killea Limited Liability Company Act, as set forth in Corporations Code Title 2.5. (b) "Agreement" means this operating agreement, as originally executed and as amended from time to time. (c) "Articles" means the Articles of Organization for the Company as originally filed with the Secretary of State and as amended from time to time. (d) "Available cash" of the Company means all cash funds of the Company on hand from time to time (other than cash funds obtained as contributions to the capital of the Company by the members and cash funds obtained from loans to the Company), after (1) payment of all operating expenses of the Company as of such time, (2) provision for payment of all outstanding and unpaid current obligations of the Company as of such time, and (3) provision for a working capital reserve, as defined below. (e) "Bankruptcy" means, and a member is deemed a "Bankrupt Member" on, (1) the entry of a decree or order for relief against the Member by a court of competent jurisdiction in any involuntary case brought against the Member under any bankruptcy, Insolvency, or similar law ("Debtor Relief Laws") that generally affect the rights of creditors and relief of debtors; (2) the appointment of a receiver, liquidator, assignee, custodian, conservator, trustee or similar agent under Debtor Relief Laws for the Member or for any substantial portion of the Member's assets; (3) the issuance of an order for the winding up and/or liquidation of the Member's affairs; (4) the filing of a petition in any involuntary bankruptcy case that remains undismissed or suspended under the federal bankruptcy laws; (5) the commencement by a Member of a voluntary case under any applicable Debtor Relief Law; (6) the written admission of a Member Parker Family Propartles, LLC Operating Agreement that the Member is unable to pay the Member's debts as they become due; (7) the consent by any Member to the entry of an order for relief in any involuntary case, or to the appointment of (or the taking of possession by) a receiver, liquidator, assignee, custodian, conservator, trustee or similar agent under Debtor Relief Law for the Member or for any substantial portion of the Member's assets; or (8) the making by a Member of any general assignment for the benefit of creditors. (f) "Capital account" means the individual accounts established and maintained pursuant the Paragraph 3.04. (g) "Capital contribution" means the total value of cash and agreed fair market value of property contributed and agreed to be contributed to the Company by each member, as shown in Exhibit "A", as the same may be amended from time to time. (h) "Code" means the Internal Revenue Code of 1986, as amended. All references in this Agreement to sections of the Code include any corresponding provision or provisions of succeeding law. (i) "Company" means Parker Family Properties, LLC, a California Limited Liability Company. Q) "Entity" means any associati_on, corporation, general partnership, limited partnership, limited liability company, joint stock association, joint venture, firm, trust, business trust, cooperative and foreign association of like structure. (k) "Interest" in the Company means the entire ownership interest of a Member in the Company at any particular time, including the right of the member to any and all benefits to which a Member may be entitled as provided in this Agreement and under the Act, together with the obligations cif the member to comply with all of the terms and provisions of this Agreement. (I) "Manager" means an individual or individuals appointed by consent of all Members and having the authority as set forth in this Agreement. (m) "Member" means each person who is an original signatory to the Agreement and has been admitted to the Company as a Member, or who is an assignee that has been admitted to the Company as a Member that has not resigned, withdrawn or been dissolved. (n) "Percentage interests" of a Member means the percentage of the member set forth opposite the name of the Member in Exhibit "A" attached to this Agreement, as the percentage may be adjusted form time to time pursuant to the terms of this Agreement. Parker Famlly Properties, LLC OperaUng Agreement -2- (o) "Principal office" means the office of the agent of this Company as shown in Its Articles. (p) "Pro Rata Part" means the proportion that a percentage interest of a Member bears to the aggregate interest in the Company of all Members. (q) "Share" refers to an interest in the Company representing a contribution to capital. Whenever reference Is mice to "percentage interest," a share may be converted into the same by dividing a Member's number of shares by the total of all shares outstanding. (r) "Substitute Member" means any individual or entity that is admitted into membership on the written consent of the Managers in accordance with Paragraph 3.11. (s) "Tax Matters Member" means the member chosen pursuant to Internal Revenue Code Section 6231(a}(7) to deal with the Internal Revenue Service on tax matters. Article 2. Organization of Company 2.01. The Members have formed a limited liabillty company under the Act by properly executing and filing the Articles and executing this Agreement. The rights, duties and liabilities of the Members and the Managers are determined pursuant to the Act, the Articles and this Agreement. 2.02. The name of the Company is Parker Family Properties, LLC, a California Limited Liability Company. The Company will transact business under that name. However, the Managers may conduct business under another name if the Managers think it is advisable, provided that the Managers comply with the Act and any other applicable laws, file fictitious name certificates and the like, and file any necessary amendments. 2.03. The purpose of the Company is to engage in any business activity permitted by the Act. 2.04. The duration of the Company and this Agreement is fifty (50) years, unless the Company is dissolved earlier pursuant to Article 25. Article 3. Members and Membership Interests 3.01. Members, their respective addresses, their initial capital contributions to the Company, and their respective percentage interests in the Company are set forth on Exhibit "A", attached to this Agreement and made a part of it. Each Member agrees Parker Famlly Properties, LLC Operating Agreement -3- to make the initial contribution set out in Exhibit "A" within ninety (90) days of the execution of this Agreement. 3.02. No Member is required to make any capital contribution to the Company other than the capital contribution required to be made under Paragraph 3.01 without the Member's prior written consent. To the extent authorized by the Managers, subsequent contributions must be in amounts and may be in any type of property as is agreed on by the Managers. If subsequent contributions are authorized, a Member may make additional Capital Contributions on a pro rata basis in accordance with the Member's Capital Account. 3.03. Loans or services by any Member to the Company may not be considered to be contribution to the capital of the Company. ' 3.04, (a) The initial Capital Contribution of each Member is as set forth in Exhibit "A". No interest may be paid on any Capital Contribution. (b) The Company will establish and maintain individual Capital Accounts on behalf of each Member, including any additional or Substituted Member who shall subsequently received any interest in the Company. The capital account of each Member consists of (1) the amount of cash the Member has contrlbutecj to the Company, plus (2) the agreed fair market value of any property the Member has contributed to the Company, less any liabilities assumed by the Company or to which the property is subject, plus (3) the amount of profits or income (including tax-exempt income) allocated to the Member, less (4) the amount of losses and deductions allocated to the Member, less (5) the amount of all cash distributed to the Member, less (6) the fair market value of any property distributed to the Member, net of any liability assumed by the Member or to which the property is· subject, less (7) the Member's share of any other expenditures that are not deductible by the Company for federal income tax purposes or that are not allowable as additions to the basis of Company property, and (8) subject to any other adjustment that may be required under the Code. The Capital Account of a Member is not affected by any adjustments to basis made pursuant to Section 743 of the Internal Revenue Code, but must be adjusted with respect to adjustments to basis made pursuant to Section 734 of the Internal Revenue Code. (c) No Member has the right to withdraw his or her capital contribution or to demand and receive property of the Company or any distribution in return for his or her Capital Contribution, except as may be specifically provided in this Agreement or required by law. No Member may receive out of Company property any part of his, her or its capital contribution until (1) all liabilities of the Company, except liabilities to Members on account of their loans, have been paid or sufficient Company property remains to pay them, and (2) the Manager's consent, unless the return of the contribution to capital is rightfully demanded as provided in the Act. Parker Family Propert!es, LLC OperaUng Agreement -4- (d) Subject to the provisions of subparagraph (c) of this paragraph, a Member may rightfully demand the return of his or her or its Capital Contribution (1) on the dissolution of the Company, or (2) as may otherwise be provided in the Act. A member may demand and receive only cash in return for the Member's Capital Contribution. 3.05. Additional capital may be contributed to the Company, but only on the written consent of the Managers. 3.06. The Members may admit to the Company additional members to participate in the profits, losses, available cash flow, and ownership of the assets of the Company on such terms as are determined by the Managers. Admission of any additional Members requires written consent of the Managers. Any additional Members are allocated gain, loss, income, or expense by the method provided in this Agreement. 3.07. No member is. liable under a judgment, decree, or order of the court, or in any other manner, for a debt, obligation, or liability of the Company, except as provided by law. No Member Is required to loan any funds to the Company. 3.08. Unless expressly provided in this Agreement, no Member, acting alone, has any authority to act for, or to undertake or assume, any obligation, debt, or responsibility on behalf of any other Member of the Company. 3.09. In the event that a Member (or a Member's shareholders, partners, members, owners or affiliates) has incurred any indebtedness or obligation before the date of this Agreement that relates to or otherwise affect the Company, neither the Company nor any other Member has any liability or responsiblli°ty with respect to the Indebtedness or obligation unless the indebtedness or obligation is assumed by the Company pursuant to a written instrument signed by the Managers. Furthermore, neither the Company nor an Member is responsible or liable for any indebtedness or obligation that is subsequently incurred by any other Member (or a Member's shareholders, partners, members, owners or affiliates). In the event that a Member (or a Member's shareholders, partners, members, owners or affiliates; collectively called the "liable Member"), whether before or after the date of this Agreement, incurs (or has incurred) any debt or obligation that neither the Company nor any of the other Members Is to have any responsibility or liability for, the liable Member must indemnify and hold harmless the Company and the other Members from any liability or obligation they may incur in respect of the debt or obligation. Article 4. Transfer of Membership Interests 4.01, A Member may withdraw from the Company at any time by giving Notice of Withdrawal to all other Members at least 180 calendar days before the effective date of withdrawal. Withdrawal shall not release a Member from any obligations and Parker Family Properties, LLC Operating Agreement -5- liabilities under this Agreement accrued or incurred before the effective date of withdrawal. A withdrawing Member shall divest the Member's entire Membership Interest before the effective date of withdrawal in accordance with the transfer restrictions and option rights set forth below, 4.02. Except as expressly provided in this Agreement, a Member shall not Transfer any part of the Members Membership Interest .in the Company, whether now owned or hereafter acquired, unless (1) the other Members unanimously approve the transferee's admission to the Company as a Member upon such Transfer and (2) the Membership Interest to be transferred, when added to the total of all other Membership Interests transferred in the preceding 12 months, will not cause the termination of the Company under the Code. No Member may Encumber or permit or suffer any Encumbrance of all or any part of the Member's Membership Interest in the Company unless such Encumbrance has been approved in writing by the Managers. Any Transfer or Encumbrance of a Membership Interest without such approval shall be void. Notwithstanding any other provision of this Agreement to the contrary, a Member who is a natural person may transfer all or any portion of his or her Membership Interest to any revocable trust created for the benefit of the Member, or any combination between or among the Member, the Members spouse, and the Members Issue; provided that the Member retains a beneficial Interest in the trust and all of the Voting Interest included in such Membership Interest. A transfer of a Members entire beneficial interest in such trust or failure to retain such Voting Interest shall be deemed a Transfer of a Membership Interest. 4.03. On the happening of any of the following events (Triggering Events) with respect to a Member, the Company and the other Members shall have the option to purchase all or any portion of the Membership Interest in the Company of such Member (Selling Member) at the price and on the terms provided in Section 4.07 of this Agreement: (a) the death or incapacity of a Member; (b) ·the bankruptcy of a Member; (c) the winding up and dissolution of a corporate Member, or merger or other corporate reorganization of a corporate Member as a result of which the corporate Member does not survive as an entity; (d) the withdrawal of a Member; or (e) except for the events stated in Section 4.04, the occurrence of any other event that is, or that would cause, a Transfer in contravention of this Agreement. Parker Fam!ly Properties, LLC Operating Agreement -6- Each Member agrees to promptly give Notice of a Triggering Event to all other Members. 4.04. Notwithstanding any other provisions of this Agreement: ' ' (a) If, in connection with the divorce or dissolution of the marriage of a Member, any court issues a decree or order that transfers, confirms, or awards a Membership Interest, or any portion thereof, to that Members spouse (an Award), then, notwithstanding that such transfer would constitute an unpermitted Transfer under this Agreement, that Member shall have the right to purchase from his or her former spouse the Membership Interest, or portion thereof, that was so transferred, and such former spouse shall sell the Membership Interest or portion thereof to that Member at the price set forth in Section 4.7 of this Agreement. If the Member has failed to consummate the purchase within 180 days after the Award (the Expiration Date), the Company and the other Members shall have the option to purchase from the former spouse the Membership Interest or portion thereof pursuant to Section 4.05 of this Agreement; provided that the option period shall commence on the later of (1) the day following the Expiration Date, or (2) the date of actual notice of the Award. (b) If, by reason of the death of a spouse of a Member, any portion of a Membership Interest is transferred to a Transferee other than (1) that Member or (2) a trust created for the benefit of that Member (or for the benefit of that Member and any combination between or among the Member and the Members issue) in which the Member is the sole Trustee and the Member, as Trustee or individually possesses all of the Voting Interest included in that Membership Interest, then the Member shall have the right to purchase the Membership Interest or portion thereof from the estate or other successor of his or her deceased spouse or Transferee of such deceased spouse, and the estate, successor, or Transferee shall sell the Membership Interest or portion thereof at the price set fbrth in Section 4.07 of this Agreement. If the Member has failed to consummate the purchase within 180 days after the date of death (the Expiration Date), the Company and the other Members shall have the option to purchase from the estate or other successor of the deceased spouse the Membership Interest or portion thereof pursuant to Section 4.05 of this Agreement; provided that the option period shall commence on the later of (1) the day following the Expiration Date, or (2) the date of actual notice of the death. 4.05. On the receipt of Notice by the other Members as contemplated by Section 4.01 and on receipt of actual notice of any Triggering Event (the date of such receipt is hereinafter referred to as the "Option Date", the Managers shall promptly give notice of the occurrence of such a Triggering Event to each member, and the Company shall have the option, for a period ending 30 calendar days following the determination of the purchase price as provided in Section 4.07, to purchase the Membership Interest in the Company to which the option relates, at the price and on the terms provided in Section 4.07, and the other Members, pro rata in accordance with their prior Parker Family Properties, LLC Operating Agreemenl -7- Membership Interests In the Company, shall then have the option, for a period of 30 days thereafter, to purchase the Membership Interest in the Company not purchased by the Company, on the same terms and conditions as apply to the Company. If all other Members do not elect to purchase the entire remaining Membership Interest in the Company, then the Members electing to purchase shall have the right, pro rata in accordance with their prior Membership Interest In the Company, to purchase the additional Membership Interest in the Company available for purchase. The transferee of the Membership Interest in the Company that is not purchased shall hold such Membership Interest in the Company subject to all of the provisions of this Agreement. 4.06. No Member shall participate in any Vote or decision in any matter pertaining to the disposition of that Member's Membership Interest in the Company under this Agreement. 4.07. The purchase price of the Membership Interest that Is the subject of an option under this Agreement shall be the Fair Market Value of such Membership Interest as determined under this Section 4.07. Each of the selling and purchasing parties shall use his, her, or its best efforts to mutually agree on the Fair Market Value. If the parties are unable to so agree within 30 days of the date on which the option is first exercisable (the Option Date), the selling party shall appoint, within 40 days of the ·option Date, one appraiser, and the purchasing party shall appoint within 40 days of the Option Date, one appraiser. The two appraisers shall within a period of five additional days, agree on and appoint an additional appraiser. The three appraisers shall, within 60 days after the appointment of the third appraiser, determine the Fair Market Value of the Membership Interest in writing and submit their report to all the parties. The Fair Market Value shall be determined by disregarding the appraiser's valuation that diverges the greatest from each of the other two appraisers valuations, and the arithmetic mean of the remaining two appraisers valuations shall be the Fair Market Value. Each purchasing party shall pay for the services of the appraiser selected by it, plus one-half of the fee charged by the third appraiser. The option purchase price as so determined shall be paid at the closing for the sale as follows: one-quarter (1/4) of such purchase price in cash at such closing, and the balance in twenty (20) equal quarterly principal payments beginning three months after the date of such closing, with simple interest added to each installment, computed against the outstanding principal balance at the prevailing prime interest rate charged by BANK OF AMERICA, of San Diego, California, on the date of such closing. The purchasing party shall give the selling party a promissory note as evidence of this debt, and the buying party may prepay all or any part of the principal balance of the note at any time without penalty or premium. 4.08. Except as expressly permitted under Section 4.02, a prospective transferee (other than an existing Member) of a Membership Interest may be admitted as a Member with respect to such Membership Interest (Substituted Member) only (1) on the unanimous Vote of the other Members in favor of the prospective transferee s Parker Family Propertlea, LLC Operating Agreement -8- admission as a Member, and (2) on such prospective transferee s executing a counterpart of this Agreement as a party hereto. Any prospective transferee of a Membership Interest shall be deemed an Assignee, and, therefore, the owner of only an Economic Interest until such prospective transferee has been admitted as a Substituted Member. 4.09. Any person admitted to the Company as a Substituted Member shall be subject to all provisions of this Agreement. 4.10. The initial sale of Membership Interests in the Company to the initial Members has noi been qualified or registered under the securities laws of any state, or registered under the Securities Act of 1933, as amended, in reliance upon exemptions from the registration provisions of those laws. No attempt has been made to qualify the offering and sale of Membership Interests to Members under the California Corporate Securities Law of 1968, as amended, also in reliance upon an exemption from the requirement that a permit for issuance of securities be procured. Notwithstanding any other provision of this Agreement, Membership Interests may not be Transferred or Encumbered unless registered or qualified under applicable state and federal securities law or unless, in the opinion of legal counsel satisfactory to the Company, such qualification or registration Is not required. The Member who desires to transfer a Membership Interest shall be responsible for all legal fees incurred in connection with said opinion . . 4.11. A transferee may become a Substitute Member if (1) the requirements above, are met; (2) the person executes an instrument satisfactory to the remaining Members accepting and adopting the terms and provisions of this Agreement; and (3) the persons pay all reasonable expenses in connection with his or her admission as a remaining Member. 4.12. (a) An·y permitted transfer of all or any portion of a Member's interest in the company takes effect on the first day of the month following receipt by the Members of written notice of transfer. Any transferee of an interest in the company takes subject to the restrictions on transfer imposed by this Agreement. {b) On a transfer of a Member's interest in the Company in violation of this Agreement, the transferee has no righ( to participate in the management of the business and affairs of the Company or to become a Member, but the transferee is entitled only to received the share of profits or other compensation by way of income and the return of contributions to which the transferor of the interest in the Company would otherwise be entitled. Parker Family Properties, LLC Operating Agreement Article 5. Power to Amend Agreement 5.01. The power to adopt, alter, amend, or repeal this Agreement is vested entirely in the Managers named in the articles of organization. Article 6. Management Rights In Manger 6.01. The right to exercise the powers of the Company and to manage the business and affairs of the Company is vested entirely in the Managers. If there is more than one Manager, the Managers must act collectively and consent to each act that binds the Company. Article 7. Appointment of Manager 7.01. The initial Manager specified in the articles of organization, to wit: KATHRYN MARGARET VENEZIA shall serve as Manager for the period specified in this Agreement. Article 8. Removal of Manager ._ 8.01. A Manager may remove another Manger before the expiration of the Manager's term specified in this Agreement if the Manager acts outside the scope of the Manager's authority and contrary to the provisions set forth in the California Corporations Code, Section 17000 et seq. Article 9. Successor Manager 9.01. In the event it is necessary to appoint a Successor Manager, the Members may do so at a meeting expressly called for that purpose. The notice must specify the date, time and place of the meeting and the purpose for calling the meeting. Notice of the meeting must be delivered personally to the Members or sent to each Member by United States mail or facsimile machine at the Member's address as shown on the records of the Company. A majority of Members must be present to constitute a quorum. The Successor Manager shall be appointed by a majority of those present at a meeting at which a quorum is present. Article 10. Execution of Documents 10.01. The Managers have the authority to execute documents and instruments for the acquisition, mortgage or disposal of property on behalf of the Company and any other document necessary to carry out the business of the Company. Parker Family Properties, LLC Operallng Agreement -10- Article 11. Tax Matters Member 11.01. The Tax Matters Member of the Company, chosen pursuant to Internal Revenue Code Section 623 1(8)(7), is KATHRYN MARGARET VENEZIA, who has the same authority as granted by the Internal Revenue Code to a tax matters partner. Article 12. Allocations, Distributions and Interests 12.01. Except as may be expressly provided otherwise in this Article 12, and subject to the provisions of Section 704(c) of the Internal Revenue Code, the net income, net loss, or capital gains of the Company for each fiscal year of the Company· is allocated to the Members, pro rata in accordance wilh their percentage interests. 12.02. Periodically, but not less frequently than at the end of each calendar quarter, the available cash of the Company, if any, must be distributed to the Members, pro rata in accordance with their percentage interest. For any calendar quarter, available cash need not be distributed to the extent that the cash is required for a reas;,nable working capital reserve for the Company; the amount of the reasonable working capital reserve is to be determined by and agreed upon by the Managers . . _ (a) If any interest in the Company is transferred, or is increased or decreased by reason of the admission of a new Member or otherwise, during any fiscal year of the Company, each Item of Income, gain, loss, deduction, or credit of the Company for the fiscal year must be assigned pro rata based on his or her respective interest In the Company. (b) Distributions of the Company assets in respect of any interest in the Company shall be made only to the Members who, according to the books and records of the Company, are holders of record of the interest in respect of which the distributions are made on the actual date of distribution. Neither the Company nor any Member incurs any liabilltyfor making distributions in accordance with the provisions of the preceding sentence whether or not the Company or Member has knowledge or notice of any transfer or purported transfer of ownership of interest in the Company that has not been approved by the Managers. Notwithstanding any provision above to the contrary, gain or loss of the Company realized in connection with a sale or other disposition of any of the assets of the Company must be allocated solely to the parties owning interest in the Company as of the date the sale or other disposition occurs. Article 13. Indemnification of Members and Members' Fiduciary Duties 13.01. The Company will indemnify Members for any act taken in the capacity of a Member, other than acts that involve a breach of fiduciary duty. The standard of the fiduciary duty a Member owes to the Company and to its Members are those of a Parker Family Properties, LLC Operating Agreemenl -11- partner to a partnership and to the partners of the partnership. A Member's standard of conduct owed to the Company and other Members is to act in the highest good faith to the Members, and a Member may not seek to obtain an advantage in the Company affairs by the slightest misconduct, misrepresentation, concealment, threat or adverse pressure of any kind. Article 14. Indemnification of Managers and Manager's Fiduciary Duties 14.01. The Company shall indemnify the Managers for any act taken in the capacity of a Manager, other than acts that involve a breach of fiduciary duty. The standard of the fiduciary duties a Manager owes to the Company arid to its members are those of a partner to a partnership and to the partners of the partnership. A Manager's standard of conduct owed to the Company and other Members is to act in the highest good faith to the Members, and a Manager may not seek to obtain an advantage In the Company affairs by the slights misconduct, misrepresentation, concealment, threat, or adverse pressure of any kind. Article 15. Company Records and Reports 15.01 The bQ.Dks and records of the Company must be kept, and the financial position and the result of its operations recorded, I accordance with the accounting methods elected to be followed by the Company for federal and state income tax purposes. The books and records of the Company must reflect all Company transactions and must be appropriate and adequate for the Company's business. The fiscal year of the Company for financial reporting and for federal Income tax purposes is the calendar year. 15.02. All books and records of the Company must be maintained at any office of the Company or at the Company's principal place of business, and each Member, and his or her duly authorized representative, must have access to them at the office of the Company and the right to inspect and copy them at reasonable times. 15.03. The Managers must use their best efforts to cause the Company to deliver to each Member, within fo_rty five (45) days after the end of each fiscal year, all information necessary for the preparation of each Member's federal income tax return. The Managers must also use their best efforts to cause the Company to prepare, within forty five (45) days after the end of each fiscal year, a financial report of the Company for the fiscal year, which must contain a balance sheet as of the last day of the year then ended, an income statement for the year then ended. Parker Family Properties, LLC Operating Agreement -12- Article 16. Dissolution of Company 16.01. The Company shall be dissolved, its assets shall be disposed of, and its affairs shall be wound up on the first to occur of the following events: (a) A determination by Members owning more than 75 percent of the interests in the Company that the Company should be dissolved. • (b) The expiration of the Company term, as stated in the Articles. (c) On the death, insanity, bankruptcy, retirement, resignation·or expulsion of the Manager unless at least 75 percent of the remaining Members consent to continue the Company within 90 days of the dissolution event. (d) At any earlier time as may be provided by applicable law. Article 17. Miscellaneous Provisions 17.01. This Agreement and the Articles of this Company constitute the complete and exclusive statement of agreement among the members with respect to the subject matter described. This Agreement.and the Articles replace and supersede all prior agreements by and among any of the Members. This Agreement and the Articles supersede all prior written and oral statements; no representation, statement or condition or warranty not contained in this Agreement or the Articles Is binding on the Members or has any force or effect. 17.02. This Agreement and the rights of the .parties under this Agreement will be governed by, interpreted, and enforced in accordance with the laws of the State of California. • 17.03. Subject to the provisions of this Agreement relating to transferability, this Agreement is binding on and Inures to the benefit of the Members and their respective distrlbutees, successors and assigns. 17.04. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under the present or future laws effective during the term of this Agreement, the provision is fully severable; this Agreement is construed and enforce as If the illegal, invalid or unenforceable provision had never comprised a part of this agreement; and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provisi0n; and there will be added automatically as a part of this Agreement a provision as similar in terms to the .illegal, invalid or unenforceable provis'1on as may be possible and be legal, valid and enforceable. Parker Family Properties, LLC Operating Agreement -13- 17.05. This Agreement may be executed in several counterparts, each of which Is deemed an original but all of which constitute one and the same instrument. However, in making proof only one copy signed by the party to be charged is required. 17.06. Each Member agrees to execute and deliver additional documents and instruments and to perform all additional acts necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions, and conditions of this Agreement and the transactions contemplated by it. 17.07. This Agreement is made solely and specifically among and for the benefit of the parties to it, and their respective successors and assigns, subject to the express provisions of the agreement relating to successors and assigns, and no other person has or will have any rights, interest, or claims under this Agreement as a third-party beneficiary or otherwise. 17.08. Members acknowledge that the tax consequence of each Member's Investment in the Company is dependent on each Member's particular financial circumstances. Each Member will rely solely on the Member's financial advisors and not the Company. The Company makes no warranties as to the tax benefits that the Members receive or will receive as a result of the Member's investment in the Company. ~ 17 .09. Any notice to be given or to be served on the Company or any party to this Agreement in connection with this Agreement must be in writing and is deemed to have been.given and received when delivered to the address specified by the party to receive the notice. Notices must be given to each Member at the address specified in Exhibit "A". Any Member or the Company may, at any time, designate any other address in substitution of the foregoing address to which notice will be given by giving written notice to the other Members and to the Company thirty (30) days before the date of delivery of the notice. 17 .10. All amendments to this Agreement must be in writing and signed by the Managers. 17.11. Legal title to all property of the Company must be held and conveyed in the name of the Company. IN WITNESS WHEREOF, the undersigned have executed this Agreement, to be effective as of the date of the Articles of Organization of the Company are accepted for filing by the Secretary of State. Parker Family Properties, LLC OpersUng Aijreement -14- DATE ;.1_/?,"j It) 'I r I DATE:.__:_\2_-=-·µ./z"--'q+/ o""--4--_,___ I 1 DATE: 12,/zs/o</ DATE:. ______ _ State of California .) County of Contra Costa ) PARKER FAMILY PROPERTIES, LLC . BY: ,,/// !I! ,=--: ~VENEZ~ging M_;>J!)ber----·~ / ;;?.?.; B~~ ,,---'~-~/=====:=::::, __ ~. ;oJ(bg~~ JOHNELLE PARKER, Member BY: OAKLE JOB PARKER, Member BY: SARAH JOY L YWOOD, Member On _______ , before me, the undersigned Notary Public, personally appeared KATHRYN M. VENEZIA □ personally known to me --OR --□ proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official sea!. NOTARY PUBLIC Parker Family Properties, LLC Operating Agreement -15- DATE: ·--------- Cl.KUH PARKER fAMH. Y PROPERTIES, LLC BY: BY: BY: KATHRYN M, VENEZIA, Managing Member OAKLEY G. PARKER, Member JOHNELLEPAAKER,Member OAKLEY JOB PARKER, Member PAGE 62/63 0ATE:_Oz-0 !.-oS::::: BY:...,,,?,p.A~ /..~~ SARAl-l JOY 00 er tt ~"""-~ ..... ~, ~, ;;c~lo-,( state of giififomla J V Cou.,..,,ConlraCOsta ) ~.f,.., oJ<;-~ .r.,,_,_ On t,i,.to«t, g,.oc~ , before me. 1he undersigned lllelll~~Ne, pereonally ,ppeared KATHRYN M. VENEZIA Cl personally known lo me -OR --proved 1o ,,,. on Ille basis of oalisfaoloty evidooc. to be the parson whose name is subetlibed to 11,ewitl\in instrument and acknowledged 1o ma that &he executed the same In her aulh-capacity, and Iha! by her elgnalUre on the in&ll'umant th• parson or the entity upon behalf of which the ~erson acted. exeouied lhe lnslrurmmt. -15- State of California ) County of San Diego ) On---~,--~~~~• 2004, before me, the undersigned Notary Public, personally appeared OAKLEY G. PARKER □ personally known to me -OR --'I'( proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized ·Capacity, and that by his si ure on the instrument the person or the entity upon behalf of which the person acted, exec ed he instrument. I. ~------······1 K. GREENMAN JR fl Commlsalonf#13320B6 j; Notary Public -C■Hfomi.a ~ ~ San DJago County I 0 • u .My2°':'1q~res::,21~2:5 State of California ) County of San Diego ) On--,-,,====-=-=-' 2004, before me, the undersigned Notary Public, personally appeared JOHNELLE PARKER □ personally known to me --OR --!(proved to me on the basis of satisfactory evidence to be the person whose·name is subscribed to the within Instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her nature on the Instrument the person or the entity upon behalf of which the person acted, xe uted the instrument. State of California ) County of San Diego ) • K. GREENMAN JR e CommlBBIOn# 1332088 ~ ~ Notary Public -California ~ J San Ola.go County ( MyCornm. Eicplroe NovV, 2005 wuowwuce•••• On December 28, 2004, before me, the undersigned Notary Public, personally appeared OAKLEY JOB PARKER □ personally known to me --OR --ll(proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the I t men! the person or the entity upon behalf of which the person acted, executed the Inst nt. nd official seal. Parker Fam!ly Properties, LLC Operating Agreement -16- i· e e e e e • e • e e • 7 K GREENMAN JR a Commission# 13320B6 i Notary Publlc -Callfomla ~ j San Diego County !I u a w 0My,;°';'1!t,OO::':V.:.2~ ft!tl /Z:l~..,._,tl GU(UH PAGE 03/6S 11.t ,C,..,.,.6'<.;.. i(... ~ 't ~-~"'-"- Cou~of____ ) Co of ____ l ~-"--~.,,;:,:..., On .l keca,l.,'.!QOS . bef01e me. the IJlldersigned H•lwJ Ptthllc, pe1$onalfy appeared SARAH JOY L YWOOO ti por$0nally known to m• •· OR -{r\lroved to me on the basi$ of oatlofac!Ofy evldsnce to be the pe""'" who9e name 1$ subsclibed to the Within lnalrument artd acl<nowledged torn• that she axaeuted the same 1n her authot1i:ed capaol(y, and that by her si_gnatun> on th<> !""1rum&nt the person or !he entity upon behlllf QI which the person acted, eMouled the iMtru,,,..nt. ~ -..I. c,,,.,-,.;_,-_ t-o,..,_. ~ '--t ,.,.,..,.. PllrbtFamlly~ U.C o,,.~g~ -17- EXHIBIT"A" INVESTORS AND NUMBER OF SHARES NAMES Kathryn Margaret Venezia 560 Highland Drive Danville, CA 94526 Oakley Job Parker 2305 Vista Grande Dr. Vista, CA 92084 Sarah Joy Lywood Xxx XXX Oakley G. Parker & Johnelle Parker Co-Trustees of the Parker Family Trust, dated August 29, 1995 3215 Maezel Lane Carlsbad, CA 92008 SHARES %INTEREST 300 30.0% 300 30.0% 300 30.0% 100 10.0% INVESTORS CAPITAL CONTRIBUTION NAMES Kathryn Margaret Venezia 560 Highland Drive Danville, CA 94526 Oakley Job Parker 2305 Vista Grande Dr. Vista, CA 92084 Sarah Joy Lywood Xxx XXX Oakley G. Parker & Johnelle Parker Co-Trustees of the Parker Family Trust, dated August 29, 1995 3215 Maezel Lane Carlsbad, CA 92008 Perk.er Famlly Properties, LLC Operating Agreement -18- CASH CONTRIBUTIONS SET FORTH BELOW $0.00 $0.00 $0.00 $0.00 NAMES Kathryn Margaret Venezia _560 Highland Drive Danville, CA 94526 Oakley Job Parker 2305 Vista Grande Dr. Vista, CA 92084 Sarah Joy Lywood . Xxx XXX Oakley G. Parker & Johnelle Parker Co-Trustees of the Parker Family Trust, dated August 29, 1995 3215 Maezel Lane Carlsbad, CA 92008 INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 660 CARLSBAD VILLAGE DR., CARLSBAD, CA 92008 AND MORE PARTICULARLY DESCRIBED BELOW: 30.0% 30.0% 30.0% 10.0% The subject real property is developed land, commonly known as 660 Carlsbad VIiiage Dr., Carlsbad, CA, and more particularly described as: APN: 203-304-26-00 . PARCEL 1: THE WESTERLY FIFTY FEET OF LOTS 31 AND 32 IN BLOCK 38 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL 2: THE WESTERLY FIFTY FEET OF LOTS 29 AND 30 IN BLOCK 38 OF TOWNSITE OF CARLSBAD, IN THE CITY OF CARLSBAD, COU8NTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. Parker Family Properties, LLC Operating Agreement -19- EXCEPT THE NORTHWESTERLY 5 FEET OF SAID LOT 29. PARCEL 3; THAT PARCEL OF LAND THAT LIES BETWEEN THE WESTERLY FIFTY FEET AND THE EASTERLY FIFTY FED OF LOTS 31 AND 32 IN BLOCK 38 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL 4: THAT PARCEL OF LAND THAT LIES BETWEEN WESTERLY FIFTY FEET AND THE EASTERLY FIFTY FEET OF LOTS 29 AND 30 IN BLOCK 38 OF TOWNSITE OF CARLSBAD, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1887. EXCEPT THE NORTHWESTERLY FIVE FEET OF SAID LOT 29. Parker Family Properties, LLC Operating Agreement -20- ( City of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov A proposed project requiring application submittal must be submitted by appointment*. Please call 442-339-2600 to make an appointment. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: ______ square feet x $, ___ ~/sq. ft.=$, ________ _ ⇒ Residential Addition Square Footage: ______ square feet x $, ____ /sq. ft.=$, _________ _ ⇒ Any Garage Square Footage: ______ square feet x $, ____ /sq. ft.=$, _________ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ ____ /sq. ft.=$, _________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft.=$, __________ _ COST OF DEVELOPMENT ESTIMATE:$ pttJO i$ u,J-..·,, '_). B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0 2. A Coastal Development Permit {$60,000 or more cost estimate) D C. Street address of proposed development 660 Carlsbad Village Dr P-6 Page 1 of7 Revised 3122 D. Assessor's Parcel Number of proposed development 203-304-26-00, 203-304-31-00 E. Development Description: Briefly describe project: We currently have a temporary Covid Patio dining area of approx. 472 net sq. ft., and would like to maintain it permanent as part of the restaurant. F. Describe the present land uses {i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Commercial building South: Carlsbad Village Drive East: Commercial Building West: Parking Lot G. Is project located within a 100-year flood plain? □Yes [x] No IL PRESENT USE OF PROPERTY A. Are there existing structures on the property? [gives 0No If yes, please describe. Commercial resta1Jrant h11ilding B. Will any existing structure be removed/demolished? D Yes ~ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill, LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. P-<S Page 2 of7 Revised 3/22 % % % % P-6 B. Parking: Number of existing spaces 21 Number of new spaces proposed 18 Existing/Proposed TOTAL: 18 Number of total spaces required 18 Number of covered spaces 0 Number of uncovered spaces 18 Number of standard spaces 11 Number of compact spaces 7 Is tandem parking existing? D Yes# 0 No Is tandem parking proposed? □Yes# __ 5:]No C. Grade Alteration: Is any grading proposed? D Yes G] No If yes, please complete the following: 1. Amount of cut ____________________ cu. yds. 2. 3. 4, 5, Amount of fill ___________________ ,cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3of7 Revised 3122 Development Services Planning Division CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (City of Carlsbad 1635 Faraday Avenue (442) 339-2610 www.carlshadca.gov PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 1S064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 1S183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. If an item in the checklist is deemed to be not applicable to a project, or ls less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 8 Revised 6122 City of Carlsbad Climate A~ ,n Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensrve project when compared to the existing designations/ Yes No Ix] □ lf''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCO,e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have be€n determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? Single-Family Housing: 50 dwelling units Multi-Family Housing: 70 dwelling units • Office: 3S,OOO square feet • Retail Store: 11,000 square feet Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ lfnNon, the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of carlsbad Guidance to Dfmonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with california Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reductmn program and Step 2 of the Checklist. Page 2 of 8 Revised 06/22 City of Carlsbad Climate A~ ~n Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Property Address/APN· 660 Carlsbad Village Drive / 203-304-26-00 and 203-304-31-00 Applicant Name/Co.: Darrin Campbell Applicant Address: 347 Monarch Bay Dr, Dana Point, CA. 92629 Contact Phone: 949.235.5982 Contact Email: dda@monarchdd.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Maria Hallimore Robinson Hill Architecture 3195 B Airport Loop Costa Mesa, CA. 92626 Contact Phone: 951.337.7012 Contact Email: hallimore@rhainc.net Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $_1~5=0~0~0~------- □ Alterations: □ BPV < $60,000 □ BPV;::: $60,000 D Electrical service panel upgrade □ BPV?: $200,000 BPV;::: $1,000,000 D New construction P-30 N/A 1A and 4A 4A 1A and 4A 2B Page 3 of 8 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Multi-family dwellings only where <::$1,000,000 BPV AND affecting ?:75% existing floor area Revised 06/22 City of Carlsbad Climate/-,, .Jn Plan Consistency Checklist 00 Alterations: □ 8PV 2: $200,000 or additions 2: 18,S 1,000 square feet □ 8PV 2: $1,000,000 1B, 2B and 5 Building alterations of 2: 75% existing gross floor area □ 2: 2,000 sq. ft. new roof addition 28 and 5 18 also applies if 8PV 2: $200,000 Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section. A. D Residential addition or alteration 2: $60,000 building permit valuation. See Ord. CS-437. Year Built Single-family Requirements □ Before 1978 Select one: '.J Duct sealing C Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package 0 Water heating package □ Between 1978 and 1990 □ 1991 and later B. D Nonresidential' new construction or alterations 2: $200,000 building pennit valuation, or additions 2: 1,000 square feet. See CALGreen Appendix AS, as amended in CS-437. AS.203.1.1.1 □ Outdoor lighting .90 Allowed Outdoor lighting Power AS.203.1.1,2 0 Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: 0 .95 Energy budget □ .90 Energy budget AS.211.1.** □ On-site renewable energy AS,211.3** [! Green power Iii offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators P-30 Page 4 of 8 □ N/A _________ _ □ Exception: Home energy score 2: 7 (attach certification) Multi-family Requirements □ Attic insulation Seledone: 0 Attic insulation D Duct Sealing Select one: 0 Cool roof Cl Lighting package □ Water heating package ~ N/A scope of work is 512 SF !XI N/A ~ N/A !XI N/A ~ N/A IE N/A N/A Revised 06122 City of Carlsbad Climate A, .,n Plan Consistency Checklist AS.213.1 D Steel framing N/A • includes hotels/motels and high-rise residential buildings '* For alterations?: $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. D Residential new construction. Refer to carlsbad Ordinance No. CS-437 for requirements, which amends Section 150.l(c) of the CEC for single-family residential; and Section 170.2(d) of the CEC for multi-family requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-447, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CfA #d.u. Calculated kWdc* sheets if necessary) Total System Sile: kW de= (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ?:$1,000,000 BPV and affecting ?:75% existing floor area, or addition that increases roof area by ?:2,000 square feet. Please refer to Carlsbad Ordinance CS-437 when completing this section.• Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: D If< 10,000s.f. Enter: S kWdc Min. System Size: □ If?: 10,000s.f. calculate: 15 kW de x (GFA/10,000) 0 kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. • New CEC standards also require battery storage systems meeting the requirements if Reference Joint Append1xJAl2 of the CEC. P-30 Page 5 of 8 Revised 06/22 City of Carlsbad Climate 1-. .on Plan Consistency Checklist A. D Residential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. □ For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. D Gas or propane system with a solar water heating system and recirculation system D Exception □ For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: □ Recirculation system □ Solar water heating system that is either: □ .20 solar savings fraction D .15 solar savings fraction, plus drain water heat recovery D Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D Water heating system derives at least 40% of its energy from one of the following {attach documentation): D Solar-thermal D Photovoltaics □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 □ Recovered energy Revised 06122 City of Carlsbad Climate A Jn Plan Consistency Checklist A. D Residential -New construction and major alterations* Please refer to Carlsbad Ordinance CS-437 when completing this section. □ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) □ ADU (no EV space required when no additional parking facilities are added) □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : D Multi-family residential· D Exception • Total Parking Spaces EVSE Soaces Proposed for New capable Ready Installed Total Construction (10% of proposed) (25% of proposed) {5% of proposed) Total Proposed or Altered capable - Spaces (Major (10% of proposed) Alterations)"'* Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 I rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "(apable," "Ready" or "Installed.") -Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation 2: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit 11oluation 2: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. ••when new parking facilities are added, or electrical systems or lighting to existing parking fac1l1t1es are added or altered and the work requires a building permit, 10"/o of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B D Nonresidential new construction {includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation-Refer to the table below· Total Number of Parking Spaces provided Number of required EV Spaces (Capable) Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 4 1 □ 26-50 8 2 □ 51-75 13 3 □ 76-100 17 5 □ 101-150 25 6 □ 151-200 35 9 □ 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/22 City of Carlsbad Climate/-, ,:>n Plan Consistency Checklist A. List each proposed nonresidential use and gross floor area (GFAJ allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of earls bad Employee ADTTable. Use GFA Employee ADT/1,000 S.F. Total Employee AOT Restaurant 512 Sf 11/1,000 5.6 Total 5.6 If total employee AOT Is greater than or equal to 110 employee AOT, a TDM plan is required. "NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TDM plan required: Yes D No 5il LOE Staff Verification: □•----~ I staff initials) P-30 Page 8 of 8 Revised 06/22 ( City of Carlsbad Certificate of Accuracy P-37 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov Project Name Le Papagayo Type of permit(s) applying for Coastal Development Permit (Minor) Site Development Plan (Minor) p.37 CITY OF CARLSBAD • PLANNING DIVISION CERTIFICATE OF ACCURACY I certify all documents and plans clearly and accurately show all existing and all proposed buildings, structures, access roads, and utilities/utility easements. All proposed land use activities, improvements to land, and/or building modifications or additions are clearly labeled on the site plan of the approved plan set. I understand that any potentially existing detail within these plans inconsistent with the site plan are not approved and may be required to be altered or removed. The submitted documents and plans show the correct dimensions of the property, the buildings, and structures and their setbacks from property lines and from one another, access roads/easements, and utilities. The existing and proposed use of land and of each building as stated is true and correct. Further, all improvements existing on the property were completed in accordance with all regulations in existence at the time of their construction, unless otherwise noted. All easements and other encumbrances to development have been accurately shown and labeled as well as all on-site grading/site preparation. Applicant: f}rl.&:"1'1 ~ Date: 07.13.23 Page1of1 Rev. 212022 STORM WATER STANDARDS QUESTIONNAIRE.· Deve/QI!Jne(Jt .Servil'es_ La.o~ Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: I To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire wm also determine if the project is subject to TRASH CAPTURE REQUIREMENTS. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the devetopment application, If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development appllcation as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnalre must be submitted with each development project application. On.,, one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrentlv. . PROJECT INFORMATION PROJECT NAME: Le Papagayo APN: ADDRESS: 660 Carlsbad Village 203-304-26-01 & 203-304-31-00 The project is (check one): D New Development D Redevelopment NIA The total proposed disturbed area is: O ft' ( ) acres The total proposed newly created and/or replaced impervious area ls: O ft' ' ) acres If your project Is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E·34 Paga 1 of 4 REV 04/23 ' • :,., .. < . . ,reP,1c ... • . ••• . .. , TO SI: COMPLETED FOR /ILL J1ROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? D 181 If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating ''my project Is not a •development project' and not subject to the requirements of the BMP manual" and complete applicant Information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2 . . •· ..... ·· . STEP2 . •• •• . • '' TO' BE .<lOMeLETEP FOR,.I.L DEVELOPi,.i,E~T l"~C>Jects •.• ,, ' '·' ··••· <;; To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance wilh USEPA Green Streets auidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? D 181 D 181 D 181 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating «my project is EXEMPT from PDP ... "and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): lf you answered "no" to the above questions, your project Is not exempt from PDP, go to Step 3. E-34 Page 2 of,t REV O,t/23 YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, D ~ and public development projects on public or private land. 2. Is your project a redevelopment project creating andlor replacing 5,000 square feet or more of Impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of D 18] impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant Is a facility that sells prepared foods and drinks for consumption, includlng stationary lunch counters and O 181 refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside D 181 develo ment ro·ect Includes develo ment on an natural slo e that is twen ~five rcent or reater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a O 18] land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project O I&] site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles trucks, motorc ales and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Envlronmentally Sensitive Area (ESA)? ~Discharging Directly to" includes flow that is conveyed overland a distance of 200 D 181 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an Isolated flow from the project to the ESA (i.e. not commingled with flows from ad'acent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ 181 shop is a facility that is categorized in any one of the following Standard lndustrlal Classification {SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. ls your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category Includes □ 181 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles er day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D l&I and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of Impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC O 181 21.203.040 If you answered ~yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Envlronmenlally Sensi\ive Areas Include bol are not llmlled to all Clean Water Act Section 303(d) Impaired water bod!es: areas designated as Areas of Special Blological Significance by the State Waler Resources Control Board (Waler Quality Control Plan for lhe San Diego Basin (1994) and amendments}; water bodies designated with lhe RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan ror the San Diego Basin (1994) and amendments); areas designated as preserves or the!r equivalent under the Multl Species Conservation Program w1lhln the Cities and Counly of 88n Otego; Habitat Management Plan; and any other equivalent envlronmanlalty sensitive areas which have been Identified by the City. E-34 Page 3of4 REV 04/23 • ~ .. .. _ . . ._. . . . STl,P4 . . . . , . • . " TO BE COMPLlcTED FOR REDE\/lcLOPMiNT PROJECTS THI\ TAllE. PRIORITY DEYE~OPME~T l'RlliE~TS (PDP) • ·. · . -.ONLY·: -·' ,--·.--•. __ ..... -.·. '·.. _, · · Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impeivious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= sq. ft. □ 12!1 Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*1 DO -% If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, complete the trash capture question. If you answered "no," the structural BMP's required for PDP apply to the entire development Go to step 5, complete the trash capture question. ·. •• • .. STEPS ·• . • • • • •. TO.BE COMPLETED.FOR ALL DEVELO)'MENT PROJECTS • . Complete the question below regarding your Project (SDRWQCB Order No. 2017~0077): YES NO Is the Project within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ 12!1 Commercial), L (Local Shopping Center), R (Regional Commercial), V~B (Village~Barrio), VC (Visitor Commercial), O (Office), VC/OS (Visitor Commerclal/Open Space), Pl/O (Planned lndustriatlOffice), or Public Transoortation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, ffMy project Is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as determined in step 3. If vou answered "no". Go to sten 6 check the second or third box as determined in steo 3. . . ._ ._. . ... _ •• ·, .. -... · . • STEP~. . .• , , •. ,. < •• •·' •. . · CHEC.K THE APPROPRIATE BOX(ES) AND COMP.LETE APPLICANT IN.FORMATION ·' ". . . TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE □ My project is subject to REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). □ My project Is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality Management Plan (TCSWQMP) per E-35A. D My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. [ii My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Darrin Campbell Applicant Title: Restaurant Owner Applicant Signature: ~ Dale: 07.18.23 E-34 Page4of4 REV 04123 ( City of Carlsbad Community Development Department -Planning Division Project Facility Availability -Water {Form P-99W; Refer to Info-Bulletin 18-116 for processing instructions) DISTRICT CASHIER'S USE OM.Y Dlg/Ataxmt; ----Date/Am11unt: ____ _ Approved By: ---- 660 CarJ5bad Village Drive2D3-304-2S.OO and 203-304,31-00 Project Name Project Address and Assessor Parcel Number(s) A. Project KGpe (Aespond to ell seven lt.nsJ 1. ls a draft site plan attadied to this Project Facmty Avallabirity Form: ii Yes □ No 2. Project type (select all that apply): 3. 4. 5. 6. 7. 8. □ Sln,le-family ( __ total units) □ Multl.famlly ( __ total units} □ Office ( ______ total square footage) Iii Commercial ( 7,402 total square footage) □ lndustrl;1I ( total square footage} Is the project proposing use of redalmed/recycJed water? □Yes iO No Property is served by the following water district: iii Carlsbad Municipal Location of nearest existing public water main: Carlsbad Village Dr □ 0llvenhaln Munlclpal □ VaUecitos //' Water main size: --12_ Inches Proposed connection point(s) to exlstlnS water main:----~~~--------------------- Was a water study prepared for this project? □ YRS ~ No (If yes, attach a copy of the report} What was the estimated maximum day demand? ______ _ What was the peak hour demand? ______ _ Was a copy oft he completed & signed P-99F form attached? iii Yes O No (Datrk:t w/J/ ~ prgciu P.99W without a P•99F attached) B. Dedaratlon By signing below, the appllcant acknowledges that the Information provided is accurate and acknowledges that any significant modification of the· proposed project may result In changes to the CFD's draft wndltlonJ/availob/1/ty to serve. /l"fa,t/4 t'(~ Marla Halllmcre 07.05.23 Appllcilnt Signature 951.337.7012 haKimore@rhalnc.net Applicant Name Date 3195 B Airport Loop, C~ta Mesa, CA 92628 Phone Number Email Address Malling Address Oncfl compl.ted and slfllled, p/VSflfll this.Alim b the &fllllfng Wllerdalnct forpt!X:ffS/ng The Information below Is based on a cursory review of the information provided on this farm (pre-ftllng of a formal land use development application), Changes or modificat/an In use, construction type ar site design may Impact water requirements. The appf/cant Is encouraged ta pracessanupdatedjormlfthf/Jro}ect~hanp,.e,, ' ' } '\ I 'hlL-f . DlstrlctName: Calbloerd ll'..J1Jt11'1r~ tun.~ J/JSlf '°' 1. ~ Project is entlrely within the d!strlct □ Project Is not entJrely within the district, and a potential boundary !ssue exists with the following district: -:----,,--;c-r,--,,,,,.r □ Project Is not in the district, but within the sphere oflnfluence boundary (owner must apply for annexation) SE? 2 9 2~'?J □ Project rs not In the district and not within the sphere of Influence boundary bi{' Facllltle$ to service the proposed project ~RE O ARE NOT reasonab(y expected to be avaf!able wlthlh the next five years If not available, reason: ' ' 2. 3. ~ Project conditions not required □ Draft district conditions for the project attached. Total number of sheets attached: ___ _ 0 Conditions will be provided after the project has been Sllbmitted and deemed complete by the Plannlng Division □ lfchuked, the Planning Divl5ion Is instructed to route submitted appllcatlon/plans to district for further review. 4. □ Applicant will be required to prepare a water system analysis: □ Yes 1""No (Note: Upslilng may be required based on flow, velocity, and pressure requirements) va/labl/lty Form Is valid unW Jfnal dlmttlonal)I action Is taken pursuant to the app/Jcatfon for the proposed project unless a Is otherwlu nottd. 11,1s daqrmcnt Is not a cqmmltment offflll.lft or lacllJt/u of thf Dlstrlrt. Th~ compkted form Is ta be unity Development Department {1635 Faraday AVl!'tllM!} as part of the disc~fionory ~rmlt appfkatfon. OJstrict Staff Name (Printed) mark!~. wcl<ri.L@ mr/,tyJc11. gov Email Date 442,-,?fj-Z3Z7- Phone number PFA Form Water_P-99W_Jan. 2023 (City of Carlsbad Community Development Department-Planning Division Project Facility Availability -Wastewater (Form P-99S; Refer to Info-Bulletin 18-116 for processing instructions) DISTRICT CASHIER'S USE OM.Y Ors/Account: oate/Al'IIOUnt: ----- ApprovedBy: ---- LePa~gllYO 660 Ca~sbad Village Drive 203-304-26-DO and 203-304-31-00 Project Name Project Address and Assessor Parcel Number{s) A. Profect scope (Respond ta ■II four Items) 1. rs a draft site plan attached to this Project Facility Avallabllity Form: Iii Yes D No 2. Project type (select all that apply): 3. 4. 5. □ Single-family ( __ total units) □ Mult1¥famlly ( __ total units) □ Office ( ____ total square footage) Ii Commercial( 7,402 totalsquarefootage) D lndustrlal (0_~~_,,totalsquarefootage) £J/I Location of nearest existing public sewer main: &aFl9bad VIiia e--fl'r J4QJ1.>Ql/l c'5i:. Sewer main slze: _CJ __ Inches Proposed connection polnt(s) to existing sewer main: ,-~ .. -.f'jF',,fflm,ilrlf-Crnfnvu\,\',;'[tm,~,I------------------ Property is seived by the following wastewater district: ~IHA~ 'b Leucadia □ Vallecltos B. Decl1ratlon By signing below, the applicant acknowledges that the Information provided Js accurate and acknowledges that any slgnlj}cant modification of the proposed project may result in r:honges to the CFD's draft condltlons/ovo/lobllity to serve. 7nau.a-,V~ Maria Ha!imore 07.05,23 Applicant Signature 951.337.7012 tian!more@rhalnc.net Applicant Name Date 3195 B Airport loop, Costa Mese, CA. 92626 Phone Number Email Address Mall!ng Address Once oomplflf9d end sii;r,ed, present tlis ibm to th• a.,-v/ng W4fer dsllfct forproa1sslng The Information below is based an a r:ursory review of the Information provided an this farm (pre-ft/Ing of a formal land use development app//cotlan). Changes or modification In use, construct/an type or site design may Impact water requirements. The opp/leant Is encouraged to process on updotedfo'": i the project chan¥s. J Dbtrkt Name: I of-. lJ.V1Sfutl 1. ~Project Is entirely within the district D Project Is not entirely within the district, and a potential boundary Issue exists with the fol/owlnlJ di_strict: ____ ~~---- 0 Project Js not in the district, but wrthln the sphere of Influence boundary (owner must apply for aniiexation) □ Project is not in the district and not within the sphere of influence boundary 2. t{" Facllltles to service the proposed project tf ARE O ARE NOT reasonably expected to be available within the nerlfive years Jfnot avallable, reason: ________________________________ _ 3. ~Project condlt!ons not required D Draft district conditions for the project attached. Total number of sheets attached: ___ _ D Conditions will be provided after the project has been submitted and deemed complete by the Planning Division 4. D Jf checked, the Planning Division Is l~~:~.~~~f,eite submitted application/plans to district for further review. D Applicant will be required to prepare a ""'~alysls: D Yes a,:;fi'o (Note: Upsizlng may be required based on flow, velocity, and pressure requ{rements) This Project Facility AWJl/ablllty Form Is volld untll final discretionary action Ts taken pursuant to the oppllcatlon far the proposed pro}«t unless a sh r explratkm otherwise noted. 111& document &: not a commltmfflt of s,n,/q or frldlltl,s of n,, p&trkt. The completed form /s tu be Jtted C Jty Devefopmerrt Deportment {1635 Faraday Avenue) as port of the dlscretlonary permit oppllcatfon. ....... District Staff Name (Printed) rVJad:ib. mclirle0.mv'lsrujca., :Ji Email 'o I I lq / -z,o 'k'} DatJ {. #1,-? ';Ff -i .,_, z,Z, Phone number PFA Form Wastewater_P-99S_Jan. 2023 (city of Carlsbad Community f' <>fopment Department -Planning Divi' Project facility Availability -Fire (Form P-99F; Refer to Info-Bulletin 1B-116 for processing instructions) APPLICANT INFORMATION & PROJECT DESCRIPTION (COMPLETED BY APPLICANT) Le Papagayo 660 Carlsbad Village Drive 203-304-26-00 and 203-304-31-00 Project Name Project Address and Assessor Parcel Number(s) A. Project scope (Respond to all seven ttems> 1 Is a draft site plan attached to this Project Facility Availability Form: ii Yes □ No 2 Service type (please select one): C Single-family 0 Multi-family ii Commercial □ Office □ Industrial □ Mixed-use 3. Emting hydrant(s) location (GPS, address, or cross street): Madison St and Carlsbad Village Dr No. of hydrants proposed. 1 4. Total number of buildings on site: Existing: 2 Proposed: 5. Tot<1I size of l<1rgest building on the site: bldg.5549,pati0 1853 square feet 6. Total height of t<1llest building on the site: 2 feet; 1 stories 7. Construction type for proposed structures {choose one): □ I-A ::J 1-B 0 IIA 0 IIIA □ IV 0 V·A □ 11B □ 111B Iii! V-B B. Declaration By signing below, the applicant acknowledges that the information provided is accurate and acknowledges that any significant modification of the proposed project may result in changes to the CFD's draft conditions/availability to serve. 7na,.a. r/~u. Maria Hallimore 07.05.23 Applicant Signature Applicant Name Date 951.337.7012 hallimore@rhainc.net 3195 B Airport Loop. Cos1a Mesa. CA. 92626 Phone Number Email Address Mailing Address Once completed, present lhe fo,m to Carlsbad Fire Department (CFD), Attention Fire Prevention at 1635 Faro day Avenue, Carlsbad, 92008 FACILITY AVAILABILITY (COMPLETED BY (FD) The information below is based on a cursory review of the information provided on this form (pre-filing of a formal land use development application). Changes or modification in use, construction type or site design may impact fire requirements. The applicant is encouraged to process an updated form if the proJect changes. A more detailed review will be completed once a formal permit application has been filed with the Community Development Department, which will include reviewing existing and proposed public streets, private streets, and fire lanes for adequate width, turn-a-rounds, parking restrictions, overhead clearances, load capacity, turning radii, etc. to ensure that response times are not unnecessarily delayed. 1 Closest serving fire station: Fire Station No. 1 2. Project is located within following Fire Severity Zone: 0 Very High □ High □ Moderate *Not located in a Fire Zone 3. Fuel modification requirements: nLa feet from structures, 4. Project design features will need to be incorporated into building or site design: D Yes OJ No ' 5 ::J No conditions required .. . ::J Draft CFD conditions for the proposed project as described above provided. No, pages attached: SE0 2 9 2021 C CFD will submit conditions after the project has been submitted and deemed complete by the Planning Division_ ,: ·, ,. Kl If checked, the Planning Division is instructed to route submitted application/plans to district for furth~r ~~ew 6. Fire flow requirements: n/a GPM @ 20 PSI for n/a hour{s), 7. Fire sprinklers will be required: □ Yes @ No *open trellis This Project Facility Availabilfty Form is valid until final discretionary action Is taken pursuant to the application for the proposed project un/«ss a shorter expiration date is otherwise noted. lbfs doqnnfnt Is not q commJtmcnt of ,c,ykf o, fadlltl@ of qp. The completed form Is to IH! submitted to the Community Development Department (1635 Faraday Avenue) as part of the discretionary permit application. §~ 01,,ut,J Gina Ruiz 717/23 CFD Staff Signature CFD Staff Name (Printed) Date r'ire Permit Technician II gina.ruiz@carlsbadca.gov 442-339-2731 Title Email Phone number PFA Form Fire_P-99F _Jan. 2023 '"""" -"' ''-'"~· ITRC<O'l,Rf □ REE T -◊- ------·-1 ' i ,-,-----7 ' ' ' I I I ' ' ' I I :::;,~ I "'""''"'! --$- ------------ G '"'""""""'"" E] .. s,,o;n,fy El '""""w"" El E:<JS,NOELECrR"'-""11CHOCAA Fl '"""' GRr~1r,,1<ee<e,c., :r~rn,, --------""'O<MOI.''"" -------➔ :E)=<"'BlC"l>IOCT><,n ===,-=-,E>P-RTYLI-S I SITE INFORMATION cm,, OE<t<,pn,;,. TIS"''°''" LOTS 2'THRU3' ,r,.c=, '""'"" ,, .. :,uCE □["'°"'TIOW"" '"""'-' '""""°'"' •~ '""'"" '""''"" "'"""""-'"""''""""'"' """"'"'"' cOTC1AS91",00.1'0N«-""'"-·""''~'-'~''"' ~,.,,.,~"~' "''" """'°'"""'~ '""'""""·""""""''"" PARKING TABULATION '"'"""""'""'""'""" ,, "''""°'""'"''""""" ornn"""'°""""""""'" LEGEND EXISTING OVERALL SITE PLAN ''"' ,,,,_,._, 01: GENERAL NOTES ••• ~-... """"'=.~, ,c,,,.__ ,~,...,.., ""_,,.__,,. C..o"-C< "'" .. ,,,_.,. _ _, ~-,,,_,,,_..., w~ >O -o 0 ~N 0~ >--w" ~z <( "i ~ e (!) =a! ::2 >- ' <( Cl :;_i ~ a... ;:au <( 000 ~~ o._ ~m I w ;_5'.j 0~ _J ~~ e ~u o- "'"""-"-· •~~•Sffln, O'OSl' AOOI [ ",--+ 'J M A D ~'" ~" ~" C ' J "~ ~ ~·. i "_,.I ' I w- S O N STREET EXISTING RESTAURANT NOT IN SCOPE 0 • EXISTING SITTPLAN w > w > 01 Fl '"'n"'""'"""'""' ,.,·· Fl""",.,._., El '""'""''"'""" m" """" "'" ""'""' """"~ """ El...,,"" El"'""'""'""',..,"""" 0 cxcn"3'/MC[LS,C;C ;~""""' ... """'"=" :F] CXCTl"3"'A.[CT0"'""" IFl [XOTl"OOCN~• ll'.J"'111""""C(X,a""." H ""'"''"M"""""'' D rxon.,cue, [:] ""'"""'"""' '"""""" SITE INFORMATION PARKING TABULATION '""'"""""""'"'"'"' C<IC1'MG """"'""""" C,,STIMG<CCES,'6l[O,)Oj(;., P-1MG10T"- K~YNOTES --------TOB£0f"°'-' -------➔ "'""'"~'"''" '""" -------:'>""""''"'·"' ''"'""'"" """"''"''""'"'" ""'"' SYMBOL LEGEND (SITE PLAN) A002 p u B --------"'"''"-""----------- EXISTING ADJCENT COMMERICAL STRUCTURE -7~1 ' I ' I ' ~ ' -I : ' ' 't' ·•P'"'"'"~ ' ---------""""'' .. -------------' I:~ ob cO',[!] '' :ni JiiiJ, [Ir Q HJl -[!Llt1Lc'ilL!Il C A L L E y I : ' w I i j i I ' " l ' ' ' ' ' ' ' ' t ' ' ' ' ' ' ' ' r ' ' ' ' ' "' ' ' ' ' ' ' "' w > Gaa,.,,si:,o,,sDEe,nc E "'"'""'""'-"'"'-' KEYNOTES nm'"''"'"'""""'"""""'"'"°"" ><.;cEL"-""'"''''-'"-"' ""° l<'~""'0N .. "'''-'" o'5~'"<-'1 '"'""" W<Ol<S< C<O(;AA"ON '"""""' '"""'""' ,a '-"'''"'""''""' '·'-'"''"-""""""'"' ·" ""'"'"'-"· LOT ~•'""'A"')N c,-:RO,._ """"""'"' "" N>,taDOTRC' C.•C ,:;oc,_Ds,ac, :, •aeoeVELO<T,<r,T)ON' "' SITE INFORMATION "'"'""ST/""'"'"'"""'" '-"'''""""'"""'"'""" C<CTl"">Wssa,,"""" 'PARKING TABULATION ~ -],::~!;;:::::,,, oe,_, 1 1,~ !Ol~ MlMBER Cflo&<"'s.a,u.ceoo.,1s.Uf ""'' "),C,WC, TH' '" .. """'" "' '"'"°'-"' "''"" ' "" ''"'' ~,, "·" '"" "'"""'' Ha,OCL'J.>ST""'N< C<JT>DC F<C<'O"r """"""' '~'"'"'"'' -l ""'"'-' "''"'-l '6C RF0U'"""""'3'"DST,.D.oRo, '5 """"""'' ""'"'""'"""'"""'"'°'""'""""'"""'''" ""'"""'' """"'°""""""~"T"""'"''"'" ,,.,.,,,.va,..,o,.""""""~""" ""°"""IIREMF"'I '""'" ,...,o,.,.., TH,S"'""'l"O"l•C<,OE,]C"" "'"'"'"" '"''~ PROPOSED SITE PLAN "'" • .-., ~ 01 GENERAL NOTES ••• ~-•b..lJ--~--, 'c,,•-< ""'-·~ ,,,,_, ___ ,, ~--";7;_;;,_=,• "' ":..•;;,-:::, ........ ..._ ,_,.,,, -"-~' ,_,,.., s.-., """"";;:"-'. "'" "='T" """""""'-'' A003 ! I : I I j , , ' a . , , • • • j Ii ' ' ; --ie,1-0-- ' . • ' ' j . • , f-_l:0 -rn I ' ' s-"" - --l'I- l 1_ ' ! ' . , ; ' ' ' REFLECTED CEILING PL.AN =.,•.,-., • 02 " ~ FLOOR PLAN -,,.,,.., ~ 01 [,] ;,,ccwrw ',ON•>J.L ~ ~"'""'·"-"'~- [•" '~=~""'""'"''""~' r-· '~"'"""'"'~"'"" Fl ,~1">".,cocoo= Fl ,~m,..,.,,.,,, Fl '"' r= .CENT o,:rs;c,;~rr;oe<cc••• Fl '"' "'"'~ OfT«CWLr , ... ,c WflO'O[ R ,,,1 .. ,sc.cc,ro:,_,o:,,,,,,,.cocoEC• n '"""''''"" R '"' •= "-"'"""" KEYNOTES • •••• """"" "" "'"""'-~•·· '"''"-• """"~-,.,,_, .. ,.., ,-. ~ ""'··-·"' ""' " ,,._.,,_,.., '" '" ,,,, ... ...,...,._ ,-~m ·~-~--"" <->= w~ >O -o 0 oc-om >-we< "z <I: 'I oc Cl ::! ::2 ' >- ' <(a~ ' a_ ;=au_ i <I: 00 D ~< o...oc~ C <oo u~ I w oOC -' ~< ~u "~ ·°'"""''' "'"""c, AIOO -@Chicago Title Cvmpany 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00196243-993-SD2-CFU Cushman & Wakefield 12830 El Camino Real Ste. 100 San Diego, CA 92130 ATTN: Bill Cavanagh Email: bill.cavanagh@cushwake.com REF: Main Office Line: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY MADISON STREET & 660 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued. as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forlh in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parlies. 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 cerlain coverages are also set forlh in Attachment One. Copies of the policy forms should be read_ They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company Authorized Signature l : t '-. CL TA PrelIm1nary Report Form -Modified (11/17106) ,, 1/1-#cf ;le'_ .\!khadJ Sol.on Pr<·<•knt Page 1 -@Chicago Title Co,npany 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: July 18, 2023 at 7:30 a.m. ORDER NO.: 00196243-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PARKER FAMILY PROPERTIES, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Prelirrnnary Report Form -Modified ( 11/17106) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Tille Company ORDER NO .. 00196243-993-S02-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (PORTION APN: 203-304-26-00) THE WESTERLY 50 FEET OF LOTS 31 AND 32 IN BLOCK 38 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL 2: (PORTION APN: 203-304-26-00) THE WESTERLY 50 FEET OF LOTS 29 AND 30 IN BLOCK 38 OF TOWNSITE OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. EXCEPT THE NORTHWESTERLY 5 FEET OF SAID LOT 29. PARCEL 3: (PORTION APN: 203-304-26-00) THAT PARCEL OF LAND THAT LIES BETWEEN THE WESTERLY 50 FEET AND THE EASTERLY 50 FEET OF LOTS 31 AND 32 IN BLOCK 38 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL 4: (PORTION APN: 203-304-26-00) THAT PARCEL OF LAND THAT LIES BETWEEN WESTERLY 50 FEET AND THE EASTERLY 50 FEET OF LOTS 29 AND 30 IN BLOCK 38 OF TOWNSITE OF CARLSBAD, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1887. EXCEPT THE NORTHWESTERLY 5 FEET OF SAID LOT 29. PARCEL 5 (APN: 203-304-31-00) LOT 27, EXCEPTING THE NORTH 5.00 FEET THEREOF, LOT 28, AND THE NORTH 5.00 FEET OF LOT 29, ALL IN BLOCK 38 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 15, 1894. CL TA Preliminary Report Form -Mod1f1ed (11 /17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.· 00196243-993-S02-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024. 8. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease Oakley Parker Blockbuster Videos Inc. January 6, 1995 1995-0006589 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 3. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage August 5, 1996 Oakley Parker and City of Carlsbad September 5, 1996 1996-0450390 of Official Records Reference is hereby made to said document for full particulars. 4. Matters contained in that certain document Entitled: Recording Date: Recording No: Covenant for Easement September 5, 1996 1996-0450391 of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11117106) Page4 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 5. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Notice of Restriction on Real Property City of Carlsbad September 5, 1996 1996-0450432 of Official Records Reference is hereby made to said document for full particulars. Chicago Title Company ORDER NO .. 00196243-993-$D2-CFU Said document discloses an unrecorded redevelopment permit and coastal development permit no(s). RP 95-02/CDP 95-02 issued by the City of Carlsbad on November 1, 1995. 6. Conditional Certificate of Compliance Executed by: Dated: Compliance No.: Recording Date: Recording No: Lloyd Hubbs, City Engineer City of Carlsbad RCE: 23889 EXP. 12/31/97 June 26, 1995 Project No. & Name: CE 695.ADJ 464 July 11, 1995 1995-0294460 of Official Records Which among other things, provides for: A. If the above owners or any subsequent tranferee or assignee acquires any contiguous property other than a Lot or Lots shown on a recorded Subdivision map, parcel map or record of survey map filed pursuant to and prior to repeal (stats. 1955, ch. 1593) of Section 11575 of the business and Professions Code; B. Unless the driveway partially fronting the Lot covered by this certificate of compliance, on Madison Street, is relocated. Reference is hereby made to said document for full particulars. 7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Map No. 16052 8. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 9. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 10. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO .. 00196243-993-$D2-CFU 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS Cl TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE· REQUIREMENTS SECTION Chicago Title Company ~DER NO .. 00196243-993-S02-CFU 1. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party{s}, Party(si' All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: PARKER FAMILY PROPERTIES. LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c} If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 3. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's AffidaviUDeclaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested AffidaviUDeclaration. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11117106) Page 7 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ;~□ER NO .. 00196243-993-SO2-CFU 1. Note. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Affects: 203-304-26-00 2022-2023 $6,668.51 $6,668.51 $0.00 09098 Parcels 1, 2, 3 & 4 Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Affects: 203-304-31-00 2022-2023 $1,494.08 $1,494.08 $0.00 09098 Parcel 5 2. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 660 Carlsbad Village Drive, located within the city of Carlsbad California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. lf a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. CL TA Preliminary Report Form -Modified (11/17106) Page 1 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES (Continued) Chicago Title Company DER NO.: 00196243-993-SD2-CFU 7. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B 2006 AL TA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. AL TA Homeowner's Policy of Title Insurance (12-02-13) and CL TA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. AL TA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Form -Modified (11/17/06) Page 2 Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition. the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MUL Tl-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev. 12107117) Original Effective Date· 511112017 Current Version Date: 5/11/2017 TM and© Fidelity Nalional Financial. Inc. and/or an affiliate All nghts reserved ..@Chicago Title l,vmpany 2365 Norths1de Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Tille Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Tille Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) The discount will only be applicable to the FNF Company Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC-Fidelity National Tille Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of reccrd, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent {70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts {Rev. 01-15-20) MISC0164 (OSI Rev. 03/12120) Last Saved: July 26, 2023 by GP Escrow No. 00196243-993-$D2-CFU FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, '·FNF.'" "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information. and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g , name, address, phone number, email address); demographic information (e.g .. date of birth, gender, marital status); identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an '·FNF Website") from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing tnformatIon described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a '·cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer·s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not_Track. Currently our FNF Websites do not respond to "Do Not Track"' features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or pertorm services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. January 1, 2023) MISC0219 (OSI Rev. 01/16120213) Copyright© 2023. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00196243-993-S02-CFU to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers. or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent lo make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Yoµr Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able lo provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit \he "California Privacy" link on our website {https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-17 48. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at {888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General. 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents· For additional information about your Virginia privacy rights, please email privacy@fnf.com or call (888) 714- 2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting lnformalion do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights. property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any lime. The Privacy Notice's effective date will show the FNF Privacy Statement (Eff. January 1 2023) MISC0219 {OSI Rev. 01/16120213) Copyright@:-2023. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00196243-993-SD2-CFU last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information: Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: FNF Privacy Statement (Eff. January 1, 2023) MISC0219 (DSI Rev. 01/16/20213) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2023. Fidelity National Financial. Inc All Rights Reserved Page 3 Order No. 00196243-993-S02-CFU ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (11-09-18) EXCLUSIONS FROM COVERAGE The following mailers 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 loca\1on 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 m the public records at Date of Polley. 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 tn 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) resultmg in loss or damage which would not have been sustained 1f 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. lnval1d1ty or unenforceabil1ty 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 ban<ruptcy, 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 aulhonty that levies laxes 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 mspection of the land or which may be asserted by persons 111 possession thereof 3 Easements. liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a} Unpatented mming 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 unless such lien Is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER'S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and the Company will not pay loss or damage, costs, a\lorneys' fees, or expenses that arise by reason of: 1 a any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts. regulates, prohibits. or relates to· the occupancy, use, or enjoyment of the Land: 11 \he character, d1mensIons, or location of any improvement on the land; iii. the subdIv1sion of land: or Iv. environmental remediation or protection b any governmental forfeiture, police. regulatory_ or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2 Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7 3 Any defect. lien. encumbrance. adverse claim, or other matter Attachment One -CA (Rev. 11-04-22) MISC0267 (OSI Rev. 3116123) Page 1 last Saved: 7126/2023 2:12 PM by GP Order No. 00196243-993-S02-CFU a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company. not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d does not modify or limit the coverage provided under Covered Risk 9 or 10): or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated In Covered Risk 9.b. 5 Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6 Any lien on the Tille for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area. square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule Bas if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company Will not pay costs. attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PARTI (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 at Date of Policy but that could be (a) ascertained by an inspection of the Land. or (b} asserted by persons or parties m possession of the Land. 3. Easements. liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance. violation, variation, easement, 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 at Date of Policy. 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), (bl, or (c) are shown by the Public Records. 6. Any hen or right to a lien for services, labor. material or equipment unless such lien is shown by the Public Records at Date of Polley 7 Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, 011, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in Ia) or (b} appear in the Public Records or are shown in Schedule B. PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) CLTAJALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} that restricts, regulates, prohibits. or relates to: the occupancy, use. or enjoyment or the Land; ii. lhe character, dImens1ons, or location of any improvement on the Land; iii the subdivision of land, or iv environmental remedIat1on or protection. b any governmental forfeiture, police, or regulatory. or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1 a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20 23, or 27 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect. lien, encumbrance, adverse claim. or other matter: a. created, suffered, assumed, or agreed to by You. b. not Known to Us, not recorded in the Public Records al !he Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c resulting In no loss or damage to You, Attachment One -CA (Rev. 11-04-22) MISC0267 (OSI Rev. 3116123) Page 2 Last Saved: 7/2612023 2:12 PM by GP Order No.: 00196243-993-SD2-CFU d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f, 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Tille at the Date of Policy 4. Lack of a right: a. to any land outside the area specifically described and referred lo in Item 3 of Schedule A. and b in any street, road. avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21 5. The failure of Your existing structures. or any potiion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes_ Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6 Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors· nghts law, that the transfer of the Tille to You Is a a. fraudulent conveyance or fraudulent transfer: b. voidable transfer under the Uniform Voidable Transactions Act, or c. preferential transfer: to the extent the instrument of transfer vesting the Title as shown In Schedule A is not a transfer made as a contemporaneous exchange for new value, or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing. earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area. square footage, or acreage of the Land or of any improvement to the Land LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks Is l1mIted 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 m Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19_ Covered Risk 21· Your Deductible Amount 1 00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever Is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 00% of Policy Amount Shown m Schedule A or $5,000.00 (whichever i5 less) 1.00% of Policy Amount Shown In Schedule A or $2.500.00 (whichever Is less) Our Maximum Dollar Limit of_L1ability $10.000.00 $25,000.00 $25 000,00 $5,000 00 CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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 lim1tthe 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 pati 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 !hey 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 lhe 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 Liab11ity shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Attachment One -CA (Rev. 11-04-22) MISC0267 (OSI Rev 3/16/23) Page 3 Our Maximum Dollar Last Saved: 7/2612023 2:12 PM by GP Order No. 00196243-993-$02-CFU Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 Your Deductible Amount 1.00% of Policy Amount Shown m Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000 00 (whichever Is less) 1.00% of Policy Amount Shown in Schedue Aor $5,000.00 (whichever is less) 1 00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever Is less) AL TA OWNER'S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE limit of liability $10,000.00 $25,000 00 $25,000.00 $5,000.00 The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys· fees, or e:<penses that arise by reason of: 1 a. any law, ordinance, permit, or governmental regulation (including those relating lo building and zoning) that restricts, regulates, prohibits, or relates to: the occupancy, use, or enjoyment of the Land: ii. the character, dimensions, or location of any improvement on the Land; IIi. the subdivision of land; or IV. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6 2. Any power of eminent domain Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a created, suffered_ assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10), or e resulting in loss or damage that would nol have been sustained 11 consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Dale of Policy. 4. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act, or c. preferential transfer i. to the extent the instrument of transfer vesting the Title as shown in Schedule A Is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk g_b_ 5 Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6 Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area. square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule Bas if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner's Policy may be issued to afford ei/her Standard Coverage or Extended Coverage. In addition to variable exceptmns such as taxes, easements, CC&R's, etc .. the Exceptions from Coverage in a Standard Coverage policy will a/so include the Western Regional Standard Coverage Exceptions listed as 1 lhrough 7 below: (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 at Date of Policy but that could be \a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3 Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Polley. 4. Any encroachment, encumbrance, violation, variation, easement. 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 at Date of Policy. 5. (a) Unpaten\ed mining claims; {b) reservations or exceptions m 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, material or equipment unless such hen is shown by the Public Records at Date of Policy 7. Any claim to (a} ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal. lignite, oil, gas, uranium, clay, rock, sand, and gravel located m, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise: and (b} any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto. whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown m Schedule B Attachment One -CA \Rev. 11-04-22) MISC0267 {OSI Rev. 3116123) Page 4 Last Saved· 7126/2023 2:12 PM by GP Order No • 00196243-993-SD2-CFU 2006 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: {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 enioyment of the land, (11) the character. dimensions, or location of any improvement erected on the land: (ill) the subdivIs1on of land; or (1v) 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 or 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 oth0er 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 lo 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) cc (e) resulting in loss or damage that would not have been sustained 11 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 111 the Public Records that vests Title as shown in Schedule A EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: NOTE· The 2006 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition lo variable exceptions such as taxes, easements. CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below· (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 at Date of Policy but that could be (a) ascertained by an InspectIon of the Land, or (b} asserted by persons or parties in possession of the Land. 3 Easements. liens or encumbrances. or claims thereof, not shown by the Public Records at Date of Policy. 4 Any encroachment. encumbrance, violation, variation. easement, 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 at Date of Policy. 5 (a} Unpalented 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 (cl are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7 Any claim to (a} ownership of or rights lo minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium. clay, rock, sand, and gravel located in. on, or under the land or produced from the land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and {b) any rights, privileges, immunities. rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted In la) or {b) appear in the Public Records or are shown in Schedule B. Attachment One -CA (Rev_ 11-04-22) MISC0267 (OSI Rev. 3116.123) Page 5 last Saved: 7/26/2023 2:12 PM by GP Order No.· 00196243-993-SD2-CFU "" 1·· J N cb " , s~ ' 3-~'<I " i: , 0 . , "" .. -@ i _J "/!"'' ""'•Ii~ ~-IB-'I~~ ' ' ~ < " .. .'J • " " (\,) l • I \ I (J" ®lif , •• ·\ n g t,f{(_ -~-a .. ,f 1--ce•,0,"~ft,,,"l,·"'"''''-;-'-t~=~' '" ""-, i,,-. : I ' ffi CB T]',s map/plat IS being fun\lsC.ed as an aid ,n locating the herein described Land ;n relot,on to O~Joming streets, natural ~oundancs and othe< land, and ,snot a survey Of the lar>d depicted f>cept to the extent a policy uf title insurance-, e,:pressly mud,fied by en<lorsement, 11 any, the O,rrpany does not insure dimensions, distances, loca\on al easements, acreage or ol»e, matte,, s11own thereon. 0,dw 1%,'43 Pdga1ot 2 203-30 MAP ASSESSOR Re,,ucsted B, rin .I, Pnntcd 7125''2023 7 41 AM Escrow No: Property Address: OWNER'S DECLARATION 00196243-993-S02-CFU Madison Street & 660 Carlsbad Village Drive Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Madison Street & 660 Carlsbad Village Drive, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________ of __ ~--~------~-~~- ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Madison Street & 660 Carlsbad Village Drive, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with --~~----~-~~ upon the Land in the approximate total sum of $ __ ~~~, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects. surveyors or engineers, except as follows: --~-~-~~~-~-~~~~~-~~·· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title lo the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as~~----~---· -~--~--~--~ occupy/occupies the Land, and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7 There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at ______________ _ Signature; Owner's Declaration MISC0220 (OSI Rev 10/17117) Printed: 6127/2017 2:26 PM by GP Page 2 E Escrow No.: Property Address: OWNER'S DECLARATION 00196243-993-S02-CFU Madison Street & 660 Carlsbad Village Drive Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Madison Street & 660 Carlsbad Village Drive, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "land"). b. Oeclarant is the~~----~---~---of~-~-~~-~-~-~~~~~­("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Madison Street & 660 Carlsbad Village Drive, Carlsbad, CA. further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with --~~~---~-~~ upon the Land in the approximate total sum of $. _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --~-~-~~~-~--~~-~-~~·· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4 Except as shown in the above-referenced Preliminary Report/Commitment. there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as~~---~~---' ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon ii in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at _______________ _ Signature: Owner"s Declaration MISC0220 (DSI Rev. 10117/17) Printed: 6127/2017 2:26 PM by <<User Initials» Page 3