HomeMy WebLinkAboutCDP 2020-0006; COMMERCE SIGN PROGRAM; Coastal Development Permit (CDP).
( City of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Deve/onment Permits
M"'" Coastal Development Permit
0 Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit
0 Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
D Site Development Plan 0Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT USE ONLY) Legislative Permits
>--------<
f--------,
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
D Amendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Pennit
D Adm1nistrat1ve D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor O MaJor
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
•sAME DAY APPOINTMENTS ARE NOT AVAILABLE
21 0-090-32-00. 21 0-090-33-00, 21 0-090-34-00. 21 0-090-35-00. 21 0-090-41-00, 21 0-090-42-00
5205 -5375 Avenida Encinas
(STREET ADDRESS)
Commerce Sign Program. aka: Carlsbad Commercial Center Sign Program
New Sign Program for Commerce, an industrial/office complex with 8 buildings.
sso 000 Project SIQOS Only
Estimated completion Date Year2020
De,elopment No. QC.V'.2.Q\:J -Q2,D;:, lead Case No. C.QP 'l.02.Q -o OOb
P-1 Page 1 of6 Revised 03/17
'f<!?c:e<'p\-.:l=t2-: fZ..~£0 l --s/oo\ °6
I OWNER NAME
~ 1Nl.llV:Dlif1L NAME:.
,11 cip)llll ,1t1leJ
COMf'ANY NAME
I' clfJplir,al,lel,
MAILING AL;flRISS
c1·; Y, ~,TA ff, ZIP·
Ti:l EPHONl-
EMAIL ADIJHCSS:
CRUZAN
236 S. Sierra Ave. Suite 100
Soh;i.nc1 Bec1ch. CA 92075
(619)876-6116
evan@cru?an.com
I CFff':IFY THAT I AM Ttl[ Lr'GAI tJWr.JFk MJn THAT Al L THE ABC'}r'
J\JF(;l-llvlAllO,\J IS
K"jOVVI 1-!Hil--I
:,Lf ~Ol-llH I
PUl~HJSt:;S,
. ,. I ANO CCRRU:l TD IHl--. H~:~r 0 1 !1,IY
AOL!::.GALOI/I/NER IHAf rHl::A'-'P:...ICA'Jl AS
• ::; GN/\"I 1J1 i
M..JPL.11 AN--S Rl::t'Rf:.SENTAll\!
MAILING ADIJRESS·
HfPRf>-,':I\ IATl'/1-'. "Ok
UAff
Artemisa Zuazo
1133 Bro~d_way
APPLICANT NAME
INDIVIDUAL I.JAME:.
111 Ri'flllcc,blR),
COMPANY NAMf:.
(If Jppl11.Jt,!e)
MAILl'~G ADDRESS
c1ry STATE,LIP
TELEPHONE.
FMAII ADDRESS
~PLEASE PRINT)
Graphic Solutions
1133 Broadway
San Diego, CA 92101
(619)239-1336
ar~~~i~a~graph(c~_!?lut_i~ns.com
I CFJnlFY THAI I AM THE U~GAL RfPf~FSFNTATIVf-_ or TH: 01/1/NEI--C
AND THAT ALI. TH[ ABOVF l"JFOl~vlA710f,J IS TRUE ANn CDHlitC I I 0
l lHC BES I OF MY KNOWLEDGE
s1m,r, l UHL Ll/\lt:.
cir✓ SlAn::, ZIF'
TEl.EPHOr-.Jf:
CM/\IL ADJkt:.SS
San Diego0 CA 921 01
(619)239-1336
artemisa@graphicsolutions.com
'.,ICRTl~Y rHA r I Al\/ ] ht kC:f-'i"\ESHJ f 1\] I\/{ Of [• II-AP,'! ICAI\ f HlR
l'Uf-H-,(JS[S o.~ rH;s A!'F"'LICATIO"J MJD TIIAT Ill .. THC ABOV[
,Nf-'01-il\/AIIOf. IS li<lll-ANL'. CORl\1:-C'l i/J IHf-f-ll:-SI Of-MY
-::?:L~o/° 0 drf~/ ~
IN Tl-1t:: Pl~CJCE:SS Of-RFV,FVVING -HIS APP~ICATION IT MA" Bf NECESSARY roR MEMBE:.RS Of-CllY STAf-F PLANNING
COMl\-11SSIONERS ll • \ t -.Jl 11 MEMBERS TO INtir'C.CI AND ENTER THI PROPFRTY TIIAT IS Tri[ SUBJECf Of-llllS
APPLICAIIOI~ ) cm.SEN] 1(1 I\TRY FOR THl::i PURP()SI
NOTIU.-I RESTRICTION. ?1<1 1 I HI Y OWNER ACKNOWLIDGES AND CONSENTS l O A NOTICE OF RESTRICTION BEING
REL U! II ON THE TITLE 10 S l't-Wl'LHfY IF CONDITIONl:::.D f-OR THE APPL.ICA\JT NOTICE OF HE:.STl--{ICTIONS KUN WlfH
II 1-1 l'HFREST
FOR CITY USE ONLY
RE1-IC'!VED
FEB 2 5 1010
CITY Or ,,AkLSBAD
PLP.~:'·,I '~)':": Dl 1/ISlON
DATE STAMP APPLICATION RECEIVED
RECEIVED BY
GI. V,,~ vJ,, \) "-\"""~ ~
LETTER OF TRANSMITTAL
DATE: February 24, 2020
TO: City of Carlsbad Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Commerce Sign Program
DESCRIPTION & COMMENTS:
VIA: Hand Delivered
Minor Coastal Development Permit for Commerce Sign Program. aka: Carlsbad Commercial
Center Sign Program.
PS 2019-0111 (DEV2019-0205)
Accompanying herewith:
(1) Check for $938.00 -Fee for a Minor Coastal Development Permit (Check #1922)
(1) Form P-1 -Land Use Review Application Form.
(1) Form P-6-Minor Coastal Development Permit.
( 4) Sets of Required Plans.
(1) Form P-l(D)-Environmental Impact Assessment Part 1.
(I) Form P-30-Climate Action Plan.
(I) farm P-1 (A) -Disclosure Statement.
(2) Copies of the Preliminary Title Report (current within the last 6 months).
(I) Form P-1 (B) -Project Description/Explanation sheet.
(2) Form E-34 -Storm Water Standards Questionnaire.
(I) Form E-36-Standard Project Requirement Checklist
(1) Package containing:
1. List of names and addresses of all property owners, and occupants within a 100' radius
2. (2) Sets of mailing labels of all property owners, and occupants within a 100' radius.
3. 300' Radius Map.
• CRAPHICSOlUTIONS
1133 Broadway. San O,ego, Calfornia 921 01 (619) 239-1336 www.graphocsolut1ons com
RFC:r:1vED
FEB 2 5 1010
CIIY Oi CARLSBAD
PLANM,sG DIVISION
( City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602·4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary,)
Person [ll-Corlsl..), LL(, Corp/Part _________ _
Titlec,,,,;-Title _____________ _
Address i¾ 5, Sltrfo, A-Address -------------
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Cl(-Cr.ilsk..\, L,L.(,
Title Ownu-
Address 'l-"!.b S. S'."err,,_ A~tf\11(,
Sole.¼ W CA 1}V15"
Corp/Part. ___________ _
Title _____________ _
Address ____________ _
Page 1 of 2 Revised 07110
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust. ________ _ Non Profit/Trust. __________ _
Title, __________ _ Title. ____________ _
Address, __________ _ Address. ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes ~ No If yes, please indicate person(s).: ___________ _
NOTE: Attach additional sheets if necessary.
Ccc-Co.rlsW, U.C [Cl-Ct,.(/sl,..,) I ~
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07110
( City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Commerce Sign Program, aka Carlsbad Commercial Center Sign Program PROJECT NAME: _______________________ _
APPLICANT NAME: Cruzan ------------------------
PI ease describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
New Sign Program for Commerce.
The Commerce property is located in the City of Carlsbad, in the P-M, Planned
Industrial Zone. It Is comprised of 8 existing buildings that were likely built ,n the early
1980's.
Our client, Cruzan, has recently purchased this property and would like to update the
look of the center by replacing the existing outdated signs.
The new signs will have a look that is clean and contemporary. and this will make the
center more attractive to the passersby.
Sign Program Objective:
• Direct replacement of (2) existing Park Identification Monuments.
• Direct replacement of (2) existing Directional Signs.
• No new grading will be done for the new monuments, or directionals. Existing
landscape material will be removed for installation of signs and replaced when
monuments are installed.
P-1(8) Page 1 of 1 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
{To be Completed by Applicant)
Date Filed: ___________ _ (To be completed by City)
Application Number(s): _P_S_2_0_1_9_-0_0_0_1_(D_E_V_2_0_1_9_-0_2_0_5_} ________ _
General Information
1.
2.
3.
Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Name of project: _________________________ _
Name of developer or project sponsor: _C_r_u_z_a_n _______________ _
Address 236 S. Sierra Ave, Suite 100
city, state, Zip Code Solana Beach, CA. 92075
Phone Number (619) 876-6116
Evan Cassolato Name of person to be contacted concerning this project: ____________ _
Address 236 S. Sierra Ave, Suite 100
City, state, Zip code Solana Beach, CA. 92075
Phone Number (619} 876-6116
4. Address of ProJect 5205 -5375 Avenida Encinas
5.
6.
7.
B.
9.
210-090"32-00 210-090-33-00, 210-090-34-00. 210-090-35-00, 210.{)90-41-00, 210-090-42-00 Assessor's Parcel Number: ____ • __________________ _
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
New Sign Program. After its approval, a review for sign permits by the city.
Existing General Plan Land Use Designation: _P_lc_, _P_la_n_n_e_d_l n_d_u_s_t_r_ia_l _____ _
Existing zoning district: P-M, Planned Industrial District
Existing land use(s): Office, Commercial
Proposed use of site (Project for which this form is filed): Commerce Sign Program.
Commerce is an existing office/commercial development
Project Description
Sig_n . (2) Park ID. Mon. sign=11.5' W x 5.41' H x 8", (2) Directional signs= 2.58' W x 6' H x 7"
10. .site""s1ze: ~~---------------------------Sign
11
151sq.fl.Total =(2x60sq.ft.=120sq.fl.)+(2x155sq.fl =31sq fl.) Proposed~ square footage: PARKIO MONUMENT DIRECTIONALS
12: Number of floors of construction: n/a
13 Amount of off-street parking provided: n/a
14. Associated projects: n/a
P-1(0) Page 2 of4 Revised 07110
15. If residential, include the number of units and schedule of unit sizes: _________ _
n/a
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: _____________________ _
n/a
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
n/a
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ________ _
n/a
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required· ____________________ _
n/a
P-1(0) Page 3 of 4 Revised 07110
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0
alteration of ground contours.
21 Change in scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change in pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change in dust. ash, smoke, fumes or odors in vicinity. □ 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ 0
27. Site on filled land or on slope of 10 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. □ 0
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project. including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted. See P-1 (D), Addendum A . attached at back
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial. etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted. See P-1 (D), Addendum B _
Certification attached at back
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
::::ma~:e;;:ue and correct to the ::s:a:~:y knagj;~~
For tfil'Z;,P ~: I tTrJ<;, !,t,"-
CIW~ I ax. u'<fl-V?P;Af) "L.,C.
P-1(□) Page4of4 Revised 07110
Commerce
EIA Information form P-1 (D), Addendum A
Application Number: PS 2019-0111 (DEV2019-0205)
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program
Address: 5205 -5375 A venida Encinas
ENVIRONMENTAL SETTING.
32. Describe the project site as it exists before the project. including information on topography,
soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any
existing structures on the site, and the use of the structures. Attach photographs of the site.
Response:
The land at the project site is a relatively flat area that was developed as an office/commercial
center. It includes 8 buildings, automobile parking areas, and landscaped zones. The property has
3 entry driveways, and a landscaped area next to the sidewalk/street.
(See photos 1 -4)
Six of the buildings are single story, and two of the buildings at the back of the site are two
stories each. The buildings appear to be constructed from formed concrete. Some of the exterior
wall areas are finished with a decorative stone veneer. Near the entrance to the lease spaces,
some buildings have a decorative, standing seam, metal roof. It appears to be occupied by offices
and commercial spaces.
(See photos 5 -8)
Commerce has 2 existing Park Identification Monument Signs. They are located in the landscape
areas next to the entry driveways, one monument at the North, and another at the South end of
the property. The landscaped zone next to the street consists of turf and evergreen trees.
(See photos 3 -4).
Located in front of every building, is a landscape area between the building and the sidewalk.
The landscape in some areas extends into the parking area islands. This landscaping material
consists of mature King palms, Mediterranean dwarf palms, evergreen Cassia Leptophylla,
Indian Hawthorne, drought-tolerant succulents, and decorative grasses. All in different heights
and green colors. These cover most of the landscape areas. The dirt is covered with wood chips.
These well maintained landscaped areas makes the project attractive.
(See photos 7-10)
The physical boundaries of the property are:
To the Northeast is Avenida Encinas, this road is the only vehicular access to the property.
Beyond this road is a landscape area and parking lot of another Commercial/Industrial
development/center.
To the East is Avenida Encinas, and beyond is the US Interstate 5.
, l'tRAPHIC SOLUTIONS
11 :i:J BroaOwai, San D,ego, Cal lorn~ 92101 (61g) 239· 1338 """' graphic<olutiol!S com
Rt=.t-r.:1VED
FEB 2 5 2020
CITY OF CARLSBAD
P~ .. ~.'\'.~'.\'.2 '.;1\1'.~'.:='.\!
To the South is a Commercial/Industrial development called Ocean Point, it consists of 5
buildings, and is completely independent from the Commerce property.
To the West of the property are the train tracks, and opens beyond.
To the Northwest is another Commercial/Industrial development called Pacifica Business Center.
It consists of 3 buildings that are independent from Commerce. These 2 projects share an
entrance driveway from the street.
• \ ·tRAPHIC SOLUTIONS
113:J Broadway. San 0,.9,. C,linrn~ 92101 1619) 239-1336 Y/I\IW.~raplucsnlulinns com
Commerce
EIA Information form P-l{D), addendum A
Application Number: PS 2019-0 111 (DEV2019-0205)
32. ENVIRONMENTAL SETTING -Project Site
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 A venida Encinas
INTERSTATE 5 SAN DIEGO ----------------------------------------------------------
, , -,
--------------~---
------------~------------------
TRAIN TRACKS
, , ,
, ,
OPEN SPACE~
SYMBOL KEY:
....---LOCATION OF VIEWER
WHILE TAKING PHOTO
X
-----PHOTO NUMBER
-----DIRECTION PHOTO WAS
TAKEN
__ •••• --• • • • • -• • • ~...____ ENTRY DRIVEWAY ---------· ----------------AVENIDA ENCINAS
-------------------------
~ NORTH
SHEET 01 1133 Broadway, San Diego, CA 92101 / {619) 239-1336 / graphicsoutions.com -------------------------------------------------------
02/18/20
Application Number: PS 2019-0 l l I (DEV20 I 9-0205)
32. ENVIRONMENTAL SETTING -Project Site
VIEW OF COMMERCE FROM ACROSS THE STREET
Commerce
EIA Information form P-l(D), addendum A
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 Avenida Encinas
VIEW OF COMMERCE FROM ACROSS THE STREET
VIEW OF COMMERCE FROM ACROSS THE STREET. EXISTING MONUMENT TO BE REMOVED, ANO REPLACED BY NEW
MONUMENT AT EXISTING LOCATION. -LANDSCAPE TO REMAIN AS IS.
VIEW OF COMMERCE FROM ACROSS THE STREET EXISTING MONUMENT TO BE REMOVED, AND REPLACED BY NEW
MONUMENT AT EXISTING LOCATION. -LANDSCAPE TO REMAIN AS IS.
1133 Broadway. San Diego, CA 92101 / (619) 239-1336 / graphicsoutions.com SHEET 02
Application N umber: PS 20I9-0111 (DEY20 I 9-0205)
32. ENVIRONMENTAL SETTING -Project Site
TYPICAL ELEVATION OF LEASE SPACES ON A SINGLE STORY BUILDING
TYPICAL LANDSCAPE AREAS
Commerce
EIA Information form P-l(D), addendum A
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 Avenida Encinas
TYPICAL ELEVATION OF LEASE SPACES ON TWO STORY BUILDING
TYPICAL LANDSCAPE AREAS BETWEEN PROJECT INTERIOR SIDEWALK AND BUILDING FRONT
SHEET 03 1133 Broadway, San Diego, CA 92101 / (619) 239-1336 / graphicsoutions.com ---------------------------------------------------------
02118120
Application Number: PS 20 I 9-0 I I I (DEV2019-0205)
32. ENVIRONMENTAL SETTING -Project Site
TYPICAL LANDSCAPE AREAS AT SIDE OF BUILDINGS
( '~ 1133 Brnadway. Sae □,ego. CA 92101 / 1619) 139 1336 / g,aphicsootioos.com
Commerce
EIA Information form P-1 (D), addendum A
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 A venida Encinas
TYPICAL LANDSCAPE AREAS AT PARKING ISLANDS
SHEET 04
02/18/20
Commerce
EIA Information form P-1 (D), Addendum B
Application Number: PS 2019-0111 (DEV2019-0205)
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program
Address: 5205 -5375 Avenida Encinas
ENVIRONMENTAL SETTING.
33. Describe the surrounding properties, including irifhrmalion on plants and animals and any
cultural. historical or scenic aspects. Indicate the type of/and use (residential, commercial, etc.},
intensity of land use (one family, apartment houses. shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Response:
The land at nearby properties surrounding Commerce, appears to be flat. All neighboring
developments are office/commercial type.
West of the property, beyond the train tracks, there is natural Open Space. The plants in this zone
all appear to be indigenous.
(See photos 1-6)
East of Commerce is Avenida Encinas, and beyond is the US Interstate 5.
(See photos 7-9)
To the South is a Commercial/Industrial development called Ocean Point, it consists of 5
buildings. One building has 2 stories, and the rest are single story. The walls appear to be tilt-up
concrete, and the taller building masses have a decorative wood veneer. The buildings are set
back 50' from the property line.
At the entry driveway, there is a Park Identification Monument Sign that is set approximately 15'
away from the property line.
The landscape that borders the street consists of drought tolerant plants with decorative tall
grasses in the background. The entry to the drive""ay is flanked with 4 California fan palm trees
on either side, and two in the center of the center divide.
(See photos 10-11)
Northwest of Commerce, is another Commercial/Industrial development called Pacifica Business
Center, consisting of3 buildings. Two buildings are single story, and the third building is 2
stories high. They are concrete, tilt up construction. The nearest building to the property line is
set back 30' away.
Commerce and this center share a driveway, both of them have a Park Identification Monument
Sign in their respective properties. The Pacifica Business Center monument is set back 8' from
the property line, and is fabricated from cast concrete. It is flanked by 2 pygmy date palms .
• ; ~RAPHIC SOLUJIONS
1133 Broadwai, S,n Doeg,:, C.loom,a 921al (619) 239-13:36 www gro~ti"'olulio"" corn
FEB 2 5 2020
u-rv Ot" CJ\RLSBAD
PLAi"\J'i'...l\\\:(J O\V\S\CN
The landscape at the front of this property is mostly turf with a few evergreen trees.
Set next to the building face are king palm trees on one building_ and split leaf philodendron on
the other.
(See photos 12-14)
Northeast past Avenida Encinas, there is a commercial/office development that consists of 4
buildings. A landscaped area and parking lot, are the closest elements of this project, to
Commerce. The center has single story buildings, the lower 8' of the walls have a brick veneer
finish, and above the brick they have wood siding. The mass/shape of the buildings is very
similar to the buildings in Commerce. The building nearest to the sidewalk is 25' away.
No Park Identification Monument Sign was observed at this property.
The landscape visible from the street is large evergreen trees, and turf. These are located in the
area between the buildings and sidewalk/street. Plum trees are also visible, but these are not
planted in the landscape areas next to the street.
(See photos 15-17).
, (tRAPHIC SOlUTIONS
Commerce
EIA Infonnation form P-1 (D), addendum B
Application Number: PS 2019-01 11 (DEV2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program
33. ENVIRONMENTAL SETTING -Surrounding properties
Address: 5205-5375 Avenida Encinas
SYMBOL KEY:
E
LOCATION OF VIEWER
WHILE TAKING PHOTO
X
PHOTO NUMBER
DIRECTION PHOTO WAS
TAKEN
~~ ENTRY DRIVEWAY
SHEET 01 1133 Broadway, San Diego. CA 92101 / (61 9) 239-1336 / graphicsoutions.com ____________________________________________________ _;__;:_:_;___:__
02/18/20
Commerce
EIA Information form P-l(D), addendum B
Application Number: PS 2019-0111 (DEV2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 A venida Encinas
33. ENVIRONMENT AL SETTING -Surrounding properties
SHEET 02 1133 Broadway. San Diego, CA 92101 / (619) 239-1336 / graphicsoutions com -------------------------------------------------------
02/18/20
Commerce
EIA lnformation form P-l(D), addendum B
Application Number: PS 2019-011 I (DEV2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 A venida Encinas
33. ENVIRONMENTAL SETTlNG -Surrounding properties
SHEET 03 1133 Broadway, San Diego, CA 92101 / (619) 239-1336 / graphicsoutions.com -------------------------------------------------------
02/18/20
Commerce
EIA Information form P-l(D), addendum B
Application Number: PS 2019-0111 (DEV2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-53 75 A venida Encinas
33. ENVIRONMENTAL SETTING -Surrounding properties
1133 Broadway, San Diego, CA 92101 / (619) 239-1336 / graphicsoutions.com SHEET 04
02/18/20
Commerce
EIA Information form P-l(D), addendum B
Application Number: PS 2019-0 I 11 (DEV2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 Avenida Encinas
33. ENVIRONMENTAL SETTING -Surrounding properties
4,~~ SHEET 05 ., ,111111 f 1133 Broadway, San Diego, CA 92101 / (619) 239-1336 / graphicsoutions.com -------------------------------------------------------
~ 02/18/20
Commerce
EIA Infonnation fonn P-1 (D), addendum B
Application Number: PS 2019-0111 (DEY2019-0205) Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program Address: 5205-5375 Avenida Encinas
33. ENVIRONMENTAL SETTING -Surrounding properties
1133 Broadway, San Diego, CA 92101 / (619) 239-1336 / graphicsoutions com SHEET 06
02/18/20
( City of
Carlsbad
MINOR
COASTAL DEVELOPMENT PERMIT/
SINGLE FAMILY RESIDENCE
APPLICATION
P-6
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
A proposed project requiring application submittal must be submitted by appointment*.
Please contact the appointment specialist at (760} 602-2723 to schedule an appointment.
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared
at the same scale. (Use a scale no smaller than 1" = 40' .)
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit.
The City Planner shall make the final determination regarding a project's cost of development.
The primary basis for determining cost of development will be the application of dollar costs per
square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost of
development (Contractor proposals may also be submitted for consideration by the City
Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate.
⇒ New Residential Square Footage:
_______ square feet x $, ____ /sq. ft.=$, _________ _
⇒ Residential Addition Square Footage:
_______ squarefeetx$, ____ /sq. ft.=$, _________ _
⇒ Any Garage Square Footage:
⇒
~--,,-----,---c-=--squarefeetx$, ____ /sq.ft. =$. _________ _
Residential Conversion Square Footage:
_______ squarefeetx$. ____ /sq. ft.=$, _________ _
⇒ 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.=$.._ __________ _
Project Signs COST OF DEVELOPMENT ESTIMATE: $._5_0~.o_o_o _________ _
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~
2. A Coastal Development Permit ($60,000 or more cost estimate) D
C. Street address of proposed development
5205 -5375 Avenida Encinas
Page1of7 Revised 08119
D. Assessor's Parcel Number of proposed development
210-090-32-00, 210-090-33-00, 210-090-34-00, 210-090-35-00, 210-09-42-00, 210 09-41-00
E. Development Description:
Briefly describe project:, _______________________ _
New Sign Program for Commerce, an industrial/office complex with 8 existing
buildings
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 Office Complex
South: Commercial Office Complex
East: 1-5 Freeway, and beyond Carlsbad car dealerships
West: Open space/vacant land
G. Is project located within a 100-year flood plain? 0Yes ~o
IL PRESENT USE OF PROPERTY
A. Are there existing structures on the property? ~es D No
If yes, please describe.
(8) Office/Commercial BuIldIngs. (2) Park ID Monument Signs, (2) Directional
Signs
B. Will any existing structure be removed/demolished? ~es D No
If yes to either question, describe the extent of the demolition or removal, including the relocation
site, if applicable (also show on plans).
Existing signs· Park ID Monument and Directionals, will be removed and replaced with new ones.
IIL LOT COVERAGE
A, Existing and Proposed
To remain as is. Existing Pro12osed 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.
Page 2 of7 Revised 08119
%
%
%
%
B. Parking:
To remain as is.
Number of existing spaces __ _:_38'-5'-----
Number of new spaces proposed ~"~'A~----
Existing/Proposed TOT AL: --~'"'"-'-----
P-6
Number of total spaces required --"""'1A,_ ___ _
Number of covered spaces
Number of uncovered spaces __ J:CtlA,_ ___ _
Number of standard spaces
Number of compact spaces
Is tandem parking existing?
Is tandem parking proposed?
C. Grade Alteration:
Is any grading proposed? D Yes
If yes, please complete the following:
0Yes# __ ~o
0Yes# __ ~o
1
2.
3.
4.
5.
Amount of cut ___________________ ,cu. yds.
Amount of fill cu. yds.
Maximum height of fill slope feet
Maximum height of cut slope feet
Amount of import or export cu. yds.
6. Location of borrow or disposal site ________________ _
Page3of7 Revised 08/19
{_ City of
Carlsbad
PURPOSE
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
Deveioe.rnent Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines
actions that the city will undertake to achieve its proportional share of state greenhouse gas
(GHG) emissions reductions. This checklist contains measures that are required to be
implemented on a project-by-project basis to ensure that the specified emissions targets identified
in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure
that new development is consistent with the CAP's assumption for relevant CAP strategies toward
achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's
incremental contribution to a cumulative GHG emissions effect may be determined not to be
cumulatively considerable if it complies with the requirements of the CAP, in accordance with
CEQA Guidelines Sections 15064(h)l3), 15130(d), and 15183(b).
This checklist is intended to assist project applicants in identifying CAP ordinance requirements
and demonstrate how their project fulfills those requirements. This checklist is to be completed
and included in applications for new development projects that are subject to discretionary review
or require a building permit.
APPLICATION SUBMITTAL REQUIREMENTS
.o111 The completed checklist must be included in the project submittal package or building permit
application. Application submittal procedures can be found on the City of Carlsbad website.
This checklist is designed to assist the applicant in identifying the minimum CAP-related
requirements specific to their project. However, it may be necessary to supplement the
completed checklist with supporting materials, calculations or certifications, to demonstrate
full compliance with CAP requirements. For example, projects that propose or require a
performance approach to comply with energy-related measures will need to attach to this
checklist separate calculations and documentation as specified by the ordinances.
,. If an item in the checklist is deemed to be not applicable to a project, or is less than the
minimum required by ordinance, an explanation must be provided to the satisfaction of the
Planning Division or building official.
,. The requirements in the checklist will be included in the project's conditions of approval or
issuance of building permit.
,. Details on CAP ordinance requirements are available on the city's website.
P-30 Page 1 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's
consistency with the growth projections used in the development of the CAP. This section allows the city
to determine a project's consistency with the land use assumptions used in the CAP. Projects found not
to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP
screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) 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-intensive projed when compared to the existing designations?
Yes No
□
If ''Yes", proceed to Step 2 of the checklist For the second option under Question A above, provide estimated project-related GHG emissions under
both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to
Demonstrating Consistencv with the Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO2E!/year for new development projects to assist in
determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to
correspond to the CAP screening threshold. VI-ill the proposed land use change result in the construction of less
than any one of the following?
Single-Family Housing: 50 dwelling units
Multi-Family Housing: 70 dwelling units
Office: 35,000 square feet
• Retail Store: 11,000 square feet
Grocery Store: 6,300 square feel
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 MTCCne/year screening threshold.
If "Yes", proceed to Step 2 of the checklist
□
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed
GHG emissions reduction program in accordance with the City of Carlsbad Guidance lo Demonstrating Consistencv 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 oo the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG
emissions reduction program and Step 2 of the Checklist
P-30 Page 2 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn,
demonstrate consistency with the applicable measures and actions of the CAP. The compliance
requirements in this Step 2 apply to development projects that require a building permit. All other
development projects shall implement all emissions-related mitigation measures from the General Plan
Update EIR.
Project No./Name: COMMERCE SIGN PROGRAM, AKA, CARLSBAD COMMERCIAL CENTER SIGN PROGRAM
Property Address/APN: 5205-5375 AVENI DA ENCINAS, CARLSBAD, CA
Applicant Name/Co.: CRUZAN
Applicant Address: 236 S. SIERRA AVE, SUITE 100 SOLANA BEACH, CA 92075
Contact Phone: (619) 876-6116 Contact Email: EVAN@CRUZAN.COM
Contact information of person completing this checklist (if different than above):
Name: ARTEMISA ZUAZO Contact Phone: (619)239-1336
)
Company name/address: GRAPHIC SOLUTIONS Contact Email: ARTEMISA@GRAPHICSOLUTIONS.COM
1133 BROADWAY, San Diego, CA 92101
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 emaii at
building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ 50,000 PROJECT SIGNS ONLY
Construction Type I Complete Secllon(s) I Notes:
D Residential
□ New construction I 2A, 3A and 4A
D Alterations:
D 8PV;.: $60,000 1A All residential alterations
□ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages
□ Electrical service panel upgrade 4A only
Multi-family dwellings only where interior finishes are removed
□ 8PV ;.: $200,000 1A and 4A and significant site work and upgrades to structural and
-mechanical, electrical, and/or plumbing systems are proposed
~ Nonresidential
D New construction J 18, 28, 38, 48 and 5
D Alterations:
P-30 Page 3 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
-~ 8PV !:'. $200,000 or additions~ 1,000 18, 5 SIGNAGE
square feet
□ 8PV !:'. $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area
□ !:'. 2,000 sq. ft. new roof addition 28 and 5 18 also applies if BPV ~ $200,000
Checklist Item
Check the appropriate boxes, explain all not i1>Plcable aoo exception Items, and provide supporting calc~ cl1d documemalion as necessary.
1. Energy Efficiency
Please refer to Gartsbad Ordinance No. CS-347 and the California Green Buuding Standards Code (CALGreen) for more information when completing this
section.
A. D Residential addition or alteration:? $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
□ Before 1978 Select one:
□ Duct sealing □ Attic insulation □Cool roof
□ 1978 and later Select one:
□ Lighting package □ Water heating package
□ Between 1978 and 1990
D 1991 and later
NIA _________ _
□ Exception: Home energy score.:: 7
(attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation □ Duct Sealing □ Cool roof
Select one:
□ Lighting package □ Water heating package
B. D Nonresidentiar new construction or alterations:? $200,000 building permit valuation,
or additions 2: 1,000 square feet ~A ____ _
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
D Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA
AS.203.1.1.2
D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) D NIA
AS.203.1.2.1
Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ NIA
AS.211.1. ..
D On-site renewable energy □ NIA
A5.211.3 ..
D Green power Of offered by local utility provider, 50% minimum renewable sources) □ NIA
AS.212.1
D Elevators and escalators □ NIA
AS.213.1
D Steel framing □ NIA
P-30 Page 4 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
• Includes hotels/motels and high-rise residential buildings
•• For alterations 2: $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that ao:J 2,000 square feet of new roof addition: comply
with California Energy Code section 120.10 instead.
2. Photovoltaic Systems
N/ A A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section
15D.1(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad
ordinance CS-348, increase system size by .3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc= (CFAx.572)/ 1,000 + (1.15x#d.u.}
'Formula calculation where CFA = conditonal floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
klMJc
N/A 8• D Nonresidential new construction or alterations ~1,000,000 BPVand affecting ~75% existing floor area, or addition that increases roof
area by ?2,000 square feet Please refer to Carlsbad Ordinance Cs-347, Section 6 when completing this section.
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
O If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
□ If.:: 10,000s.f. calculate: 15 kWdcx (GFN10,000) ....
___ 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.
P-30 Page 5 of7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
3. Water Heating
A D Residential and hotel/motel new construction
N/ A Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing 1his section. -----------
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise
residential only)
□ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10
(for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following:
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. solar collectors
□ .40 solar savings fraction, plus drain water heat recovery
D Exception:
8. D Nonresidential new construction
N/A Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal □ Photovoltaics D Recovered energy
□ Water heating system is (choose one):
□ Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
D Exception:
4. Electric Vehicle Charging
A. D Residential New construction and major alterations*
N/A Please refer to Carlsbad Ordinance CS--349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE ready parking space required □Exception:
u 1-m1yresI en a: OM lffa ·1 "d ti I □ Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable I Rea I
I I
Cala.ilatioris: Total EVSE spaces= . 10 x Total parking (rounded up to nearest whole number)
EVSE Installed= T~ EVSE Spaces x .50 (rounded up to nearest whole riumber)
EVSE other-Total EVSE spaces -EVSE Installed
(EYSE other may be "Capable,' "Ready' or "Installed.")
P-30 Page6of7
Installed I Total
I
Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses wrth attached garages, alterations have a building permit valuation e'.
$60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more witlloutattached garages), alterafons have a
building permit valuation e'. $200,000, interior finishes are removed and s1gmficantsitewo1k and upgrades to structural and mechanical, electrical,
and/or plumbing S)Stems are prolX)sed.
B D Nonresidential new construction (includes hotels/motels) □ Exception •
NIA Total Parking Spaces EVSE Soaces
Proposed Caoable Read" Installed Total
Calculation· Refer to the table below·
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed
Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101-150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV
Snaces
5. D Transportation Demand Management (TDM)
N/ A A Ust each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT/1,000 square feet is selected from the City of Carisbad Employee ADT Table.
Use GFA Employee ADT/1,000 S.F. Total Employee AOT
Total
If total employee AOT is greater than or equal to 110 employee ADT, a TOM plan is required.
•NOTE: Notwithstanding the 110 employee AOT threshold above, General Aan Mobility Element Policy 3-P.11 requires new development that adds
vehicle traffic to vehicle LO&exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of
Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project
TOM plan required: Yes □ No □
LOE Staff Verification: □ ______ (staff initials}
P-30 Page7of7 Revised 04/19
(_ Cilyof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
INSTRUCTIONS
"
I,,,
, 1,J!I•
,-,_ I"
l1I-Vf l OPl\/1[ N 1
!:
!! ·1" •II.
,1 ,I ,,
X '1"
I•'·
l'i-
,I
'"
Pl'.OJt-C"l
•I 1· :I, ,:I I
' ,, -,,,,
,; J
Corrrnerce Sign Program
S"Jll Frograrn
E-34
,j,,
''I
I'
ii .-11•: ,1' ' ,,1 ,, ,,
',,, I" " ! ! ,, .. 1·,,
pr, ! ' Ci
STANDARD PROJECT
'il .1, Tl, I
:l 11 l'
'),"
·-1--
,,1 ·11 t1 tl1
:ri, I
PROJECT INFORMATION
2.Kcl C.arlsoad Cornrn1.Jrc·,di Cen1er
/,I Jiltd=::-,S 5205 -5375 A'✓Pnida Encinas Carlsbad, CA
i' 1•,: Ill 'I I
' !
'1T i•'
1' ..
"
! ! :r· 1·_-1
"
,, !
'!
"
', !
I I< ,111 ,·,i ,c,11 C"'
•:11>--''il 1·,, "'"'·
d, ,-, r11,1-·I·;,• I'' I
I fl "11,Lj 1·,-
PRIORITY
I'
·1-; h
II,-,,~ • 11 I•
II• ',r 11:
·I,., r11
!!
I
,, ,· :I'
-,1, :·1
PH.llJECl ID
210-090-32-0C•. 210-090 3'.J JO /7C 000-34 C1
/1~J(\!
21 O-G'.10-35-00. 21 0 080 4 JO, ? IO C,90-42 OJ
NPw orrn.nl', sIg11s lo be ctirccl 1eplauimfrnts
!rJ existing signs
'I ac1 rs n/a
fl , I lcl I I I
•_'I
"
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
,I,
' : I, I. r
not ;a rlf"Vf=lop1rwnt ptOJPCt'
"
"
l' Cl 11 I
,11 !,, (' I 1, ~•> (-;I t ·, T1' ·1, ' I. c !II ,,", I, ,I I, 1 'I _l
,, hi•;·, >-•J' f·_·' ;i· I J, ·I" ']'JI ·-,llf'I'
,,
Jus!1frcrn 011id,!:acussm11 (e 9 11-,e project 111cludes orily 1nteriu1· remodels w1lh1:1 an exIstI11g bulldin~,i-
Our client, Cruzan, t1a.; recent,y purd;used 111,0 Currnnc,rce property, cina would I·ke to update tne look ol lhe center ny repI;i,r..ng the
existing o~toJ.tE:d signs
. The riew ground signs will have a look t11at I~ c.:lectrI ctr1d writemporary and will make ihe center more atlroc1Ive lo passersby They
' will be d1rec replacermmts 'or 1he exIstmg signs
Ground Signs to be replc1crcd
• Two Park ldent1t1cal1on Monurwmt Signs
• Two (2) Directional Signs.
Grading and andscape on t11e properiy will rema,~ a~ is
If you answered "no" to u-e above question, tile pro_1r,c( 1s :ci 'development project', go to Step 2
STEP 2
" , .. ,
,(,, ''i
,1'1,
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
,> ii
,I ' ... ,I,,· 1,,
. ,, . I '
11,1
' '
: 11" ,.,--,
Ill Y! I ,L
!ll ,1
,,
,1, l ( I" ,_11/
ill,''
I· .'' 1,,1
' I
II-,
I I
I I
I l
'" I, ,1; i:,l·-'-1,, ~otoStep5 1" •I.
EXEMPT
'' 1,,. ! .I. t-
.,, I
' I I'"'· -11 .I,-I" i I ,I'· ·•I;, ,, t-' 1r' go to Step·~
;,•j
.,, t
,1,·
"'·
I,
STEP 3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
,I-.,,-
I
,llf
t , I
l··I.
I
11~ ,I
.I
11' ''-
'Ill.,,,
I'
I .,, I,· i "'
I ·<1'1
•111
"
·Ill'
! .. 1
;1
:-.r,
I:,,'
I
"'
"
"
" t
_,:
I', I
L-' I '
,I 1,, ·.,,,_
.,!,
I' •1·, II
11 J I I, ·Ii' I-;.,.·: I j' I I"
, ,] I)• I,_,,' -.1,:,"L'I
,1 I' "'
lf •II I•'• '1
•.,,,[,, 1,
,·,,j
·, . • f ,':-1, :c; I
', It
., I )I
lr,
11-11 "I
·11, I,,.,,
'·'
I 1,1 .II
,I' L."
11,J, '
POP
,_·I
,1
'
't
'
uc to c,1er, 5
STANDARU PROJECT
IL::
I I
:::J
:::J
I I
I I
:::J
11
I _I
,,. II t·
POP
I ~
I
~
~
STEP 4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Comµlete the c:L,es\I011s beluw regarding your redevelopment prn1ect IMS4 Permit Provision E.3 b.(2)):
Uot!S Irie rE:dcvelopm<'nt proje::t result m the creation or rt:placement of impervious surface in ;_m arnounl
uf less llwr1 50% of the s111face area of the pn-;v1rn1sly existing develoµmen\? Comµlete lhe percent
i1npe1\/iuus calculation below·
Existing iirperv1ous ;m.!i:l (A)==
fotal proposed 11ev1ly neat<'d cJr rep.acer! irnperv10us area (£3) =
Percer··\ I111pervIolI:-, cired ,;r·eo\ed or rt-ip aced (B/A)"1UO =
sq. ft.
sq n
"I..
1f you a11svvered "yts" U-1e structura.l BMPs rec1u1red fur PDP apply only 10 the creation or 1eplacernent
surfc1ce :-rnd 110! the entire development Go to step 5, check the first bt;X stating My project IS a PDP
c,ppl,cant 1nformal,on
YES ~O
D
of ImpervIous
nnd complete
If you answnc:d ·110,·· the structurill BMP·s reqwrec frJr PDP apply to tJ1e entire development Go to step 5. c-hr,ck the
cl1erk 1IIe first bo/( stating "Mv pro_1ect is a PDP ano cornple:e applicant information
STEP 5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
LJ My prnIecl is a POP and ITlllSt comply w1tl1 PDP stormwater req,1,rements of the BMP Manual I understand I rnIIst
prepare a Storrn V\lc1tilr Duality Manageme11t Plan {SWQMP) fnr submitta1 at timP, of oppl1cation.
□ My pruJecl is a 'STANDARD PROJECT' OR EXEMPT from POP mid rrust only comply with STANDARD PROJECT'
storrnwaier requrernenls of the BMr Mat'ual As port of these requirement5, 1 w,1I submit a "Standard f'ro1e1ct
Rc-qwr8mum Check/1st Form E-36" and ncorpornte low inwc1ct development strategIus throughout my project.
Note: ~ or· pro1ects that are close to meelinq the PDP threshold, staff may require detailed Imperv1ous are;-i c;,lculations
dllll exhibits to verify 1f 'ST ANDA!"\[) PROJF.CT' stormwater req:Jirements apply
~-1y Proj(:ct IS NOT a 'development project' anci Is not subjc:ct to !tie rer:iuIrements of the BMP Manual
Arpl1umt lnfmnwtion anrl S1(Jnature Box
Applicant f\Jrirne CCC-C Applicant fI\I(= OIJ,ll"(r
Date }-li-w
i 11v r,,nine,,1,,11·; .. , ,,1, 11,c.,,rle ~ul cirn nol l11rnleo \u ,i: •h, A,· Sect10,1 11,1,,11 11npmrnd waler IJuQi~s. ;;i1eas ,,,,,,,1••·•!• ,, .1s A,eas ur Snec1cil
1)1,JIU\jlf",il c;J[jCIJilC,HH'H hy (11•: Stc<\P w.,1,-1 r:,"%IJILm, r;,,r,lwl Ii· .,,, •\-V,,.,-, <h>.1111,, Col 11lll P,dn /01 (j,u S,m IJIC!JU cldSIII (18g4) .nt cl!llCI dmu111s;, Wdter :,u,11~,
1LS1CJl,a1'd w,l11 II" RM--lf-l><,i1d1< .. ~I u·,o hy IIH, Sidi<',.,,,,! 1 I<, ""•'"• (,c,•t1·,1I 8,,ar,I (Water Ouc;i,t·, COnl/()I f"'lc11·, fnr Inc, Sa1, Ct"W,J f-la~1•J IISl'cl~J <,nrl
dlllHllll11,Pnb1, art,:s r1es,q•,di~,I J0 IJlf~tc,ves ,J, th,w '"'I"'' ,r, I ,,,·,uer !_he/ ,11, Spec1,:,s t;o,ioe.-JIIC;'1 Prcqfd[ll 'NIH1117 lilt Cil1<<, ~,•J Cu,111ly r;· SdH t.:IUcJU, rlctt),TJt
l•,lc,i·,,..ic:n•~r,1 i'ld• •II ,cl ell y ,.11 l'I ,,qLJ1•1,1lc,11i CUVlrllfllH<;l ,ln,1•,, ' ,,,11.,,· ,,,. , ,·,I"' I, 'lclV(; l,Ll;I, 1J,;11l1f <JJ i,y th I :,1,,.
Tt11s f..Jox for ( 11 Use ! ,,./y
YfS NO
City Ccncurrence u l]
By
ProJeCl ID·
1:;:Ev C4.'17
Ccityof
Carlsbad
STANDARD PROJECT
REQUIREMENT
CHECKLIST
E-36
Project Information
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
Project Name: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program
Project ID: Application Number PS 2019-0111 (DEV2019-0205)
DWG No. or Building Permit No.:
Source Control BMPs
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See
Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to
implement source control BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual. Discussion/justification is not required.
• "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be
provided.
Source Control Requirement Applied? --SC-1 Prevention of Illicit Discharges into the MS4 □Yes I 0 No I N/A
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage D Yes I 0 No ,~N/A
Discussion/justification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind D Yes I □No I~/A Dispersal
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 09/16
Source Control Reauirement (continued) Annlled?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and □ Yes □No ~/A Wind Dispersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes □No l~/A
Discussion/justification if SC-5 not implemented:
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for auidance). ....
□ On-site storm drain inlets □Yes □ No ~ ..-.NIA
□ Interior floor drains and elevator shaft sump pumps □Yes □ No "'NIA ~ ~
□ Interior parking garages □Yes □ No ~IA
□ Need for future indoor & structural pest control □Yes □ No ~IA
□ Landscape/Outdoor Pesticide Use □Yes □No ~IA
□ Pools, spas, ponds, decorative fountains, and other water features □Yes □No ~IA
D Food service □Yes □No vKN/A
□ Refuse areas □Yes □No ~IA
□ Industrial processes □Yes □ No ~N/A
□ Outdoor storage of equipment or materials □Yes □ No ~N/A
□ Vehicle and Equipment Cleaning □Yes □ No ~ N/A
□ Vehicle/Equipment Repair and Maintenance □Yes □ No ~ '}i!A
□ Fuel Dispensing Areas □Yes □No ~ N/A
□ Loading Docks □Yes □No ~IA
□ Fire Sprinkler Test Water □Yes □No 'ifN/A
□ Miscellaneous Drain or Wash Water □Yes □No l~tA
□ Plazas, sidewalks, and parking lots □ Yes □No l'f"I N/A
For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers.
E-36 Page 2 of 4 Revised 09/16
Site Design BMPs
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information
to implement site design BMPs shown in this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of
the Model BMP Design Manual. Discussion I justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be
provided. Please add attachments if more space is needed.
• "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussionljustification may be
provided.
Site Design Requirement I Applied? ....
SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I □Yes I □No l'«l' NIA
Discussion/justification if SD-1 not implemented:
.....
SD-2 Conserve Natural Areas, Soils, and Vegetation I □ Yes I □ No mNtA
Discussion/justification if SD-2 not implemented:
.....
SD-3 Minimize Impervious Area I □Yes I □No l~N/A
Discussion/justification if SD-3 not implemented:
.....
SD-4 Minimize Soil Compaction I □Yes I ONo l'ill'f N/A
Discussion/justification if SD-4 not implemented:
.....
SD-5 Impervious Area Dispersion I □Yes I 0 No IW'NIA
Discussion/justification if SD-5 not implemented:
E-36 Page 3 of 4 Revised 09/16
continued
SD-6 Runoff Collection □Yes
Discussion/justification if SD-6 not implemented:
SD-7 Landsca in with Native or Drou ht Tolerant S ecies □Yes □No NIA
Discussion/justification if S0-7 not implemented:
□Yes D No N/A
Discussion/justification if S0-8 not implemented:
E-36 Page 4 of 4 Revised 09/16
Commerce -Brief Legal Description
Application Number: PS 2019·0111 (DEV2019-0205)
Title: Commerce Sign Program, aka: Carlsbad Commercial Center Sign Program
Address: 5205 -5375 Avenida Encinas ..
The Land referred to below is situated in the County of San Diego, State of California, and is
described as follows:
PARCEL A:
Parcels 19 and 20 of Parcel map No. I 1475, in the City of Carlsbad, County of San Diego, State
of California, filed in the office of the County Recorder of San Diego County, July 2, 1981 as
file/page no. 81-209919 of Official Records.
PARCEL 8:
Parcels 10, 11, 12 and 13 of Parcel map No. I 1133, in the City of Carlsbad, County of San Diego,
State of California, filed in the office of the County Recorder of San Diego County, on March
25, 1981 as file/page no. 81-090596 of Official Records.
APN: 210-090-32-00 (affects parcel IO of parcel B)
210-090-33-00 (affects parcel 11 of parcel B)
210-090-34-00 (affects parcel 12 of parcel B)
210-090-35-00 (affects parcel 13 of parcel B)
210-090-41-00 (affects parcel 19 of parcel A)
210-090-42-00 (affects parcel 20 of parcel A)
The Land described above is the same as that Recorded in the first American Title Insurance
Company Commitment# :NCS-909394-SLCl with an effective date of May 25, 2018 at 7:30
A.M.
Containing 8 acres more or less.
••
'VtRAPHIC SOLUTIONS
1133 Broactway, San O,ogo c,1~orn~ 92101 (61g1 239-1336 www g,ap~,:solut,ins com
Consent to Allow Entrance Onto the Property
& Notice of Restriction
------------------------------------
Applicali1rn l\umhcr: PS 2019-0111 (DE\/2019-0205)
Title: ( ·n111111::rn: Si_.!11 f'n1gra111. aka: Carlsbad ( '0111rncrc1al ( ·enter Sign Program
Addrc.~.s. _'i20.~ 5.175 A\·cn1da Lnc1n,ts
Purpo<;,·
.t) Rn'IC\.\. ufgrnund:-./landst.:apc and cxt<;11ng s1gnagc al Com111t.:n.:e, locmcd ut 5205 5.175
Avc11ida Fnc111a:-.,
h) Acknowlcdi;cmcnt of NutH:l' of Rcstnctmn, 1 f condit1om:d, for the upplicant.
I)<(( ONSLNT TO ALLOW l.'JTRANCL 0'.'JTO Tl IL l'I\Ol'LR I Y
I!\ 117C<llb oflhc s1gnatmc below, Cru;ran, !ht:: properly owner, grant:, mc111bcrs ufthe ci1y
siaff, f'lann111g ( 01111111ss1011crs, or Cny Council members pcrmiss111n to mspcrt ,.rnd enter the
property ofC'uinmc1Tc, localed al )205 S.17S Av1:nida Fnc1nas 111 Carlsbad, Ci\.
~ NOflCL 01 RLSTRICTIOn
By ine:\lls ofth.: :--1gnalur...: below, Cnvan, 1hc proreny owner a.:knowkdges ,md consenls to
a Not1cl'. of Restr1Cl1tH1. 1f co11d1t1oncd, flir the applJCanr. J',.;otJccs of Restnct1on n111 with the
lnnd ilnd bind :111y SLa.:ce~snrs 111 interest.
Signature C
, ' /,. ).1 '· I< I ... .,_,,. <·.,,
'!le;g·
Order Number: NCS-998825-5D
Page Number: 1
First American Title Insurance Company
National Commercial Seivices
January 28, 2020
Kara White
Cruzan
236 S. Sierra Avenue
Solana Beach, CA 92075
Phone: (858)692-9065
Fax: (858)350-4030
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Avenida Encinas
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
lslavik@firstam.com
5205, 5225, 5235, 5245, 5315, 5355, 5365 and 5375 Avenida
Encinas, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing l:tie land and the estate or
interest therein hereinafter set forth, insuring against loss whk:h may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusaons from the coverage and Limitations on Covered Risks of said !XJlicy or policies are set forth in
Exhibit A attached. The pa/icy to be issued may contain an arbitration dause. 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
exdusive remedy of the parties. Limitations on Covered Risks appliCilble to ttie CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductlble Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
First American Title Insurance Company
Order Number: NCS-998825-50
Page Number: 2
It is Important to note that this preliminary report Is not a written representation as to the condition of title and
may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
btie insurance and no liability is assumed hereby. If it is d~red that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
Dated as of January 22, 2020 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Owner Policy
Order Number: NCS-998825-SD
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
CCC -Carlsbad, LLC, a california limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $67,585.28, PAID
Penalty: $0.00
Second Installment: $67,585.28, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-090-41-00
(Affects Parcel 19 of Parcel A)
3. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $12,707.49, PAID
Penalty: $0.00
Second Installment: $12,707.49, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-090-32-00
(Affects Parcel 10 of Parcel B)
4. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $18,217.55, PAID
Penalty: $0.00
First American Title Insurance Company
Second Insta!lment:
Penalty:
Tax Rate Area:
A. P. No.:
(Affects Parcel 11 of Parcel B)
$18,217.55, OPEN
$0.00
09000
210·090·33·00
5. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $28,681.99, PAID
Penalty: $0.00
Second Installment: $28,681.99, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-090-34-00
(Affects Parcel 12 of Parcel B)
6. General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $28,681.99, PAID
Penalty: $0.00
Second Installment: $28,681.99, OPEN
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 210-090-35-00
(Affects Parcel 13 of Parcel B)
Order Number: NCS-998825-SD
Page Number: 4
7. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
8. An easement for transmission, distribution of gas and incidental purposes, recorded July 26, 1932 as
Instrument No. 36742 in Book 147, Page 152 of Official Records.
In Favor of:
Affects:
Southern Counties Gas Company, a corporation
as described therein
(Affects Parcel 20 of Parcel A)
9. An easement for a right of way and incidental purposes, recorded August 02, 1941 as Instrument No.
45305 in Book 1200, Page 421 of Official Records.
In Favor of:
Affects:
Southern california Telephone Company
as described therein
The location of the easement cannot be determined from record information.
(Affects Parcel 20 of Parcel A)
First American Title Insurance Company
Order Number: NCS-998825-SD
Page Number: 5
10. An easement for public utilities, ingress, egress and incidental purposes, recorded August 30, 1957 as
Instrument No. 133405 in Book 6730, Page 126 of Official Records.
In Favor of:
Affects:
The Pacific Telephone and Telegraph Company
as described therein
(Affects Parcel 20 of Parcel A)
11. An easement for water pipe lines, sewer pipe lines, together with an access road and incidental
purposes, recorded June 23, 1964 as Instrument No. 112575 of Official Records.
In Favor of:
Affects:
The Vista Sanitation District and The City of carlsbad
as described therein
(Affects Parcel 20 of Parcel A)
12. An easement for public utilities, ingress and egress and incidental purposes, recorded August 28,
1969 as Instrument No. 158714 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company
as described therein
The location of the easement cannot be determined from record information.
13. An easement shown or dedicated on the map filed or recorded July 02, 1981 as Parcel Map No.
11457 of Parcel Maps
For: storm drain, sewer, water line and incidental purposes.
(Affects Parcel A)
14. An easement for public utilities, ingress and egress and incidental purposes, recorded July 20, 1981
as Instrument No. 81-227292 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company
as described therein
The location of the easement cannot be determined from record information.
(Affects All Parcels)
15. An easement for access, ingress, egress, travel, right-of-way and other vehicular or pedestrian traffic
and incidental purposes, recorded March 31, 1982 as Instrument No. 82-087083 of Official Records.
In Favor of:
Affects:
Signal Development Corporation, a California corporation
as described therein
(Affects Parcel 19 of Parcel A)
First American Title Insurance Company
Order Number: NCS-998825-SD
Page Number: 6
16. An easement for to erect, construct, change of size of, improve, reconstruct, relocate, repair,
maintain and use facilities consisting of underground facilities and appurtenances for the transmission
and distribution of electricity and incidental purposes, recorded October 08, 1984 as Instrument No.
84-381175 of Official Records.
In Favor of:
Affects:
San Diego Gas & Electric Company, a corporation
as described therein
(Affects Parcel 20 of Parcel A)
17. An easement for waterline and incidental purposes, recorded January 28, 1986 as Instrument No. 86-
035000 of Official Records.
In Favor of: City of Carlsbad
Affects, as described therein
(Affects Parcel 19 of Parcel A)
18. A Deed of Trust to secure an original indebtedness of $25,400,000.00 recorded November 07,
2018 as Instrument No. 2018-0466682 of Official Records.
19.
Dated: November 07, 2018
Trustor: CCC-Carlsbad, LLC, a California limited liability company
Trustee: First American Title Insurance Company
Beneficiary: Allstate Life Insurance Company, an Illinois insurance company
and Allstate Insurance Company, an Illinois insurance company
The above deed of trust states that it secures a line of credit. Before the close of escrow, we require
evidence satisfactory to us that (a) all checks, credit cards or other means of drawing upon the line
of credit have been surrendered to escrow, (b) the borrower has not drawn upon the line of credit
since the last transaction reflected in the lender's payoff demand, and (c) the borrower has in writing
instructed the beneficiary to terminate the line of credit using such forms and following such
procedures as may be required by the beneficiary.
(Affects All Parcels)
A financing statement recorded November 07, 2018 as Instrument No. 2018-0466683 of Official
Records.
Debtor:
Secured party:
(Affects All Parcels)
CCC-Carlsbad, LLC
Allstate Life Insurance Company and Allstate Insurance
Company
20. Rights of parties in possession.
First American Title Insurance Company
INFORMATIONAL NOTES
Order Number: NCS-998825-SD
Page Number; 7
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing,
NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal
Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public
Records on or after February 8, 2011, encumbers the Title except as follows: None
1. Taxes for proration purposes only for the fiscal year 2019-2020.
First Installment: $0.00, NO TAX DUE
Second Installment: $0.00, NO TAX DUE
Tax Rate Area: 09000
APN: 210-090-42-00
(Affects Parcel 20 of Parcel A)
2. Supplemental taxes for the fiscal year 2018-2019 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $10,248.79, PAID
Penalty: $0.00
Second Installment: $10,248.79, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 889-454-68-68
(Affects Parcel 19 of Parcel A)
3. Supplemental taxes for the fiscal year 2018-2019 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $3,241.84, PAID
Penalty: $0.00
Second Installment: $3,241.84, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 889-454-68-28
(Affects Parcel 10 of Parcel B)
4. Supplemental taxes for the fiscal year 2018-2019 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $5,301.06, PAID
Penalty: $0.00
Second Installment: $5,301.06, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 889-454-68-38
(Affects Paree\ 11 of Parcel B)
First American ntte Insurance Company
Order Number: NCS-998825-50
Page Number: 8
5. Supplemental taxes for the fiscal year 2018-2019 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $8,605.33, PAID
Penalty: $0.00
Second Installment: $8,605.33, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 889-454-68-48
(Affects Parcel 12 of Parcel B)
6. Supplemental taxes for the fiscal year 2018-2019 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment: $7,765.28, PAID
Penalty: $0.00
Second Installment: $7,765.28, PAID
Penalty: $0.00
Tax Rate Area: 09000
A. P. No.: 889-454-68-58
(Affects Parcel 13 of Parcel B)
7. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Commercial Structure known as 5205-5245, 5315, 5355, 5365 and
5375 Avenida Encinas, Carlsbad, California.
(Affects Parcel Band Parcel 19 of Parcel A)
8. The property covered by this report is vacant land.
(Affects Parcel 20 of Parcel A)
9. According to the public records, there has been no conveyance of the land within a period of twenty
four months prior to the date of this report, except as follows:
A document recorded November 07, 2018 as Instrument No. 2018-0466681 of Official Records.
From: Property Reserve, Inc., a Utah non-profit corporation
To: CCC -(arlsbad, LLC, a (alifornia limited liability company
10. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land that
is to be described in the policy or policies to be issued.
11. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
First American Title Insurance Company
the corporation.
Order Number: NCS-998825-5D
Page Number: 9
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of califomia.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP;
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of california.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
First American Title Insurance Company
Order Number: NCS-99882.5-5D
Page Number: 10
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other infom,ation which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
First American Title Insurance Company
LEGAL DESCRIPTION
Order Number: NCS-998825-5D
Page Number: 11
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A:
PARCELS 19 AND 20 OF PARCEL MAP NO. 11457, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JULY 2, 1981 AS FILE/PAGE NO. 81-209919 OF OFFICIAL RECORDS.
PARCEL B:
PARCELS 10, 11, 12 AND 13 OF PARCEL MAP NO. 11133, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, ON MARCH 25, 1981 AS FILE/PAGE NO. 81-090596 OF OFFICIAL RECORDS.
APN: 210-090-32-00 (Affects Parcel 10 of Parcel B)
APN: 210-090-33-00 (Affects Parcel 11 of Parcel B)
APN: 210-090-34-00 (Affects Parcel 12 of Parcel B)
APN: 210-090-35-00 (Affects Parcel 13 of Parcel B)
APN: 210-090-41-00 (Affects Parcel 19 of Parcel A)
APN: 210-090-42-00 (Affects Parcel 20 of Parcel A)
First Americ:an Title Insurance Company
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
Order Number: NCS·99882S·SD
Page Number: 12
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that petform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Ai'st American Title Insurance Company
Order Number: NCS-998825-SD
Page Number: 13
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02·03·10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a,, 14, 15, 16, 18, 19, 20, 2.3 or 27.
2. The failure of Your existing structures, or any part of them, to tie constructed in acc.ordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning It. This Exclusion does not limit the coverage described in covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limtt the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that toudl the Land.
This Exclusion does not limit the coverage descnbed 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 federc1I
bankruptcy, state insolvency, or similc1r creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurc1nce for the following Covered Risks is limited on the Owner's Coverage sratement c1s follows: For Covered Risk 16, 18, 19,
and 21 Your Deductible Amount and Our Maximum Dollar Umit of LIc1bility shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Polley Amount or $2,500.00 (whichever Is less)
covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Polley Amount or $5,000.00 [whidiever is less)
covered Risk 21: 1 % of Policy Amount or $2,500.00 (whIdiever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Sdiedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmentcll police power, c1nd the existence or violation of c1ny law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(c1) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not c1pply to viOk!tions or the enforcement of these matters which appec1r in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exerdsirig the right c1ppec1rs in the public records on the Policy Date
(b) the taking hc1ppened prior to the Policy Dc1te and is binding on you if you bought the lc1nd without knowing of the @king
3. Title Risks:
(a) that are crec1ted, c1llowed, or c1greed to by you
(b) thc1t c1re known to you, but not to us, on the Policy Date --unless they appeared in the public records
First American Title Insurance Company
(c) that result in no loss to you
Order Number: NCS-998825-SD
Page Number: 14
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specific.ally described and referred to in Item 3 of schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of covered Title Risks.
2006 AL TA LOAN POLICY {06·17·06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i, the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or loc.ation of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed 1n writing to the Company by the Insured Claimant prior to the date the Insured Claimant bec.ame an Insured under this
policy;
c. resulting in no loss or damage to the Insured Oaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceab/llty of the lien of the Insured Mortgage because of the inability or fa I lure of an Insured to comply with applic.able
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, ttlat ttie transaction
creating the lien of the Insured Mortgage, 1s
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated m Covered Risk 13(b} of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and ttie date of recording of the Insured Mortgage 1n the Public Records. This Exdusion does not modify or limit the
coverage provided under covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to ttie above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (bl proceedings by a public agency that may result in tixes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of ttie Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (bl reservations or exceptions 1n patents or in Acts authorizing the issuance thereof; (c) water rights,
daims or title to water, whether or not the matters excepted under (a), (bl, or (c) are shown by the Public Records,
First American Title Insurance Company
6. Any lien or right to a lien for services, labor or mater1al not shown by the public records.
2006 ALTA OWNER'S POLICY (06·17·06)
EXCLUSIONS FROM COVERAGE
Order Number: NCS-998825-SD
Page Number: 15
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
1. the ocrupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the L.al'\d;
Iii. the subdivision of lal'\d; or
1v. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded 1n the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting 1n loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Arr./ claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' right5 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. s. Ariy lien on the Title for real estate taxes or assessment5 imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
L (a) Taxes or assessment5 that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessment5 on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessment5,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, right5, interests, or claims that are not shown by the Public Rewn::ls but ltiat could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easement5, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patent5 or in Acts authorizing the issuance thereof; (c) water right5,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
A/'St American Title Insurance Company
Order Number: NCS-998825-SD
Page Number: 16
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07·26·10)
EXCLUSIONS FROM COVERAGE
The following matters are expressfy excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
1i. the character, dimensions, or locabon of any improvement erected on the Land;
iii. the sutxllvision of land; or
iv, environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion t(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, eno.imbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting In no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting m loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Un enforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided In Covered Risk 26.
6. Any clain1 of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
a~er the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11.
7. Any lien on the lltje for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' nghts laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title Insurance Company