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Home My WebLink AboutCDP 2020-0047; JAGUAR LAND ROVER CARLSBAD; Coastal Development Permit (CDP)(_ City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Service_.> Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits (FOR DEPT USE ONLY) D Coastal Development Permit D Conditional Use Permit r.--v" ct) [k1 Minor '/ 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 D Reasonable Accommodation 0 Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0 Minor f-----~ f-----~ f-------j Legislative Permits D General Plan Amendment D Local Coastal Program Amendment □ Master Plan D Amendment □ Specific Plan D Amendment □ Zone Change D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE UNL Yi 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. "SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: (STREET ADDRESS) NAME OF PROJECT: Jc~ ua< La_~ d 'i?ov e-< Ca, ls bd BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Developmeot No:DB!ZoW-CJ27S - P-1 ESTIMATED COMPLETION DATE Lead Case No. CQ():ZQ2Q ~Q'.)47 Pa□e 1 of6 Revised 03/17 • OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT} INDIVIDUAL NAME INDIVIDUAL NAME ,..,... l\f\r.Oi>.h l:\:)et,n (if applicable}: -r: w, 1-W-HN JII (if applicable)· ~ }Q COMPANY NAME COMPANY NAME -l--l~el:ll'-1 ;s& (11 applicable): \-W'l:lN ENTQQkCISr.. :'.I.. {if applicable): IMe_ MAILING ADDRESS: ~ l::!,'1-. :}Jl"\ MAILING ADDRESS: J?o ('2flL ~o, CITY, STATE, ZIP: C'fi!zLSS:,U ,CA ~d.0\~ CITY, STATE, ZIP ~':;E,/:li:)1 Cf\ '\di\i ~ TELEPHONE: (:J.bo) ~?ill' -4LISLj TELEPHONE ( "l!oO~ ~C\'cl -Sto ~3: EMAIL ADDRESS: k,..,.,\\h-_,_ -/4'\' ,.~ EMAIL ADDREss :::J hh@ v-oe,hc,('{'j]'.t6-,.,;,£crm ~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR J LRlJ,,L PURPOSES OF THIS APPLICATION . • SIGNATURE -/1<£.~'--- 'i/~ fu, C\i:,,a \ao DATE SIG~RE DA E APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LANO AND BIN ANY SUCCESSORS IN INTEREST. -,f _ ______2~-¢d~~--~ PROP RTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/17 ( 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. 2. 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 Robert Austin Hoehn Corp/Part Hoehn JLR, INC Title Owner Title. _____________ _ Address PO Box 789 Carlsbad, CA 92018 Address PO Box 789 Carlsbad, CA 92018 OWNER (Not the owner's agent) {;.(:<o •• I ··, 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 (Le., partnership, tenants in common, non-profit, corporation, etc.). lf 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.) . . ; :i' \ Person Theodore William Hoehn Ill Corp/Part Hoehn Enterprise 1, LLC Title Owner Address PO Box 789 Carlsbad, CA 92018 Title ______________ _ Address PO Box 789 Carlsbad, CA 92018 Page 1 of2 Revised 07/10 ' . ATTACHMENT TO DISCLOSURE STATEMENT P-1(A) Owners with greater than 10% of Hoehn JLR, INC Shares The Robert and Karen Hoehn Trust dated 730 Kalamath Drive June 2, 1988, as amended Del Mar, CA 92014 Robert Austin Hoehn, Trustee Karen Marie Hoehn, Trustee The Bill Hoehn Family Trust dated October 9, PO Box 1606 1996 Rancho Santa Fe, CA 92067 Theodore William Hoehn Ill, Trustee Owners with greater than 10% of Hoehn Enterprise 1 Shares Theodore William Hoehn Ill and Susan Hughes Hoehn, Co-Trustees of the Bill and Susan Hoehn Family Trust dated October 9, 1996 Rebecca Hoehn Anderson, a married woman as her sole and separate property Adrienne Hoehn Sherman, a married woman as her sole and separate property Theqdore William Hoehn IV, an unmarried man as his sole and separate property PO Box 1606 Rancho Santa Fe, CA 92067 126 Woodley Road Winnetka, IL 60093 PO Box 969 Rancho Santa Fe, CA 92067. PO Box 789 Carlsbad, CA 92018 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 D No If yes, please indicate person(s):. ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. EU Signature of owner/date I I plicanUdate T.W. Hoehn Ill Robert Austin Hoehn Print or type name of owner Print or type name of applicant £a El~~ </, 6'· av Signature of owner/applicant's agent if applicable/date Rick Blakemore Print or type name of owner/applicant's agent P-1(AJ Page 2 of 2 Revised 07/10 ( City of Carlsbad PROJECT DESCRIPTION P-1 (B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: ✓ag0a.x:-Lc-<-JA-d Rove.er C=:/.~b~ APPLICANT NAME: ~o HaA,,..ab /.ioe/.,11) Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Exp Ian ation : / n s-ra-'l ,::,.,.,f:;,.,.,,,6 b, / ,e. b .,,,,.._v,.,J. > l~ ·~~ P-1(8) Page 1 of 1 Revised 07110 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ _ (To be completed by City) Application Number(s): __________________________ _ General Information 1. Nameofproject: ~uar l,q,v..d 'B:,vex-c;,._c/sW 2. Name of developer or project sponsor: ::fa I../ all I'\ a.i;.,_ Hoe£ ~ Address: p.o. 80>< 7?:q C ~ ✓'s· I I /' • a~o{~-7 City, State, Zip Code: ----''-=~=~b'-"f:=b=ad-==,~L<::>.-=='-'-----''--=---=-'--'"'=---------- Phone Number: _ _,"?l--'!?'-'O~_.z.,_cc_"_c_,7-i'-_5-6=--cbcc~_oc..=oc__ ___________ _ 3. Name of person to be contacted concerning this project: K c:::=...k fi? / aJ< e,U/1 o < '2., Address: ..Po b'ox k3bD 4. 5. 6. 7. 8. 9. City, State, Zip Code Ca-,ls b a.-l , {J:,, . "1 Z.O I&" Phone Number: --'-7._,'(7)=_-f.LCQ.D='---~"'· ~tc_D=-..,/ _____ ~-------- S-33 'f Pe-sec-.Der No&. C:,,,Jsi,al a. Address of Project: r , Assessor's Parcel Number: _ _,-;;2,=tuf_· -"-'--'=0"-"h"-0'-"-.c-_D-=..2,.,,_ ___________ _ 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: Existing General Plan Land Use Designation: (: ..... Q ~elo e<o...f c:;fllwte<t'J al Zc:>0-e.. Exist;ng zon;ng district: ~:C 4u ,,t{7 Cc-.</$ h d Existing land use(s): A v-fo d p_.a) .e.r:;;,J., p Proposed use of site (Project for which this form is filed): IJ v-to J~& sl. p Project Description 10. Site size: _ _,_l-"Y'-'OC.,'-' LI ~4/c'-'/'---'~"'"fF+'-'-r~, ----1(__.,2.,,_,_5_,q_;a.:_=,c<,_,~=-,,-------- 11. Proposed Building square footage: _ _.:,Nµ'-----------------~ 12: Number of floors of construction: --'--"-'-'-/1~----------------- 13. Amount of off-street parking provided: ~"-f-'-•~~---------------- 14. Associated projects: ------~fv.'f-'11~----------------- P-1(0) Page 2 of 4 Revised 07i10 15. 16. 17. 18. 19. P-1(0) If residential, include the number of units and schedule of unit sizes: _,_N;'/,'-":,q'----------7 If commercial, indicate the type, whether !,lyighborhood, city or regionally oriented, square footage of sales area, and loading facilities: -~M~/u.,111._ ___________________ _ I If industrial, indicate type, estimated employment per shift, and loading facilities: 7 If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --''j¥/,.,_,q,_ ____ _ If the project involves a variance, conditional LJS8 or rezoning applications, state this and indicate clearly why the application is required: -"}l",,/~,Pc:_ __________________ _ Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. Yes □ 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. □ □ □ □ □ □ □ 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: □ □ 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: IO· o2 -8 'D Signature Q @~ -For: ✓fl"{Jq_-, {a,, d R"""= W<"fsW P-1(0) Page4 of4 Revised 07110 (_ City of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment". Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: _______ square feet x $. ____ ./sq. ft.=$ _________ _ ⇒ Residential Addition Square Footage: _______ square feet x $ ___ ~/sq. ft.=$ _________ _ ⇒ Any Garage Square Footage: _______ square feet x $, ____ /sq. ft.=$, _________ _ ⇒ Residential Conversion Square Footage: _______ square feet x $ ____ /sq. ft.=$, _________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft.=$, __________ _ COST OF DEVELOPMENT ESTIMATE: $. ___________ ~ 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 S"33t ?4seo:Pel 610:iT~ k< {:;bad P-6 Page 1 of 7 Revised 08119 D. Assessor's Parcel Number of proposed development [),!/ -at: O -D & E. Development Description: Brieflydescribeproject: &.;;1';,// a@c;MoG,le. b,aud s17VI> F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Ai.> 1; deaf e.,-< South: /l J/:o d,;:::,.afe--r East: IJ .Jt"o d t?-a/GW West: A u-fc. d 67,::[Je,< G. Is project located within a 100-year flood plain? D Yes Ga'No 11. PRESENT USE OF PROPERTY A. Are there existing structures on the property? [B'Yes D No If yes, please describe. A v".h> d .;,aJ (ilf s ~ ,p 1n c/v d. '"'4 ,Sb bof,foQVV! I a4"" 'v, ®cg,s, i,.!ori, slJDF, . ....ia <;e ho~ "'--, f"Cl;rl:.1"4 :rte., c-tre.-'T , B. Will any existing structure be removed/demolished? D Yes ~o If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). 111. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing -46,qO{},,sq. ft. I /'i{, 7'(() sq. ft. ~CG/ sq. ft. • ___ sq.ft. Page2of7 Proposed Total ___ sq.ft. "16, 10:;;)sq. fl. 36 % ___ sq.ft. /ft;7+0 sq. ft. /'-f:.1./% ___ sq. ft. f;'0/;1. I sq. ft. D-I % ___ sq.ft. ___ sq.ft. % --- Revised 08/19 • P-6 B. Parking: Number of existing spaces 336 Number of new spaces proposed --~V"---- Existing/Proposed TOTAL: 33 b Number of total spaces required _ _,/_/...:0==----- Number of covered spaces @;J 3 Number of uncovered spaces -~f~/~3~--- Number of standard spaces ,?-5 6 Number of compact spaces S'P Is tandem parking existing? [!fves #.2.L D No Is tandem parking proposed? D Yes# D No C. Grade Alteration: Is any grading proposed? D Yes [B'No If yes, please complete the following: 1. Amount of cut ___________________ cu. yds. 2. 3. 4. 5. Amount of fill ___________________ cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of 7 Revised 08119 Development Services Planning Division CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 ( City of Carlsbad 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b).* *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of? Revised 02120 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 met ric 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 project 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 Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: SO dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet Retail Store: 11,000 square feet Grocery Store: 6,300 square feet Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC01e/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ lf"No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 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. Pmject No./Namec I.) a,< Le,_.,__) 'b I/ e,. Property Address/APN: 6'3.3 ~ ~6e,oj)zl Nor--t"e. .a.,1~1:aid ~II -06 o-V~ ;1""o Haf\na.J, Hoebh Applicant Name/Co.: Applicant Address: Contact Phone: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: 2-d< 96/aJ<~e ~~ _ 1,!_Ql;ootact Ema;I ctcl<b lakeMo<"e re "6ti«C4{ C 0\11 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 est imating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $_-. ..... 7<--,--=b _____ L...-__ _ □ Alterations: D BPV 2: $60,000 D BPV 2: $60,000 □ Electrical service panel upgrade □ BPV 2: $200,000 □ New construction Alterations: P-30 lA lA and 4A 4A lA and 4A Page 3 of 7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ 8PV ~ $200,000 or additions ~ 18,5 1,000 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 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. D Residential addition or alteration 2: $60,000 building permit valuation. ?N;A __________ _ See Ord. CS-347, Section 8. D Exception: Home energy score 2: 7 Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof □ 1978 and later Select one: D Lighting package D Water heating package □ Between 1978 and 1990 □ 1991 and later B. ~ Nonresidential* new construction or alterations 2: $200,000 building permit valuation, or additions 2: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.29,3.1.1.1 li1efutdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget D .90 Energy budget AS.211.1.** □ On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators AS.213.1 D Steel framin P-30 Page 4 of 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation D Duct Sealing D Cool roof Select one: D Lighting package D Water heating package 0 N/A _________ _ □ N/A @/N/A ~ N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist 0 N/A • Includes hotels/motels and high-rise residential buildings •• For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. ··-2111111 . -~;1. 1.,1 • ·~ ! ~ -'\'t-, .,1 ,_' ' . .t1' A. 0 Residential new construction {for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l{c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + ( 1.15 x #d.u.} *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D □ D kWdc B. 0 Nonresidential new construction or alterations .?$1,000,000 BPV and affecting .?75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: 0 Gross Floor Area {GFA) Method GFA: D If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If;,: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 02120 City of Carlsbad Climate Action Plan Consistency Checklist ' '''i . -'. 1; 1 ( l ~, l. I I. . ' ~ , I • ~ ,. . . ~ . _, .. -. -'-'--'-' A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribut ion AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150. l (c) 14 (for low-rise residential) D 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: D 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: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (att ach documentation): D Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential· D Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") I I Installed 7 I Total P-30 Page 6 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist 'Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B O Nonresidential new construction (includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed Caoable Ready Installed Total Calculation· Refer to the table below· Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 SJ. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TDM plan required: Yes □ No ✓ LDE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 02/20 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www .carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: PROJECT ID: ADDRESS: APN: 2,// -0 60 -0 a._ The project is (check one): D New Development ff Redevelopment The total proposed disturbed area is: / 33 ft2 ( .. 003) acres The total proposed newly created and/or replaced impervious area is: / 3.3 ft2 ( .. QO J) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID _________________ SWQMP #: ________________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 or 4 REV 03/19 ' STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIM ITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ ~ If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above auestion, the oroiect is a 'development project', ao to Steo 2. STEP 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ [1}-accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If vou answered "no" to the above questions, vour oroiect is not exemot from PDP, qo to Step 3. E-34 Page 2 of 4 REV 03/19 • . STEP3 ;-,. , .. ~i '<•._,..,, :j. TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~ and oublic develooment oroiects on oublic or orivate land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ w more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public develooment oroiects on oublic or orivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ [B" refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ [H" development project includes develooment on any natural slope that is twenty-five percent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ [M' a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ [H' site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally ~ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA fi. e. not comminqled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ lu" 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinQ "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 03/19 .. t STEP 4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "Mv oroiect is a PDP ... " and complete applicant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: -~}~ l:! ~ r-i~h \-¾)~\,'\('I Applicant Title: P(esirten:±, ~h Tt I?" (N(' Applicant Signature: ~&\0-~ Date: °' l(~d-\~ • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 , .. { City of Carlsbad Project Name: ✓A v~ Project ID: DWG No. or Building Permit No.: STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Pro·ect Information 1 Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. ' Source Control Requirement ., .• Applied? ~ . SC-1 Prevention of Illicit Discharges into the MS4 lir?'es 0 No 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage D Yes D No ~IA Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~es D No 0 N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 - .. 0 I Source Control Reauirement (continued) Aoplied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and 10'Yes 0 No 0 N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal 0"Yes □ No 0 N/A Discussion/justification if SC-5 not implemented : SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for quidance). □ On-site storm drain inlets □Yes 0 No ~N/A □ Interior floor drains and elevator shaft sump pumps □Yes □ No ~/A □ Interior parking garages □ Yes 0 No ~/A □ Need for future indoor & structural pest control □ Yes □ No (B'N/A □ Landscape/Outdoor Pesticide Use □Yes □ No (!(NIA □ Pools, spas, ponds, decorative fountains, and other water features □Yes O No f!{N/A □ Food service □ Yes 0 No ~/A □ Refuse areas □Yes 0 No g'N/A □ Industrial processes □Yes 0 No !irNJA □ Outdoor storage of equipment or materials □Yes 0 No ~/A □ Vehicle and Equipment Cleaning □Yes O No !Jd'N/A □ Vehicle/Equipment Repair and Maintenance □Yes D No [R'N/A □ Fuel Dispensing Areas □Yes D No ~/A D Loading Docks □ Yes □ No (B"N/A □ Fire Sprinkler Test Water □ Yes O No !i?'N/A □ Miscellaneous Drain or Wash Water □ Yes 0 No ~/A □ Plazas, sidewalks, and parkina lots □ Yes D No [!r't\J/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of4 Revised 09116 1 0 0 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? 50-1 Maintain Natural Drainaqe Pathways and Hvdroloqic Features I ~es T □ No I □ N/A Discussion/justification if SD-1 not implemented: 5D-2 Conserve Natural Areas, Soils, and Vegetation I !MYes 1 0 No I □ N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area T ~es I □ No I □ NIA Discussion/justification if SD-3 not implemented: 5D-4 Minimize Soil Compaction I [V(es T □ No I □ N/A Discussion/justification if SD-4 not implemented: 50-5 Impervious Area Dispersion I □ Yes I □ No l~/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of4 Revised 09/16 ... continued SD-6 Runoff Collection □ N/A Discussion/justification if SD-6 not implemented: SD-7 Landsca in with Native or Drou ht Tolerant S ecies □ Yes □No IA Discussion/justification if SD-7 not implemented: □ Yes □ No E-36 Page 4 of 4 Revised 09/16 .. CONDITION OF TITLE Guarantee Number: Issued By: @ cmCAGO TITLE INSURANCE COMPANY 73720016511 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Countersigned By: Authorized Officer or Agent Condition of Title Guarantee Cl TA Guarantee Form No. 28 (06/05/2014) Page 1 Chicago Title Insurance Company By: Attest: President Secretary 0 NOV • r 2020 e>oAD ~ OIVISIO l Printed: 11.06.20@ 12:23 PM CA-CT-FWDQ.02180.055820..SPS-1-20..73720016511 CHICAGO TITLE INSURANCE COMPANY Amount of Liability $5,000.00 ISSUING OFFICE: Title Officer: Richard Moore Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619)521-3590 Fax: (619)521-3690 Main Phone: (619)521-3500 Email: moorer@ctt.com SCHEDULE A Fee $500.00 Date of Guarantee: November 3, 2020 at 07:30 AM 1. Name of Assured: Jaguar Land Rover Carlsbad 2. The estate or interest in the Land which is covered by this Guarantee is: Fee 3. The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Hoehn Enterprise I LLC, a California limited liability company GUARANTEE NO. 73720016511 Title Officer Richard Moore b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Condition of Tifle Guarantee Cl TA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE A Page 2 Printed: 11.06.20@ 12:23 PM CA-CT-FWD0-02180.055820-SPS-1-20-73720016511 For APN/Parcel ID(s): 211-060-02-00 EXHIBIT "A" Legal Description Lot 5 of Carlsbad Tract No. 72-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7492, filed in the Office of the County Recorder of San Diego County, November 30, 1972. Conditk>n of T,~e Guarantee CL TA Guarantee Farm Na. 28 (06/05/2014) Page 3 Printed: 11.06.20@1223PM CA-CT-FWD0-02180.055820-SPS-1-20.-73720016511 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 SCHEDULE B 1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No .. Fiscal Year: 211-060-02-00 2020-2021 $72,604.39, open 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Code Area: $7,260.43 (Due after December 10) $72,604.39, oen $7,270.43 (Due after April 10) 09000 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Polley. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Affects: ingress and egress May 15, 1961 83960 Official Records the route thereof affects a portion of said land and is more fully described in said document. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map; Purpose: Affects: Recording No.: general utility, sidewalk and landscape as shown on said map Map No. 7492 5. Covenants conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No.: January 24, 1973 73-021574 Official Records Said covenants conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification{s) of said covenants, conditions and restrictions Recording Date: November 14, 1974 Recording No.: 7 4-0302069 Official Records 6. Easement{s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Affects: Condition of T~le Guarantee public utilities and incidental purposes and ingress and egress March 22, 1973 73-074588 Official Records the route thereof affects a portion of said land and is more fully described in said document. CL TA Guarantee Fonn No. 28 (06/05/2014) PMnted: 11.06.20@ 12.23 PM CA--CT-FWD0.02180.Q55820-SPS-1-20-73720016511 Page4 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 SCHEDULE B (continued) 7. Easement{s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Affects: public utilities and incidental purposes and ingress and egress May 10, 1977 77 ~ 177 402 Official Records the route thereof affects a portion of said land and is more fully described in said document. 8. Easement{s) for the purpose{s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Affects: public utilities and incidental purposes and egress and egress October 12, 1977 77-418791 Official Records the route thereof affects a portion of said land and is more fully described in said document. 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No .. Recording Date: Recording No.: $4,145,000.00 May 23, 2013 Hoehn Enterprise I LLC, a California limited liability company Chicago Title Company Comerica Bank, a Texas banking corporation not shown May 31, 2013 2013-0342278 Official Records 10. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No. Recording Date: Recording No.: $867,800.00 May 30, 2013 Hoehn Enterprise I LLC, a California Limited Liability Company Chicago Title Company T. William Hoehn, Ill not shown May 31, 2013 2013-0342279 Official Records Said deed of trust recites that it is subordinate to the trust deed recorded concurrently therewith. An agreement recorded October 2, 2014 at 2014-0427994 Official Records which states that this instrument was subordinated to the document or interest described in the instrument Recording Date: October 2, 2014 Recording No.: 2014-0427993 Official Records Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Page 5 Printed: 11.06.20@ 12:23 PM CA-CT-FWD0-02180.055820-SPS-1-20-73720016511 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 SCHEDULE B (continued) This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 11. Matters contained in that certain document Entitled: Recording Date: Recording No.: Notice of Restriction on Real Property May 16, 2014 2014-0202114 Official Records Reference is hereby made to said document for full particulars. 12. Matters contained in that certain document Entitled: Recording Date: Recording No.: Hold Harmless Agreement Geological Failure July 24, 2014 2014-0313512 Official Records Reference is hereby made to said document for full particulars. 13. Matters contained in that certain document Entitled: Recording Date: Recording No.: Hold Harmless Agreement Drainage July 24, 2014 2014-0313513 Official Records Reference is hereby made to said document for full particulars. 14. Matters contained in that certain document Entitled: Recording Date: Pem,anent Stormwater Quality Best Management Practice Maintenance Agreement August 4, 2014 Recording No.: 2014-0332272 Official Records Reference is hereby made to said document for full particulars. Cond1t1on of Tille Guarantee CL TA Guarantee Form No. 28 (06/0512014) Page 6 Pointed: 11.06.20@122JPM CA..CT-FWD0---02180.055820-SPS-1-20-73720016511 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $2,720,000.00 July 9, 2014 GUARANTEE NO. 73720016511 Trustor/Grantor Trustee: Hoehn Enterprise I LLC, a California limited liability company Chicago Title Company Beneficiary: Loan No.: Recording Date: Recording No.: Comerica Bank, a Texas banking association not shown October 2, 2014 2014-0427993 Official Records An additional advance to be secured by said deed of trust, as disclosed by an instrument: Amount of Advance: Recording Date: Recording No.: $14,000,000.00 August 23, 2017 2017-0383563 Official Records 16. Matters contained in that certain document Entitled: Recording Date: Permanent Stormwater Quality Best Management Practice Maintenance Agreement January 20, 2016 Recording No.: 2016-0022424 Official Records Reference is hereby made to said document for full particulars. 17. Matters contained in that certain document Entitled: Recording Date: Recording No.: Hold Harmless Agreement Geological Failure January 20, 2016 2016-0022425 Official Records Reference is hereby made to said document for full particulars. 18. Matters contained in that certain document Entitled: Recording Date: Recording No.: Hold Harmless Agreement Drainage January 20, 2016 2016-0022426 Official Records Reference is hereby made to said document for full particulars. 19. Matters contained in that certain document Entitled: Recording Date: Temporary Shoring and Underpinning Access Agreement June 10, 2016 Recording No.· 2016-0286522 Official Records Reference is hereby made to said document for full particulars. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/0512014) Page7 Printed: 11.06.20@ 12:23 PM CA--CT-FW00-02180.055820-SPS-1-20-73720016511 • CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 73720016511 20. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): members/owner The Company resetves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 21. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 22. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Hoehn Enterprise l LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. lf less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form Condition of Title Guarantee CL TA Guarantee Form No 28 (06/0512014) END OF SCHEDULE B Page 8 Printed: 11.06.20@122JPM CA..CT-FWDQ-02180.055820-SPS-1-20-73720016511 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens, encumbrances. adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shoWll by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result In no loss to the Assured. (c) Defects, liens. encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of 1his Guarantee. (e) The validity, legal effect or prionty of any matter shown or referred to in any oft he schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (3) water rights. claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The follo'Mng terms when used in the Guarantee mean: (a) the "Assured"· the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land"· the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues. alleys, lanes, ways or waterways. (c) "Mortgage"· mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowiedge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability"· the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly In writing in case knowiedge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate v.ith regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as l1m1ted in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shal! be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the ·company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the nght to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and v.ill not pay the fees of any other counsel, nor v.ill the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litIgatIon to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. \I\Jhenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate Cond<tIon of T1~e Guarantee CLTA Guarantee Form No. 28 (0610512014) Page9 Printed 11.06.20@ 12:24 PM CA"CT-FWD0-02180.055820-SPS-1-20-73720016511 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 (continued) 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable Judgment of the Company, it is necessary 1n the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the lime of payment or tender of payment and that the Company is obligated to pay. {b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the lime of payment or tender of payment and that the Company is obligated to pay: or {c} To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, allomeys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b} If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or v,.,;th the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs. attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (bl When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies wllich the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a ciaim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Cond1t1on of Title Guarantee CL TA Guarantee Form No. 28 (06/0512014) Page 10 Printed: 11 .06.20@ 12:24 PM CA-CT-FWD0-02180.055820-SPS-1-20-73720016511 ' CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73720016511 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Tille Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided 1n the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters \Mien the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only wllen agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee. this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, wllether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee. in whole or in part. Is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in fuH force and effect 14. CHOICE OF LAW; FORUM (a) Choice of Law: The Assured aclmow1edges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction wile re the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b} Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only m a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department Cond1t1on of TiUe Guarantee CL TA Guarantee Form No. 28 (06105/2014) END OF CONDITIONS Page 11 PMnted 11.0620@12.24PM CA-CT-FWD0-02180.055820-SPS-1-20-73720016511