HomeMy WebLinkAboutCUP 2024-0002; ALAN'S GOLF BALLS; Conditional Use Permit (CUP)IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the
deed must correspond exactly with the ownership listed, If the owner noted on the Grant Deed does not
match the person signing as Property Owner, provide paperwork documenting the person signing is
authorized to sign as a Property Owner.
Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent
property for any reason, the land Use Review Application shall include the written consent or legal
easements or other property rights of the adjacent property owner or their authorized representative.
and shall include such consent with the application package. The application will not be deemed
complete unless and until all necessary consent documents are so filed. The consent shall be in a form
acceptable to the City Planner. If the proposed improvements on the adjacent property change the
nature of the property's development rights (or implied bundle of rights), the city might require
recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a
condition of project approval.
Does the project's limits of disturbance encroach on property not owned by the Property Owner?
D Yes CZ! No If yes, attach adjacent owner authorization.
PART B. Owner Declarations (to be signed by Property Owner)
I/We hereby certify under penalty of perjury that I have read the information below and that:
1. I/We understand that it is the responsibility of the Applicant to substantiate the request through
the requirements of the application.
2. I/We understand that if there is a zoning violation on the property, application review may be
delayed. Any unpermitted structures or uses must either be removed or legalized at part of this
application.
3. I/We understand that if this application is approved, I/we may be required to record a covenant
with the County Recorder's Office, the form and content that is satisfactory to the City and its
City Attorney, to notify future owners of the project approval and restrictions.
4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify
that I/we will comply with all conditions attached to the approval action. I/We understand that
the failure to comply with any conditions shall constitute grounds for the revocation or
modification of the approval, permit, or other authorizations provided.
I ,•·
5. Prior to any use of the project site pursucl'nt to the permit issued, n cor:,ditions of approval (if
any) w;II be completed o, secu,ed in the mrae, as stat.ed o, ,equi,ie ~
Property Owner Signature(s):/ J \ \ llh,:1 • (
Name(s) \J \ '0 l -C \'1.\-\J ~ V\ J2t V A\'1-t Date 1-I le\)__~
Page 2 of 6
P-1(A) Form Rev 612023
PART C. Project Team Information (complete all applicable fields)
Applicant: □ Same as Owner □ Different from Owner
Name {if different from Owner): _A_la_n_O_s_ia_k_o_w_s_ki _________________ _
Company or Firm: Alan's Golf Balls
Contact Address: 2382 Camino Vida Roble, Ste. G
City, Carlsbad State: _C"-A--'----------Zip Code: 09-'-2~0_1-'-1 __
Agent or Representative: □ Same as Applicant 0 Different from Applicant 0 N/A
Name (if different from Applicant): _A_d_a_m_K_o_o_ie_n~g~•------------------
Company or Firm: _____________________________ _
contact Address: 2352 Seasons Rd.
City: Oceanside State: 0C"A--'-----------Zip Code: 92056
Other (specify Architect, Engineer, CEQA Consultant, etc.): ______________ _
Name: ________________________________ _
Company or Firm: _____________________________ _
Contact Address: _____________________________ _
City: ____________ State: ____________ Zip Code: _____ _
NOTE: A Letter of Authorization {LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single "Point of Contact" Designation
A single «point of contact" is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individuaf elected on the land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: D Applicant □ Property Owner IZI Agent □ Other ________ _
Page3of6
P-1(A) Form Rev6/2023
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
□ Yes ~No If yes, indicate person(s): __________________ _
NOTE: Attach additional sheets if necessary.
PARTF. Applicant Declarations (to be signed by Applicant)
I hereby certify under penalty of perjury that I have read the information below and that:
1. l have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. 1 understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's "Minimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additional discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review "clock" and extend processing timelines.
S. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do
not exist between the project's description on the application, the architectural plans and the
structural plans. If discrepancies exist between the architectural plans and the structural plans,
the architectural plans shall take precedence. Ultimately, the scope of work, as described on the
permit that authorizes construction, takes precedence over the plans. lf there is a discrepancy
between the plans and the description on the permit, the permit governs.
Page 4 of 6
P-1(A) Form Rev612023
7. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere on line, outside of the city's control.
8. I understand there are no assurances at any time, implicitly or otheiwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
9. If the project is approved or conditionally approved, the approved plan set of project drawings,
civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans
shall not be altered without express authorization by the City Planner. Once a permit has been
issued, the Applicant may request permit modifications. "Minor" modifications might be granted
if found by the City Planner to be in substantial conformity with the approved plan set, including
all exhibits and permit conditions. Modifications beyond the scope described in the approved
plan set might require submittal of an amendment to the permit and approval by the authorized
review body.
10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
'
11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denlal of the application or related decisions. This indemnification shall Include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
Page 5 of6
P-1{A) Form Rev 6/2023
By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the
application I am submitting, including all additional required information, is complete and accurate to
the best of my knowledge. I understand that any misstatement or omission of the requested
information or of any information subsequently requested might be grounds for rejecting the
application, deeming the application incomplete, denying the application, suspending or revoking a
permit Issued on the basis of these or subsequent representations, or for the seeking of such other and
further relief as deemed by the City of Carlsbad.
Ab<-O· ·,,, ,,,.
Applicant Signature:------~-'--=--'---------------------
Name: Alan Osiakowski Date: 2/3/24
This form must be stapled/attached to the application and shalf be effective until replaced or
revoked in writing.
Page6of6
P-1(A) Form Rev612023
" ...
PART A. Project Summary Information
NAME OF PROJECT: Alan's Golf Balls -Ancillary Retail
APPLICATION PERMIT TYPES REQUESTED: cM=in:.:oc.r..:C::.:U:.:Pc__ ________________ _
ACCESSOR PARCEL NUMBERS: ..:2::.:1.:.3...:-0:.:5..:0..:-2:.:3:._ ____________________ _
PROPERTY ADDRESS: 2382 Camino Vida Roble, Ste. G
CONTACT: □ Applicant D Property Owner 0 Agent
Signature: A~/;"'~~
Name: Adam Kooienga Date: 4/12/24
Fully describe the proposed project by application type. Include any details necessary to adequately explain the
scope and/or operation of the proposed project. You may also include any background information and
supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet
if necessary.
Alan's Golf Balls is a business that receives used golf balls for cleaning, repair, and repackaging.
These golf balls are then resold via online sales and shipped to the purchaser. Alan's Golf Balls is now seeking
to resell golf balls at their location at 2382 Camino Vida Roble, Ste. G. The retail component would occur
in the front area of the suite near the entrance in an area approximately 184 sf, The total area of
the suite is approximately 1,517 sf. The project is located within the PM zone and the primary
use cleaning/fixing/repackaging/shipping of golf balls should be allowed by right. The onsite
retail is under the 20% ttotal floor area threshold for ancillary retail in the PM zone (approx. 12%).
Alan's Golf Balls is seeking the required Minor CUP to allow the ancillary retail sales to occur onsite.
Page 2 of 4
I'-I I HJ Form Rev ..\i20l..\
, ...
10. The project site located within the Coastal Zone. □
NOTE: If "yes," you may need to complete Form P 6 and/or Form P-7.
a. If "yes," does any portion of the property contain wetlands, as defined in Title D
14 of the California Code of Regulations§ 13577.
b. If "yes," does any portion of the property contain environmentally sensitive D
habitat areas, as defined in Public Resources Code§ 30240.
NOTE: If "yes," you may need to complete Form P-17 or Form P-18.
c. If "yes," does any portion of the property contain a tsunami run-up zone or D
mapped inundation area.
d. If "yes," does any portion of the property contain any public access to or along D
the coast.
11. The project impacts a stream or other resource that may be subject to a D
stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish
and Game Code§ 1600.
12. Any portion of the property is subject to any recorded public easement, such D
as easements for storm drains, water lines, and other public rights of way.
I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true
and correct.
Name: Adam Kooienga
Signature: Adant.-;(:;'tJtJ~
This form must be stapled/attached ta the application and shall be effective until replaced or revoked in writing.
NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update
the information provided in response to issues raised by during the course of the city's review.
Page4of4
l'-11 H) Fmm Rel' -ti~024
PART A. Requested Environmental Clearance (All Projects)
□ DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project.
f./ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application
package is NOT a "project" as defined by CEQA (Public Resources Code§ 21065; CEQA Guidelines
§ 15378.
Applicable Public Resource Code or CEQA Guidelines Sec.: ______________ _
□ EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent
contemplating using a CEQA exemption should carefully review both the Public Resources Code
and the State CEQA Guidelines to determine whether specific criteria apply that may or may not
be applicable to their proposed project. To assist the city in assessing whether the proposed
project is exempt from further review, the Applicant, Property Owner, or Agent may be asked to
provide written explanation and substantiate the requested exemption (see below).
=1 Ministerial. The requested activity is exempt from further CEQA review because
it is specifically excluded from CEQA consideration as defined by the State
Legislature. These exemptions are delineated in Public Resource Code§§ 21080
et seq. and CEQA Guidelines.
Applicable section: ______________________ _
D Categorical. The requested activity is exempt from further CEQA review because
it belongs to a list of classes of projects that generally are considered not to have
potential impacts on the environment Categorical exemptions are identified by
the State Resources Agency and are defined in the CEQA Guidelines §§ 15300-
15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence
must include why the quested exemption is not negated by some sort of an
exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter
19.04 of the Carlsbad Municipal Code.
D Other type of exemption, such as Agricultural Housing, Affordable Housing, and
exemption for residential projects in a specific plan, etc. (Article 12.S of the CEQA
Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.) ADDITIONAL
DOCUMENT AT/ON AND/OR CHECKLIST MUST BE ATTACHED.
□ ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA
because the project does not qualify for an exemption. This Environmental Information Form will
be used to assist staff in determining what type of environmental documentation (i.e.,
Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration) will be
required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Municipal Code. The city will
typically complete its initial environmental study thirty days after an application is determined
complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the
timeframe is extended.
Page2of5
DR.-\1'"1 l'-1\DI form Rn (,'~IJ~-1
PART B. Property and Project Screening Information (If Applicable)
This section is to be completed only if further environmental review and documentation is required (such
as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your
Land Use Review Application is complete, the City Planner will request the preparation of an Initial Study,
which will rely, in part, on the information provided in this form. ff you believe that a previously completed
CEQA document adequately addresses the environmental impacts of the proposed project, a Petition for
Use of Prior CEQA Document or tiering checklist (as required by CEQA) may be filed which will be reviewed
and considered. It is important to note that the details of the request must be carefully evaluated and
Planning staff's recommendation or decision for environmental review may change.
NOTE: If you hove any questions regarding what constitutes an environmental resource of concern,
Planning staff may be contacted for further information. The clarity and accuracy of the information you
provide is critical for purposes of quickly determining the specific environmental effects of your project.
1. Describe each item as it relates to the PROJECT SITE:
a. Existing land uses/ structures: ______________________ _
b. Topography/ slope: _________________________ _
c. Vegetation: _____________________________ _
d. Wildlife: ___________________________ _
e. Surface waters: ___________________________ _
f. Cultural/ historical resources: ______________________ _
g. Other: ____________________________ _
2. Describe each item as it relates to the SURROUNDING AREA:
a. Existing land uses/ structures: ______________________ _
b. Topography/ slope: ________________________ _
c. Vegetation: ____________________________ _
d. Wildlife: _____________________________ _
e. Surface waters: ___________________________ _
f. Cultural/ historical resources: ______________________ _
g. Other: ______________________________ _
Page 3 of 5
f)R,\Fi F-i 1 ! )i J"nnn Re, t'>/2-',2';
3. Describe the whole action involved, including but not limited to later phases of the project, and any
secondary, support, or off-site features necessary for its implementation.
4. What steps can be taken to mitigate any adverse effects that may result from this project? List the
adverse effect first, then the mitigation measure(s) to reduce that effect.
Are the following items applicable to the project or its effects? Discuss all items checked "yes" (attach
additional sheets as necessary).
5. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
6. Change in scenic views or vistas from existing residential areas or public lands or
roads.
7. Change in pattern, scale or character of general area of project.
8. Significant amounts of solid waste or litter.
9. Change in dust, ash, smoke, fumes or odors in vicinity.
10. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
10. Substantial change in existing noise or vibration levels in the vicinity.
11. Site on filled land or on slope of 10 percent or more.
12. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
13. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
14. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
15. Relationship to a larger project or series of projects of the same type in the same
general area.
Yes No
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Page 4 of 5
DRAFT P-lrJ)) hmn R~, (,12(,21
•
Yes No
16. Site with tree groves, rock outcroppings, or similar resources. □ □
17. Site with sensitive plant or animal habitats, defined by the California Endangered □ □
Special Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered
Species Act (16 U.S.C. §§ et. seq.); or sensitive, rare, candidate species of special
concern; endangered or threatened biological specials or their habitat (specifically
including sage scrub habitat for the California Gnatcatcher); or the site is
immediately adjacent to a corridor or larger area which has wildlife movement.
18. Site has known archaeological or cultural resources from either historic or □ □
prehistoric periods.
19. Site has buildings or structures, including houses, garages, barns, commercial □ □
structures, etc. with extant architecture that are usually more than 45 years old.
NOTE: The city requires completion of this form for informational purposes. An affirmative response to any
of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e.,
biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact"
determination should be submitted as an attachment to this Environmental Information Form to help
expedite the city's environmental review but IS NOT required to complete your application. Formal
environmental review does not begin the Land Use Review Application is determined to be complete.
A few statutes or ordinances require agencies to make decisions on permits within time limits that are so
short that review of the project under CEQA time limits would be difficult. To enable the city to comply
with the Permit Streamlining Act and CEQA, the case planner will deem an application for a project not
received for filing under the statute or ordinance until such time that progress toward completing the
environmental documentation required by CEQA is sufficient to enable the city to finish the CEQA process
within the shorter permit time limit.
This form must be stapled/attached to the application and shall be effective until replaced or revoked
in writing.
Page 5 of 5
DR/\!··! P-ltDI 1·m111 Re·, (,,'2(123
. . .
{_ City of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
Planning Division
1635 Faraday Avenue
(442) 339·2610
www.carlsbadca.gov FEB 2 1 2024
§ ACKNOLWEDGEMENT INFORMATION
Time limits on the processing of discretionary projects established by State law do not start until a project
application is determined to be complete by the city. The city has thirty calendar days from the date of
application submittal to determine whether an application is complete or Incomplete. The State law, called
the Permit Streamlining Act (California Government Code §§ 65920 et seq.), applies to "development
projects," which include subdivision maps and most discretionary development permit applications. It does
not apply to ministerial actions (such as building permits, lot line adjustments, etc.) and does not apply to
legislative actions (such as zoning district or map changes).
Permit application intake and project review must not begin unless a "duly filed" application package has been
submitted and all required elements are accepted by the Planning Division. For the Planning Division to
consider a project application duly filed, the application must be accompanied by all forms, documents and
other relevant requirements specified in the Minimum Intake Submittal Requirements Checklist. If Planning
staff finds that the checklist submittal requirements have been provided, the application must be considered
duly filed and accepted for intake. The application is assigned a case number, the customer informed that
application has been accepted for processing as of the date of intake, and the application routed to Planning
Division management for assignment. Under the Permit Streamlining Act, within thirty days of submittal of
a duly filed development permit application, you will receive a letter stating whether the Land Use Review
Application is complete or Incomplete. The case planner must deem an application "complete" pursuant to
Government Code § 65943 if the applicant provides all the required information in the Completeness
Determination Requirement Checklist. If it is determined "incomplete," the case planner will transmit a letter
to the applicant and will state what is needed to make this application complete. When the application is
determined "complete," the processing period will start upon the date of the completion letter.
The California Environmental Quality Act (CEQA) works together with the Permit Streamlining Act by
commencing its environmental review after project application is complete. Development project applications
that are not exempt from CEQA and are subject to environmental review are also subject to environmental
review processing time limits pursuant to CEQA Guidelines. The State guidelines establish time limits for the
three main components of environmental review: 1) the Initial Study; 2) Negative Declaration completion;
and 3) Environmental Impact Report completion. These processes and time limits are separate from the time
limit and processes of Planning Department review of development project permit applications although
the projects go through both processes unless they are categorically exempt. After CEQA review, the Permit
Streamlining Act controls again through project decision.
If you have any questions regarding application submittal requirements {I.e., clarlflcatlon regarding a
specific requirement or whether all requirements are necessary for your particular application) please call
please call (442) 339-2600 or email planning@carlsbadca.gov.
Page 1 of 2
P-1 (A) Form Rev 6/2023
A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short
that review of the project under CEQA would be difficult. To enable the city to comply with both the Permit
Streamlining Act statute and CEQA, the case planner must deem an application for a project not received for filing
under the statute or ordinance until such time as progress toward completing the environmental documentation
required by CEOA is sufficient to enable the city to finish the CEOA process within the short permit time limit.
BY SIGNING BLEOW, I/We understand that this form must be completed as part of the application and
documents that I/we have been informed of process requirements and timelines including: 1) time limits on
determining application completeness; 2) notifying applicants in writing if their applications are complete; 3)
time limits for environmental review; and, 4) disclosure to applicants about these time limits and certain
aspects of the application review process.
Each city review letter wlll Include a project processing schedule and estimated decision date that
incorporates the time limits for processing projects. I/We also understand that if there are any concerns
about the progression on the development application (e.g., the notice, review, or decision schedule) the
Applicant, Property Owner, or Agent should immediately contact the case planner to discuss project
processing, upcoming milestones, and/or timeline concerns. Time periods may be extended by mutual
consent, within limits.
NAME OF PROJECT: Alan's Golf Balls -Ancillary Retail
BRIEF SUMMARY OF PROJECT: MCUP to allow ancillary retail sales
LOCATION: 2382 Camino Vida Roble; Ste. G
CONTACT: □ Applicant □ Property Owner 0 Agent
Signature: // a¼hr,, ;!;,.,.~
Name: Adam Kooienga Date: 2/3/24
This form must be stapled/attached to the application and shall be effective until replaced or revoked in
writing.
NOTE: Not all discretionary projects are subject to the 30-day review period. And there might be circumstances
that dictate a different processing time/ine pursuant to state law.
Page 2 of 2
P-1(A) Form Rev 612023
,,r,--· _...,_ _____ _
( City of
Carlsbad
FINANCIALLY
RESPONSIBLE PARTY
STATEMENT P-1(J)
Planning Division
1635 Faraday Avenue
(442-339-2600
www.carlsbadca.gov
FEB 2 1 2024
§ APPLICATION INFORMATION
This submittal form is to be completed as part of your application with the City of Carlsbad. Your project
cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in
assignment and there is a new Financially Responsible Party.
PART A. Assignment
It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review
Applications, including all time spent by city staff to review, refer, and coordinate land development
applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of
processing the application package. Actual costs may vary substantially due to project location,
environmental issues, planning constraints, appeals or code/ordinance compliance.
The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake
fee amount for each application permit type. The amount due and to be received by the city must be
based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate
or costs paid to process prior projects. The person named as Financially Responsible Party in this
document is person or persons responsible for depositing, transferring, or has previously sent funds to
process the following application.
PROJECT NAME: Alan's Golf Balls -Ancillary Retail
BRIEF PROJECT SUMMARY: MCUP to allow ancillary retail sales
PROJECT LOCATION: 2382 Camino Vida Roble; Ste, G, Carlsbad, CA 92011
Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation
or partnership named below as the "Financially Responsible Party." With reference to said application
and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows:
1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city
in an account under the name of the project and/or Financially Responsible Party, and the funds
remaining in said account at the completion of work or withdrawal of the application shall be
refunded to the Financially Responsible Party at the address below. In the case that the
Financially Responsible Party transfers ownership of the subject property and wishes to transfer
responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility
Form must be completed to authorize transfer of ownership of funds in said account (Section 3
of this document). The Financially Responsible Party may contact the assigned planner to
request a new form.
Page 1 of 3
P-1(J) Form Rev 7'2023
J
2. All costs incurred by the city in processing said application, including overhead, whether within
or over the is the Financially Responsible Party's personal obligation and shall not be affected by
sale or transfer of the property subject to the application, changes in Financially Responsible
Party's business organization, or any other reason. "Costs incurred by the city" as identified in
this paragraph may include costs for the services of an outside contractor for third party review,
including environmental evaluation. Where the City Planner determines it is necessary to
engage the services of an outside contractor to assist with application processing, costs for such
services are to be paid by the Financially Responsible Party in the same manner identified
above.
3. If the Financially Responsible Party withdraws an application, the City Planner will cease
processing of the application within one day and will proceed with the case closure process. The
Financially Responsible Party is responsible for all case closure costs. Case closure costs will be
minimized to the maximum extent practicable.
The Financially Responsible Party is a (check one):
0 Applicant □ Property Owner □ Agent □ Other: _____________ _
Financially Responsible Party's Legal Name: Alan Osiakowski --------------
Address: 2382 Camino Vida Roble; Ste. G
City: Carlsbad State: _C_A __ Zip Code: _9_2_0_1_1 ___ _
Phone: (760) 429-3896 Cell Phone: ___________ _
Email: goodshots@alansgolfballs.com
By signing below, I/We have read this form and agree to all terms and limitations provided for
application intake and processing. I understand and agree that as the Financially Responsible Party, I/We
are responsible for payment of all fees associated with this project including all hourly or other fees
which might accrue during the review and/or post-issuance whether the permit issued or whether the
application is canceled or denied before the permit is issued.
Financially Responsible Party Signature: A tax,, 0~~· Date: .::2:..:/3"-/2::_4;_ __
Print Name: Alan Osiakowski
The information about the Financially Responsible Party provided above must be 100% accurate. lf there
is a refund, the check will be mailed to the name and address stated below. If the information stated on
this form is inconsistent with our system, the Financially Responsible Party must clarify and correct
before the application can be deemed complete. Also, a Letter of Authorization {LOA) is required if the
Financially Responsible Party is a "company", stating that the Agent has the authority to complete and
sign this form.
Page 2 of 3
P-1(J) Form Rev 712023
)
PART B. Change in Assignment (New Responsible Party)
This portion of the submittal form is to be completed when the Financially Responsible Person changes
during the course of processing the application with the City of Carlsbad.
Transferring from (to be completed bv current Ananclally Responsible Party):
I,------------------~ hereby assign and transfer all rights and financial
responsibilities for the following application:
PROJECT NAME: ________________________ _
BRIEF PROJECT SUMMARY: ____________________ _
PROJECT LOCATION: ______________________ _
PLANNING CASE NOS.: ______________________ _
Current Financially Responsible Party Signature: ________________ _
Print Name: ___________________ Date: _______ _
Acceptance of Transfer (to be completed by the new Financial Responsible Party):
I,------------~ hereby accept financial responsibility for the above-mentioned
project from ___________ {FRP, Part A.), effective date _____ _
New Financially Responsible Party's legal Name: ________________ _
Address: ______________________________ _
City: _______________ State: ____ Zip Code: _______ _
Phone: ______________ Cell Phone: ____________ _
Email: _______________________________ _
New Financially Responsible Party Signature: _________________ _
To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in
writing.
Page 3 of 3
P-1 (J) Form Rev 712023
STEP1
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 LIMITED TO routine maintenance activity and/or repair/improvements to an existing building l8J □ 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 6, mark the box stating "my project
is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
No 1'n-(provel1-f e11ts proposed.
If you answered "no· to the above question, the project is a 'development project', go to Step 2.
STEP2
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 auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or-roads that are desigAed and constructed in □ □ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □
If you answered "yes" to one or more of the above questions, provide discussion~ustification below, then go to Step 6, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV04/23
STEP3
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 public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious
surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ □ impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or private land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of
impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ □ facility that sells prepared foods and drinks for consumption, including stationary lunch counters and
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ □
development project includes development on any natural slooe that is twentv-five oercent 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 a □ □ land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the
transoortation 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 (i.e. not commingled with flows from adjacent lands).•
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013 5014, 5541, 7532-7534 or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) of 100 or more vehicles per day.
1 O. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC
21 .203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECr. Go to step 5, complete the
trash capture question.
. . .. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies. areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board r,Nater 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 prese,ves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management
Plan; and any other equivalent environmentally sensitive areas which have been identified by the City_
E-34 Page 3 of 4 REV 04/23
1
City of Carlsbad Climate Action .. in 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.
•
STEPl Land Use Consistency
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
D
If "Ye1', 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
OimateAction 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
• MultHamily 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 MTCOie/year screening threshold.
If "Ye1', proceed to Step 2 of the checklist.
D D
If "No", the project's GHG impact is potentialt-,, 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~ 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~ may be required, depending on the results of the project-specific GHG impact anat-,,sis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist.
l
P-30 Page 2 of 8 Revised 06122
\
City of Carlsbad Climate Action .m Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/APN:
Applicant Name/Co.:
Applicant Address:
Application Information
Alan's Golf Balls -Ancillary Retail
2382 Camino Vida Roble; Ste. G / 213-050-23
Alan Osiakowski; Alan's Golf Balls
2382 Camino Vida Roble; Ste. G, Carlsbad, CA 92011
Contact Phone: (760) 429 -3896 contact Email: goodshots@alansgolfballs.com
Contact information of person completing this checklist (if different than above):
Name: Adam Kooienga Contact Phone: (616) 301 -4618
Company
name/address: 2352 Seasons Rd Contact Email: akooienga@hofmanplanning.com
Oceanside, CA 92056
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit valuation (BPV): $ --(no building permit; no improvements)
C.Onstructlon Type I Complete Sectlon(s) I Notes:
□ Residential
D New construction 2A, 3A and 4A
D Alterations:
D BPV < $60,000 N/A All residential alterations
D BPV ~ $60,000 lA and 4A 1-2 family dwellings and townhouses with attached
D Electrical service panel upgrade 4A garages only
Multi-family dwellings only where interior finishes are
BPV ~ $200,000
lA and 4A removed and significant site work and upgrades to D structural and mechanical, electrical, and/or plumbing
systems are proposed
BPV ~ $1,000,000 2B Multi-family dwellings only where :.?$1,000,000 BPV AND
affecting ~75% existing floor area
~ Nonresidential
D New construction I ~B, 2B, 3B, 4B and
P-30 Page 3 of 8 Revised 06/22
I
°Ci; of Carlsbad Climate ActioG n Consistency Checklist
D Alterations:
D BPV ~ $200,000 or additions~ 1B,5 1,000 square feet
D BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area
D ~ 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000
CAP Ordinance Compliance
Cheddlst Item
Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as
necessary.
L Energy Efficiency
Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section.
A. 0 Residential addition or alteration i!: $60,000 building permit valuation.
See ()d. CS-437.
Year Built Single-family Requirements
D Before 1978 Select one:
D Duct sealing D Attic insulation D Cool roof
□ 1978 and later Select one:
□ Lighting package D Water heating package
D Between 1978 and 1990
D 1991 and later
B. QI Nonresidential• new construction or alterations i!: $200,000 building permit valuation,
or additions i!: 1,000 square feet
See CALGreen Appendix AS, as amended in CS-437.
A5.203.l.1.1
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
A5.203.1.2.l
Choose one as applicable: D .95 Energy budget D .90 Energy budget
AS.211.1.u
D On-site renewable energy
A5.211.3**
D Green power (if offered by local utility provider, 50% minimum renewable sources)
A5.212.1
□ Elevators and escalators
□ N/A _________ _
D Exception: Home energy soore ~ 7
(attach certification)
Multt-family Requirements
□ Attic insulation
Select one:
D Attic insulation □ Duct Sealing □Cool roof
Select one:
□ Lighting package D Water heating package
~ N/A no building permit/no alteratior
D N/A
0 N/A
□ N/A
D N/A
D N/A
0 N/A
P-30 Page 4 of 8 Revised 06/22
City of Carlsbad Climate Action an Consistency Checklist
AS.213.1
D Steel framing D N/A
* lndudes hotels/motels and high-rise residential buildings
u For alterations~ $1,CXX>,CXX> 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.
2. Photovoltaic Systems
A. D Residential new construction. Refer to Carlsbad Ordinance No. CS437 for requirements, which amends Section 150.l(c) of the CEC for single-family
residential; and Section 170.2{d) of the CECfor multi-family requirements. Note: if project includes installation of an electric heat pump water heater
pursuant to Carlsbad ordinance CS-447, increase system size by .3kWdc if PV offset option is selected.
Floor Plan ID {use additional CfA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kW de= (CFAx.572) / 1,000 + (1.15 x #d.u.)
*Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
D
D
□
□
kWdc
B. D Nonresidential and hoteVmotel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ~1,000,000 BPV and
affecting ~75% existing floor area, or addition that increases roof area by ~.000 square feet Please refer to Carlsbad Ordinance CS437 when completing
this section.•
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
D If< 10,000s.f. Enter: S kWdc
Min. System Size: ___ kWdc
0 If~ 10,000s.f. calculate: 15 kW de 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.
• New CEC standards also require battery storage systems meeting the requirements if Reference Joint AppendixJA12 of the CEC.
P-30 Page 5 of 8 Revised 06/22
°City
1
of Carlsbad Climate Actiot , n Consistency Checklist
3. Water Heating
A. 0 Residential new construction
Please refer to Carlsbad Ordinance CS-437 when completing this section.
D For systems serving Individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy,
choose one:
D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low-
rise residential only)
D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required.
D Heat pump water heater meeting NEEA Advanced Water Heat ing Specification Tier 3 or higher.
D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors.
D Gas or propane system with a solar water heating system and recirculation system
D Exception:
D For systems serving mult iple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy,
install a central water-heating system with all of the following:
D Recirculation system
D Solar water heating system that is either:
D .20 solar savings fraction
D .15 solar savings fraction, plus drain water heat recovery
D Exception:
B. D Nonresid ential new construction
Please refer to Carlsbad Ordinance CS-437 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal D Photovoltaics
D Water heating system is (choose one):
D Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
□ Exception:
P-30 Page 6 of 8
D Recovered energy
Revised 06/22
City of Carlsbad Climate Action n Consistency Checklist
4, Electric Vehicle Charging
A. 0 Residential -New construction and major alterations*
Please refer to Carlsbad Ordinance CS-437 when completing this section.
□ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required)
D ADU (no EV space required when no additional parking facilities are added)
□ One and two-family residential dwelling or townhouse with attached garage:
D One EVSE ready parking space required D Exception :
□ Multi-family residential· D Exception •
Total Parking Spaces EVSE Soaces
Proposed for New Capable Ready
Construction (10% of proposed) (25% of proposed)
Total Proposed or Altered Capable --
Spaces {Major (10% of proposed)
Alterations)**
Calculations: Total EVSE spaces= .10 xTotal 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.")
Installed Total
(5% of Proposed)
--Total
•Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or
indude an electrical service panel upgrade; m 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 .
.. When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building
permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is induded to coordinate CEC
compliance early in the planning process
B O Nonresidential new constl\lction (includes hotels/~lsl D Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
calculation· Refer to the table below·
Total Number of Parking Spaces provided Number of reauired EV Spaces {Capable) Number of reauired EVSE Installed Spaces
□ 0-9 1 1
□ 10-25 4 1
□ 26-50 8 2
□ 51-75 13 3
□ 76-100 17 5
□ 101-150 25 6
□ 151-200 35 9
□ 201 and over 20 percent of total 25 percent of EV Capable
P-30 Page 7 of 8 Revised 06/22
Cl TA Preliminary Report form
(Rev. 11/06)
Ordt:1 Number: DIV~6958017
Page Number: 2
upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or any other legally protected class, is illegal and unenforceable by law.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it 1s desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
First American Title
Paoe 2 of 13
Dated as of November 22, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
On:fe, Number: DIV-6958017
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:
YCC Palomar Business Center, LLC, a Delaware Limited Liability Partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE SIMPLE AS TO PARCEL 1, AN EASEMENT AS TO PARCEL 2
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 specia( taxes and assessments for the fiscal year 2023-2024.
First Installment:
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
2. Intentionally Deleted
$Sl,S53.80, OPEN
$0.00
$Sl,SS3.80, OPEN
$0.00
09018
213-050-23·00
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
First Ameri'can Title
Page 3 of 13
Or□c, 'Number: DIV·69S8017
Page Number: 4
4. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in
the document recorded OCTOBER 01, 1974 as INSTRUMENT NO. 74-263897 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage
or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions vio(ate Title 42, Section 3604(c), of
the United States Codes. Lawful restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons shall not be construed as restrictions based on familial
status.
Document(s) declaring modifications thereof recorded DECEMBER 31, 1974 as INSTRUMENT NO. 74-
337587 of Official Records.
Document(s) declaring modifications thereof recorded JUNE 01, 1977 as INSTRUMENT NO. 77-
212678 of Official Records.
Document(s) declaring modifications thereof recorded JUNE 27, 1977 as INSTRUMENT NO. 77-
252979 of Official Records.
5. Abutter's rights of ingress and egress to or from EL CAMINO REAL EXCEPT ACCESS NO. 2 AND 3 IN
LOT 4 have been dedicated or relinquished on the map of CARLSBAD TRACT NO. 73-49 (MAP NO.
8054) of TRACT Maps recorded DECEMBER 31, 1974.
6. An easement for PUBLIC UTILITIES and incidental purposes, recorded SEPTEMBER 11, 1975 as
INSTRUMENT NO. 75-245674 of Official Records.
In Favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY.
Affects: AS DESCR!BED THEREIN
7. An easement for PUBLIC UTILITIES and incidental purposes, recorded MARCH 07, 1978 as
INSTRUMENT NO. 78-089720 of Official Records.
In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY.
Affects: AS DESCR!BED THEREIN
The location of the easement cannot be determined from record information.
8. The terms, provisions and easement(s) contained in the document entitled "AGREEMENT
REGARDING GRANT OF EASEMENT FOR INGRESS AND EGRESS" recorded MARCH 31, 1978
as INSTRUMENT NO. 78-125530 of Official Records.
9. An easement for PIPELINE OR PIPELINES and incidental purposes, recorded FEBRUARY 14, 1979 as
INSTRUMENT NO. 79-067457 of Official Records.
In Favor of: CARLSBAD MUNICIPAL WATER DISTRICT.
Affects: AS DESCRIBED THEREIN
First American Title
Page 4 of 13
Ordt:i 'Number: DIV-6958017
Page Number: 5
10. An easement for SEWER PURPOSES and incidental purposes, recorded APRIL 04, 1979 as
INSTRUMENT NO. 79-138603 of Official Records.
In Favor of: VECTOR ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP.
Affects: AS DESCRIBED THEREIN
11. An easement for ELECTRICAL FACILITIES and incidental purposes, recorded JULY 24, 1979 as
INSTRUMENT NO. 79-306439 of Official Records.
In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY.
Affects: AS DESCRIBED THEREIN
12. An easement for PUBLIC UTILmES and incidental purposes, recorded NOVEMBER 13, 1979 as
INSTRUMENT NO. 79-477284 of Official Records.
In Favor of: PACIFIC TELEPHONE AND TELEGRAPH COMPANY.
Affects: AS DESCRIBED THEREIN
The location of the easement cannot be determined from record information.
13. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL
PROPERTY" recorded MAY 01, 2009 as INSTRUMENT NO. 2009-0230629 of Official Records.
14. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL
PROPERTY" recorded MAY 15, 2012 as INSTRUMENT NO. 2012-0285541 of Official Records.
15. A deed of trust to secure an original indebtedness of $3,600,000.00 recorded FEBRUARY 09, 2016 as
INSTRUMENT NO. 2016-56575 OF OFFICIAL RECORDS.
Dated: FEBRUARY 09, 2016
Trustor: YCC PALOMAR BUSINESS CENTER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY
Beneficiary: GENWORTH LIFE INSURANCE COMPANY, A DELAWARE
CORPORATION
16. A financing statement recorded FEBRUARY 09, 2016 as INSTRUMENT NO. 2016-56576 OF OFFICIAL
RECORDS.
Debtor:
Secured party:
YCC PALOMAR BUSINESS CENTER, LLC
GENWORTH LIFE INSURANCE COMPANY
A continuation statement was recorded AUGUST 28, 2020 as INSTRUMENT NO. 2020-494427 OF
OFFICIAL RECORDS.
17. Any easements and/or servitudes affecting easement parcel(s) 2 herein described.
18. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
First American Title
Page 5 of 13
Orde, Number: DIV-6958017
Page Number: 6
19. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company
will require the Deed of Trust to be signed before a First American approved notary.
20. Rights of parties in possession.
Prior to the issuance of a 2006 ALTA Extended Owner's Policy of Title without Western Regional
Exceptions, The Company will require:
21. Furnish Plat of Survey of the subject property of recent date by a Registered Land Surveyor in
accordance with the "Minimum Standard Detail Requirements for ALTNNSPS Land Title Surveys"
which became effective February 23, 2016. Said Plat of survey shall include the required certification
and, at a minimum, also have shown thereon Items 1, 8, 11, 16, 17, and 19 from Table A thereof. If
zoning assurances are requested, Items 7(a), 7(b), 7(c) and 9 from Table A and information
regarding the usage of the property must be included.
NOTE: Exception may be made to any adverse matters disclosed by the ALTNNSPS Land Title
Survey.
22. With respect to YCC Palomar Business Center, LLC, a Delaware Limited Liability Partnership:
a. A copy of its operating agreement or similar document and any amendments thereto;
b. A official copy of its articles of organization or similar incorporation document and any
corrections, amendments or restatements thereto;
c. Evidence that the limited liability company is properly formed and is in good standing in the state
of its domicile;
d. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require.
First American Title
Page 6 of 13
INFORMATIONAL NOTES
Oro,.,. Number: OIV-6958017
Page Number: 7
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. 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 6353 El Camino
Real, Carlsbad, California.
2. 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:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
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.
Ai-st American Title
Page 7 of 13
LEGAL DESCRIPTION
Orth::, 'Number: DIV-6958017
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 1:
PARCEL B OF PARCEL MAP NO. 6901, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 10, 1978 AS FILE NO. 78-057337 OF OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR DRIVEWAY AND PEDESTRIAN AND VEHICULAR ACCESS OVER,
ALONG AND ACROSS THAT PORTION OF PARCEL A OF PARCEL MAP NO. 6901, IN THE CITY OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL A, SAID CORNER ALSO BEING THE
NORTHEAST CORNER OF PARCEL B OF SAID MAP AND LYING ON THE WESTERLY RIGHT OF WAY OF EL
CAMINO REAL; THENCE NORTH 89°24'46" WEST ALONG THE COMMON LOT LINE OF PARCEL A AND
PARCEL B OF SAID MAP, A DISTANCE OF 12.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PROCEEDING ALONG SAID COMMON LOT LINE NORTH 89°24'46" WEST 33.22 FEET TO A POINT OF
INTERSECTION ON THE ARC OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
150 FEET A RADIAL BEARS NORTH B4°45'08" WEST TO SAID POINT; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°45'37" A DISTANCE OF 64.82 FEET TO A
POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE RIGHT HAVING A RADIUS OF 37.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID 37.00 FOOT RADIUS CURVE THROUGH A CENTRAL
ANGLE OF 68°08'26" A DISTANCE OF 44.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF EL CAMINO REAL; THENCE PROCEEDING FROM SAID POINT OF INTERSECTION ALONG THE RIGHT
OF WAY LINE ON A RADIAL BEARING SOUTH 08°08'55" WEST, A DISTANCE OF 25.00 FEET TO A POINT
OF INTERSECTION WITH A NON TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
12.00 FEET A RADIAL BEARS NORTH 08°08'55" EAST TO SAID POINT; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID 12.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A
DISTANCE OF 18.85 FEET TO A POINT OF TANGENCY; THENCE ALONG SAID TANGENT SOUTH
08°08'55" WEST A DISTANCE OF 45.29 FEET TO THE TRUE POINT OF BEGINNING, BY DOCUMENT
RECORDED MARCH 31, 1978 AS INSTRUMENT NO. 78-125530 OF OFFICIAL RECORDS.
APN: 213-050-23-00
First American Title
Page 8 of 13
NOTICE
Or'1. .. ,, Number: DIV-6958017
Page Number: 10
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-
escrow capacity, wait a specified number of days after depositing funds, before recording any documents in
connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer
to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be
disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more,
please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Page 10 of 13
'
Oru,_, .. Number: DIV-6958017
Page Number: 11
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07·01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses
that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} that restricts, regulates,
prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improveme1t on the Land;
iii. the subdivision of land; or
iv. environmental remed1at1on or protection.
b. any governmental forfeiture, police, or regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded In the Public Records at the Date of Polley, but Known to You and not disclosed in writing to Us by
You pnor to the date You became an Insured under this policy;
c. resulbng in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered
Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide
purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and
b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date
of Policy in accordance with applicable building rndes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14
or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title
to You is a.
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the l7tle as shown in Schedule A is not a transfer made as a contemporaneous
exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface
substance.
9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the land or of any improvement to the land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks Is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1% of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown on Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown on Schedule A or $2,500
(whichever is less)
First American Title
Page 11 of 13
Our Maximum Dollar Umit of Liability
$10,000
$25,000
$25,000
$5,000
Drat, 'Number: DlV-6958017
Page Number: 12
ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are 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) that restricts, regulates,
prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land,
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remedIatIon or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered
Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consIderatIon sufficient to qualify the Insured named in Schedule
A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal ba11kruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting
the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrume11t of transfer vesting the Title as shown in Schedule A Is not a transfer made as a contemporaneous
exchange for new va!ue; or
ii. for any other reason not stated in Covered Risk 9.b.
s. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy In the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable
exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western
Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include
the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory
Covenant in a document referenced in Schedule Bas if each Discriminatory Covenant is redacted, repudiated, removed, and 11ot republished
or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms
and conditions of any lease or easement identified In Schedule A, and the following matters:
1. (a) Taxes or assessments that are 11ot shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in possession of the Land.
3. Easements, hens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lie11 for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to mi11erals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas,
First American Title
Page 12 of 13
Ore.~, Number: DIV-6958017
Page Number: 13
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights
arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and
easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear In the Public
Records or are shown in Schedule B.
2006 ALTA OWNER'S POLICY (06·17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
proh1b1ting, or relating to
(i) the occupancy, use, or enioyment of the Land;
{ii) the character, dimensions, or lou3tion of any improvement erected on the Land;
(iii) tile 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 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 Oaimant;
{d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
9 and 10); or
{e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
{a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this pohcy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
NOTE: The 2006 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable
exceptions such as taxes, easements, Cc.&R's, etc., the Exceptions from Coverage In a Standard Coverage policy will also include the Western
Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as exIstIng liens by tile records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in posses.sion of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas,
uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights
arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and
easements associated therewith or appurtenant thereto, whether or not the interests or nghts excepted in (a) or (b) appear In the Public
Records or are shown in Schedule B.
First American Title
Page 13 of 13