Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AMEND 2021-0004; DISTRIBUTE LOTS 13-15 SHELL BUILDING; Site Development Plan (SDP)
SCHEDULE D-1 Officers Name·c, .,-,,: '' ,·' '.:' ::·, ·: • '.Office ' . Kenneth A. Caplan Senior Managing Director and President A.J. Agarwal Senior Managing Director and Vice President Frank Cohen Senior Managing Director and Vice President Giovanni Cutaia Senior Managing Director and Vice President Robert Harper Senior Managing Director and Vice President Tyler Henritze Senior Managing Director and Vice President Kathleen McCarthy Senior Managing Director and Vice President Nadeem Meghji Senior Managing Director and Vice President William J. Stein Senior Managing Director and Vice President Wesley LePatner Senior Managing Director and Vice President Jacob Werner Senior Managing Director and Vice President Michael Lascher Senior Managing Director and Vice President David Levine Senior Managing Director and Vice President Doug Armer Managing Director and Vice President Anthony Beovich Managing Director and Vice President Byron Blount Managing Director and Vice President Andrea Drasites Managing Director and Vice President Patrick Kassen Managing Director and Vice President Brian Kim Managing Director and Vice President Qahir Madhany Managing Director and Vice President Anthony F. Marone, Jr. Managing Director and Vice President Melissa Pianka Managing Director and Vice President Paul Quinlan Managing Director and Vice President Matthew Skurbe Managing Director and Vice President Karen Sprogis Managing Director and Vice President Michael Wiebolt Managing Director and Vice President Leon Volchyok Managing Director and Vice President Ryan Ingle Managing Director and Vice President Joshua Carson Managing Director and Vice President Eric Wu Managing Director and Vice President David Zackowitz Managing Director and Vice President John Prete Managing Director and Vice President Asim Hamid Managing Director and Vice President Brian Lin Principal and Vice President Anthonv Cerrone Princioal and Vice President Jeff Nirenberg Vice President SCHEDULE D-2 Limited Officers Name :·, . , '.Pfflce --.• Benjamin Harris Vice President Nicholas Pell Vice President Sonya Huffman Vice President Edward Matey Jr. Vice President and Secretary Robert Munson Vice President Brandon Page Vice President Richard {Jack) Hennessey Vice President James Maneri Vice President Glenn Wylie Vice President Joseph Finnigan Vice President Ryan Keathley Vice President Britton Winterer Vice President Mark Wible Vice President-Tax Nicole Grimaldi Chief Accounting Officer Michael Beringer Vice President-Accounting Bailing Li Vice President -Accounting Marc Lenihan Senior Director-Treasury Marikay Klank Vice President -Tax Joseph Valane Assistant Secretary Annie Wang Assistant Secretary Leslie Robelly Assistant Secretary Brittany Cove11 Assistant Secretary Lakecia Stanford Assistant Secretary Danielle Sands Assistant Secretary Eric Leaner Assistant Secretary \ DocuSign Envelope ID: D1 DD3C9D-9COE-4272-98r 781016F0723 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant"s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 N/A Corp/Part_N_/A __________ _ Title NIA Title NIA ------------ Address N/A -----------Address,_N_i_A _________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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 ___________ _ Title ___________ _ Address _________ _ BRE 3261 Lionshead Owner LLC, Corp/Part a Delaware limited liability comoanv Title _____________ _ Address 602 W. Office Center Drive, Suite 200 Fort Washington, PA 19034 Page 1 of2 Revised 07110 DocuSign Envelope ID: D1DD3C9D-9C0E-4272-98'" 781D16F0723 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprpfrt 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 NIA Non Profit!Trust N/A ·--------- Title N/A Title N/A ·------------ Address N/A -----------Address N/A ------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees andfor Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. l certify that all the above information is true and correct to the best of my knowledge. u::,-· .. ·a:: fi".¥ Signature o~~~Ydffie Alexandria Smille O,g,tall',' srgned by Ale,andrl!i Sm111e Da\e 2021.02 09 10·44 07 -08'00' Signature of applicanVdate BRE 3261 Lionshead Owner LLC, a Delaware limited liability company By: Joseph W. Finnigan, Vice President Alexandria Smille Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07110 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: DGB6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ---------------------------- APPLICANT NAME: Alexandria Smille 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/Explanation: The proposed facility is being designed for a package delivery service. Packages arriving at this facility are prepackaged in cardboard boxes and labeled for shipping within local neighborhoods and areas surrounding the facility. The Scope of Work will include a renovation of an industrial warehouse (S-1 Occupancy) for a new tenant at 3266 Lionshead Avenue. The renovation includes alteration of building envelope (portions of exterior wall), interior office area (8 and A-3 Occupancy), and all associated MEP, Site and Landscape work. No Change of Use. The packages are brought into the facility via tractor trailer trucks, who use designated loading dock positions, once unloaded into the facility, the packages are sorted into more specific locations, put into bins and onto small mobile carts. These carts are rolled out to the loading area from which the packages are loaded into vans for final delivery. The carts are approximately 42" long, 36" wide and 79" tall. There is no high bay racking/high piled storage in the facility. No Hazardous materials will be handled or stored at the facility. The commodity classification is class I-IV, cartoned, unexpanded group A plastics. P-1{B) Page 1 of 1 Revised 07/10 OocuSign Envelope ID: D1DD3C9D-9COE-4272-98f -.,81D16F0723 ----------------------- ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962. 5 of the State Government Code. D The development project and any alternatives proposed in this application !.[!_ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Alexandria Smille Address 8370 Wilshire Blvd, Suite 330 Beverly Hills CA 90211 Phone Number: (818) 738-0973 PROPERTY OWNER BRE 3261 Lionshead Owner LLC , a Name: Delaware limited liability company Address: 602. W. Office Center Drive, Suite 200 Fort Washington, PA 19034 Phone Number: (949) 358 -6004 AddressofSite:3266 Lionshead Avenue Carlsbad CA 92010 Local Agency (City and County) Carlsbad -San Diego County Assessor's book, page, and parcel number:_2_2_1_8_8_1_1_6_0_0 _____________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List:. _____________________________ _ Al exand rl'a Sm 1' lie D,g,tally signed by Alexandria Smille Date 2021.02.09 10:01 42 -08'00" Applicant Signature/Date BRE 3261 Lionshead Owner LLC, a €119'PEnimited liability company Y,ltf', IJJ, fi~ 2/13/2021 Property wner ignature/Date Joseph W. Finnigan, Vice President The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1012 Revised 02113 • ENVIRONMENTAL INFORMATION FORM Date Filed: (To be Completed by Applicant) ____________ {To be completed by City) Application Number(s): __________________________ _ General Information 1. Name of project: _D_G_B_6 _____________________ _ 2. Name of developer or project sponsor: __________________ _ Address: ____________________________ _ City, State, Zip Code: ________________________ _ Phone Number: __________________________ _ 3. Name of person to be contacted concerning this project: _A_l_e_x_a_n_d_r_ia_S_m_i_ll_e ____ _ Address: 8370 Wilshire Blvd, Suite 330 City, state, Zip code Beverly Hills CA 90211 Phone Number (818) 738-0973 4. Address of Project: 3266 Lionshead Avenue 5. 6. 7. 8. 9. Assessor's Parcel Number 2218811600 -------------------- 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: _P_I _______________ _ Existing zoning district: _P_-_M ______________________ _ Exist;ng land use(s): Industrial Warehouse Industrial Warehouse Proposed use of site (Project for which this form is filed): ____________ _ Project Description 10. 11. 12: 13. Site size: ____________________________ _ Proposed Building square footage: _3_6_9_,0_0_0_S_F _____________ _ Number of floors of construction: Single Story --~------------------ Amount of off-street parking provided: N/A 14. Associated projects: ________________________ _ P-1(O) Page2of4 Revised 07/10 15. 16. 17. If residential, include the number of units and schedule of unit sizes: _N~/ A~-------- If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _______________________ _ N/A Package Delivery Service If industrial, indicate type, estimated employment per shift, and loading facilities: ______ _ Facility will have (2) shifts working days and evenings. There may be a 3rd shift added at peak season. Packages arriving at this facility are brought via Tractor Trailer Trucks, who use designated loading dock positions. Once unloaded, the packages are sorted and put into small mobile carts. The carts are rolled out to loading area, from which are loaded into vans for final delivery. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(0) Page 3 of 4 Revised 07/10 3266 Uonshead Ave, Vista CA 02/10/2021 ElA SUPPLEMENTAL INFORMATION P-1(0) • Environmental Setting Environmental Setting Attachment of sheets that include a response to the following questions 32 & 33: 32. *Description of the project site as it exists before the project: • Project Site: The site consists of a warehouse, a front parking lot, and a rear parking lot. There are two driveway entrances to the site from Lion head Avenue, both to the south (PhotoENOOl). The front parking lot consists of standard and handicap parking stalls. The rear parking lot consists of standard parking stalls, semi-truck dock loading stalls, and ramps into the warehouse with roll-up doors. Based on as-built drawings dated in 2017 obtained by AECOM, the site is newly constructed, and no major facilities were identified in poor condition or in need of replacement. There is no high bay racking/high piled storage in the facility. No Hazardous materials will be handled or stored at the facility. *Additional information on: • Topography: Stable geology, no potential wetlands. There is an area of existing irrigation right around & beyond the property line that is planned onto being maintained in place. Fairly flat topographically with sloping edges on the sides of the property line. Please note: Any damage caused by the contractor shall be replaced in kind. • Soil Condition: Stable and in apparent good condition. • Plants: There are some local species of existing trees and shrubs at the designated landscaping areas. Please note: All existing shrubs and groundcover plant species shall be protected in place. In case any existing plants are damaged, they will be replaced in kind. If existing plant is 30% smaller than comparative plant at maturity or if the existing plant contains 30% less foliage than comparative plant at maturity, then they shall also be replaced in kind. • Animals: No known habitat of any animal species or birds particularly of those that are endangered. Birds or animals are expected not to be adversely affected by this existing structure. • Cultural: Sits in between a community of diverse demographics and the future usage will encourage such assimilation. • Historical: No historic connection found that could designate or determine this area as a landmark site. • Scenic aspects: All scenic value will be preserved based on the existing condition as no new structure is being proposed. A few new planter areas using local species of low-maintenance plants are being introduced that will most likely enhance the visual aesthetics of the site and its surrounding. *Description of any existing structures on the site, and the use of the structures; • No other structure exists other than the warehouse itself. That existing warehouse has two levels at the South West corner office space and a couple of other mezzanine platforms. P-1(0)-(02/10/2021) Page 1 of 12 3266 Uonshead Ave, Vista CA 02/10/2021 EIA SUPPLEMENTAL INFORMATION P-l(D) -Environmental Setting 33. Description of the surrounding properties, including information on • Plants: local species of plants mostly native shrubs and trees. • Animals: No known habitat of any particular wildlife within proximity of the site itself. • Cultural: Site is located within a community of diverse demographics • Historical: The site is not within known range of proximity of any other existing structure or zone having such historical value. • Scenic aspects: Undulated topography with green landscape across the neighboring sites. The site shares the neighborhood with other similar property types of planned/light industrial & mixed-use building types mostly. Residential zone is well-buffered from such usage by bifurcated major roadways. P-1(0) -(02/10/2021) Page 10 of 12 ( City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. tl!e.ta11iria JM'tie Applicant Signature: _ •. ,,_,,,_,.,_"•'_'·_,,1,_,_"_"_'_'_'_'"_',r,_,, ______ M_a_r_1_1_, 2_0_2_1 ___ _ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07110 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (City of Carlsbad In July 2020, the City of Carlsbad adopted an amended 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). 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? Re'liSed 07120 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 t hreshold 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. STEP 1 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 □ If "Yer', 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 Oimate Action Plan. lfHNo", 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 fisted 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: 70dwelling units • Office: 35,CXXl square feet • Retail Store: 11,CXX> square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance 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 07/20 City of Carlsbad Climate Action Plan Consistency Checklist D BPV 2: $200,000 or additions 2: 1B, 5 1,000 square feet D BPV 2 $1,000,000 1B, 2B and 5 Building alterations of 2 75% existing gross floor area D 2 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV 2 $200,000 CAP Ordinance Compliance Checklist Item Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration 2: $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single.family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation □Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 □ 1991 and later B. D Nonresidential* new construction or alterations 2: $200,000 building permit valuation, or additions 2: 1,000 square feet. See CALGreen Appendix A5, Discussion AS.Z, as amended in CS-347, Section 3. A5.203.l.1.1 D Outdoor lightlng: .90 Allowed Outdoor Lighting Power A5.203.l.l.2 □ Restaurant service water heating (comply with California Energy Code Section 140.S, as amended) A5.203.l.2.l Choose one as applicable: □ .95 Energy budget □ .90 Energy budget A5.211.l.•• D On-site renewable energy AS.211.3 .. D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.l □ Elevators and escalators A5.213.1 □ Steel framin P-30 Page 4of 7 D N/A _________ _ D Exception: Home energy score 2: 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D 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 □ N/A □ N/A □ N/A Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist 0 N/A • lndudes 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. 2. Photovoltaic Systems A. D 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 indudes installation d an electric heat pump water heater pursuant to cartsbad onlinance 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 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 cartsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: 0 Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kW de Min. System Size: □ If~ 10,000s.f. calculate: 15 kW de x (GFNl0,000) 0 kWdc --- **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:0 * x .80= Min. system size: ----kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. 0 Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) 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) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery D Exception: B. 0 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 (attach documentation): D Solar-thermal □ Photovoltaics D Recovered energy □ 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: 4. Electric Vehicle Charging A. D Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· D Exception • Total Parking Spaces EVSESpaces Proposed Capable I Ready I I I 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.") Installed I I Total P-30 Page 6of 7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist •Major alterations are: (1) for one and two-family dwelfogs and townhouses with attached garages, alterations have a building permit valuation ~ $60,IXXl or include an electrical service panel upgrade; (2) for multifamily dwellings (three units OI' mOl'e 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) 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 required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. Transportation Demand Management {TDM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT /1,CXXl square feet is selected from the Crty of carlsbad Employee ADT Table. Use GFA Employee ADT/1,IXXl SJ. Total Employee ADT Warehousina 154.000 sf 4 61 6 Total 616 If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. •NOTE: Notwithstanding the 110 employee ADT 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 cartsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes IX No D LOE Staff Verification: □ _____ (staff initials) P-30 Page 7of7 Revised 07/20 -;--··~ .. ... ,_ ., ·-STEP1 "' --~,--- ·-," TO BE COMPLETED FOR ALL PROJEC,:S -", .. , \, To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? 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): The project includes only interior remodels within an existing building. Max lot coverage existing to remain. Landscaping , existing bmp and driveways to remain or be replaced in kind. Irrigation to be maintained in place. If you answered "no· to the above question, the project is a 'development project', go to Step 2 . . P't1 .. ~ ";,: .... , _,~·\.~.· .. ~ 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; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ 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 you answered "no" to the above questions, vour project is not exempt from PDP. go to Step 3. E-34 Page2of 4 REV 04/17 r-.,-... _ .-. ,·;,-•....-1""':'-i,~~,c:, ~--i· ,-~--;:"! • ··-•• .,.u-,-~ ... ~g~~~•; .,:-~ C • • : I I • • -: •• ; •,i \";f" ... • • • .,, ➔~-:-t--,,~!'~,:..'.-;.C/° ~£' • • ~\,,I • • ',,, L.. ,.I _ ~--~, .:.:. ,_•_ -~~.:-~~G~~tc:1¢{'1~~-~-~~-~!~~~J:~_.,h,~_;.~~~~i~~xi~~m~Y:.:'_-=.T P,·OJECTS ... ~-:-t: 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 orojects 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 develooment 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 □ □ develooment oroiect includes development on any natural slooe 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 □ □ 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, motorcycles, 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 proiect to the ESA (i.e. not comminaled 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 {ADTJ 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 □ D 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 statina "Mv oroiect is a 'STANDARD PROJECT' .. ." and complete aoolicant information. E-34 Page 3of4 REV 04/17 PRELIMINARY REPORT YOUR REFERENCE NCS #204299 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO .. 00139755-987-OC1-K27 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A AS SHOWN ON LOT LINE OF ADJUSTMENT OR PARCEL MERGER NO. ADJ 06-07, CE 060030, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 27 2007 AS INSTRUMENT NO. 2007-0568170 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 13, 14, AND 15 OF MAP NO. 15013, CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 3, 2005, AS FILE NO. 2005-0371022, OF OFFICIAL RECORDS. ------ PARCEL 2: RECIPROCAL EASEMENTS IN AND TO THE COMMON AREA FOR PURPOSES DESCRIBED IN THE DECLARATION ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENT RECORDED OCTOBER 24, 2005 AS INSTRUMENT NO 2005-0917104 OF OFFICIAL RECORDS. APN: 221-881-16-00 CL TA Preliminary Report Fonn -Modified (11117/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 Chicago Title Company ORDER NO.: 00139755-987-OC1-K27 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No .. Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 221-881-16-00 2020-2021 $210,083.03, OPEN {Delinquent after December 10) $21,008.30 $210,083.03, OPEN (Delinquent after April 10) $21,018.30 $0.00 09022 B. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No: Disclosed by: Recording Date: Recording No.: Community Facilities District No. 1 Amendment to the Notice of Special Tax Lien (Notice of Annexation) March 14, 2003 2003-0289329, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: Lisa Hi\dabrand, Finance Director, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008, Telephone: (760)602-2490 C. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District {CFO) as follows: CFO No: Disclosed by: Recording Date: Recording No.: Community Facilities District No. 3 Note of Special Tax Lien November 17, 2005 2005-0998003, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: Finance Department, 1635 Faraday Avenue, Carlsbad, CA 92008, (760)602-2430 D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. CL TA Preliminary Report Form -Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 Chicago Tille Company ORDER NO.: 00139755-987-OC1-K27 EXCEPTIONS (Continued) 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Matters contained in that certain document Entitled: Recording Date: Recording No: Payment of a Public Facilities Fee February 16, 1982 82-041594, of Official Records Reference is hereby made to said document for full particulars. 3. Easement{s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Vista Sewer pipelines and incidental purposes October 2, 1986 86-441919 of Official Records As described therein. 4. Easement{s) for the purpose{s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Vista Storm drain pipes and lines and incidental purposes October 29, 1987 87-609285, of Official Records Lot 14, as described therein. 5. Matters contained in that certain document Entitled: Recording Date: Recording No: Reciprocal Easement Agreement June 13, 2003 2003-0701717, of Official Records Reference is hereby made to said document for full particulars. 6. Matters contained in that certain document Entitled: Recording Date: Notice and Waiver Concerning Proximately of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridor(s) Case No.: CT 98-10 February 11, 2004 Recording No: 2004-0109898, of Official Records Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage May 27, 2004 2004-0494021 , of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified {11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 EXCEPTIONS (Continued) 8. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure May 27, 2004 2004-0494124, of Official Records Reference is hereby made to said document for full particulars. Chicago Tille Company ORDER NO.: 00139755-987-OC1-K27 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document In favor of: Purpose: Recording Date: Recording No: Affects: The City of Vista Sewer lines and appurtenances and incidental purposes December 9, 2004 2004-1160412, of Official Records As described therein. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: The City of Vista Sewer access easement and incidental purposes December 9, 2004 2004-1160413, of Official Records Lot 15, as described therein. 11. Easement{s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 15013; Purpose: Affects: Recording Date: Access and incidental purposes -20' storm drain lot 15. May 3, 2005 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 15013; , Purpose: Affects: Recording Date: Sight distance corridor and incidental purposes Lots 13 and 14. May 3, 2005 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 15013; Purpose: Affects: Recording Date: Storm drain and incidental purposes As shown on aid map. May 3, 2005 14. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Tract Map recorded May 3, 2005 in Map No. 15013. Affects: Lionshead Avenue, except as permitted hereon. Cl TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE NCS #204299 EXCEPTIONS (Continued) 15. Matters contained in that certain document Chicago Title Company ORDER NO.: 00139755-987-OC1-K27 Entitled: Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 98-10 Recording Date: May 3, 2005 Recording No: 2005-0371021 , of Official Records Reference is hereby made to said document for full particulars. Amendment No. 1 to Waiver and Consent to Creation of the Community Facilities District (CT 98-10) recorded November 4, 2005 as Instrument No. 2005-0964620, of Official Records. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: The San Diego Gas and Electric Company Access and utilities and incidental purposes August 29, 2005 2005-0741198, of Official Records Lot 15, as described therein. 17. 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: October 24, 2005 Recording No: 2005-0917104, of 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: Recording No: September 12, 2006 2006-0647230 of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: September 10, 2007 2007-0594291, of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: April 2, 2009 Recording No: 2009-0165748, of Official Records Cl TA Preliminary Report Form -Modified (11/17/06) Page7 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 Chicago Title Company ORDER NO .. 00139755-987-OC1-K27 EXCEPTIONS (Continued) 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: CoxCom, Inc. d/b/a Cox Communications Telecommunications distribution facilities and incidental purpses April 20, 2006 2006-0275939, of Official Records As described therein. The exact location and extent of said easement is not disclosed of record. 19. Matters contained in that certain document Entitled: Recording Date: Recording No: Community Facilities District No. 3 Disclosure Agreement May 21, 2007 2007-0342218, of Official Records Reference is hereby made to said document for full particulars. 20. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 1, 2007 2007-0636664 of Official Records Reference is hereby made to said document for full particulars. 21. Provision and easements contained in the deed from Fenton Raceway LLC, a California limited liability company, as Granter, to RAF Group Raceway LLC, a Delaware limited liability company, as Grantee, recorded June 16, 2016 as Instrument No. 2016-0298473, of Official Records. Reference being made to the document for full particulars. 22. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property April 14, 2017 2017-0168889, of Official Records Reference is hereby made to said document for full particulars. 23. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage May 25, 2017 2017-0235233, of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified {11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 EXCEPTIONS (Continued) 24. Matters contained in that certain document Chicago Tille Company ORDER NO.: 00139755-987-OC1-K27 Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: May 25, 2017 Recording No: 2017-0235257 of Official Records Reference is hereby made to said document for full particulars. 25. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage May 25, 2017 2017-0235528, of Official Records Reference is hereby made to said document for full particulars. 26. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure May 25, 2017 2017-0235529, of Official Records Reference is hereby made to said document for full particulars. 27. Matters contained in that certain document Entitled: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date: May 25, 2017 Recording No: 2017-0235568, of Official Records Reference is hereby made to said document for full particulars. 28. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure May 25, 2017 2017-0235640 of Official Records Reference is hereby made to said document for full particulars. 29. Matters contained in that certain document Entitled: Recording Date: Recording No: Encroachment Permit and Maintenance and Removal Agreement October 25, 2017 2017-0497932 of Official Records Reference is hereby made to said document for full particulars. Cl TA Preliminary Report Form -Modified (11/17/06) Page9 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 Chicago Tille Company ORDER NO.: 0013Q755-987-OC1-K27 EXCEPTIONS (Continued) 30. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Truster/Granter Trustee: Beneficiary: Recording Date: Recording No: $75,000,000.00 June 3, 2020 BRE 3261 Lionshead Owner LLC, a Delaware limited liability company First American Title Insurance Company, a Nebraska corporation PCRED Lending Ill LLC, a Delaware limited liability company June 3, 2020 2020-0283863, of Official Records 31. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: BRE 3261 Lionshead Owner LLC PRCED Lending Ill LLC June 3, 2020 2020-0283864, of Official Records 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: City of Vista, a chartered municipal corporation Blanket easement for sewer easement access September 22, 2020 2020-0557589, of Official Records As described therein. 33. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 34. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 35. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: NCS #204299 REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00139755-987-OC1-K27 1. 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: BRE 3261 Lionshead Owner LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. If Limlted 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. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's AffidaviUDeclaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CL TA Preliminary Report Form -Modified (11/17106) Page 11 PRELIMINARY REPORT YOUR REFERENCE· NCS#204299 INFORMATIONAL NOTES SECTION Chicago Tille Company ORDER NO .. 00139755-987-OC1-K27 1. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 3266 Lionshead Avenue, located within the City of Carlsbad, California, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. 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. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. Note: There are NO conveyances affecting said land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES John Balassi/Jason Silva (OC/Comm)/725 CL TA Preliminary Report Form -Modified (11/17106) Page 1 ::jWIRE SAFE. Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other on line accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Original Effective Date: 5/1112017 Current Version Date· 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev.12107/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved ~Chicago Title Company 4911 Birch Street,, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -ServiceUnk Title Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The discount will only be applicable to the FNF Company Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy {Standard or Extended coverage) covering the financing or refinancing by an owner of reccrd, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in sad area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: November 10, 2020 by 725 Escrow No.: 00139755-987·0C1-K27 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective April 9, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal lnfonnatlon FNF may collect the following categories of Personal Information- • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status): • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number): • financial account information (e.g. loan or bank account information), and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others: and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account Other Online Specifics Cookies. \fJhen you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or periorm services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. April 9, 2020) MISC0219 (OSI Rev. 04110/20) Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00139755-987-0C1-K27 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order: or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information lo third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of a\l or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices Wlth Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. \.'Vhether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https //fnf com/pages/cahforniaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101, Phone number: (702) 486-3132: email: BCPINFO@ag.stale.nv.us For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. April 9, 2020) MISC0219 (OSI Rev. 04/10/20) Copyright© 2020. Fidelity National Financial. Inc. All Rights Reserved Page 2 Order No. 0013g755_g87-0C1-K27 Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to {888) 934-3354, or by mail to: FNF Privacy Statement (Eff. April 9, 2020) MISC021g (DSI Rev. 04/10/20) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 0013g755_gs1-OC1-K27 ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses which anse by reason of: 1 {a) Any law, ordinance or governmental regulation (including but no1 limited to building or zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; {ii} the character, dimensions or location of any improvement now or hereafter erected on the land; {iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. {b) Any governmental police power not excluded by {a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other mallers: (a) whether or not recorded in the public records at Date of Policy, but created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which anse by reason of: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests, or claims which are not shOVvTI by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose, and which are not shOVvTI by the public records 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorii:ing the issuance thereof; (c) water rights, claims or title to water. whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. .zoning: c. land use: d. improvements on the Land; e. land division; and f environmental protection. This Exclusion does not limit the coverage descnbed in Covered Risk 8 a .. 14, 15, 16, 18, 19. 20. 23 or 27. 2. The failure of Your existing structures. or any part of them. to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records: b. that are Known to You at the Policy Date. but not to Us, unless they are recorded in the Public Records at the Policy Date: Attachment One CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25. 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire. flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals. water, or any other substances LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16. Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 00% of Policy Amount Shown in Schedule A or $5,000.00 {whichever is less) 1 .00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $ 5.00000 The following matters are expressly ex duded 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 i:ornng) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land; or (iv} environmental protection: or the effect of any violaUon of these laws, ordinances, or governmental regulations. This Exclusion 1 (a} does not modify or limit the coverage provided under Covered Risk 5. (bl Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens. encumbrances, adverse claims, or other matters (a) created, suffered. assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed 1n writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however. this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceab1lity in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b} of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records This Exclusion does not modify or limit the coverage provided under Covered Risk 11{b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. AH other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {The abo'ie policy form may be issued to afford either Standard Co'ierage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Co'ierage policy will also include the following Exceptions from Coverage. 1 (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts. rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof. not shown by the Public Records. 4. Any encroachment, encumbrance. violation, variation, or adverse circumstance affecting the Tille that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights, claims or title to water. whether or not the matters excepted under (a}, (b), or {c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters. and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs. attorneys' fees, or expenses that arise by reason ot 1. (a) Any law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i} the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land: (iii) the subdivision of land: or {iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1{a) does not modify or limit the coverage provided under Covered Risk 5. {b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a} created. suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); °' (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, Iha! the transaction vesting the Tille as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer: or (b} a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs. attorneys' fees or expenses. 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 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance. violation. variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Un patented mining claims; {b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title lo water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements. CC&R's, etc. shown here.} Attachment One CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wm not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance. permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens. encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c} resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16. 17. 18. 19, 20, 21, 22, 23, 24. 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured lo comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy This Exclusion does not modify or limit the coverage provided In Covered Risk 11 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b} or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided m Covered Risk 5 or 6 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination. explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water. or any other substances. Attachment One CA (Rev. 05-06-16) Page 4 © CalHornla Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. OWNER'S DECLARATION Escrow No.: 00139755-987-OC1-K27 Property Address: 3266 Lionshead Ave Carlsbad, CA The undersigned hereby declares as follows: 1 (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 3266 Lionshead Ave, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________ of ----------------~ ("Owner''), which is the owner or lessee, as the case may be, of certain premises located at 3266 Lionshead Ave, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2 (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with --------------------upon the Land in the approximate total sum of $. _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ______________________ ------------------· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and 1f a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as,,.,-----,,-,--,--------,,,-~·· _______________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land 7 There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Comm1tment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perJury that the foregoing is true and correct and that this declaration was executed on ___ at Signature: Owner's Declaration MISC0220 (OSI Rev.10117117) Pnnted: 6/2812017 2:56 AM by «User Initials>> Page 3 Escn