HomeMy WebLinkAboutCUP 2024-0006; PAVE SCHOOL OF THE ARTS; Conditional Use Permit (CUP)Ccityof
Carlsbad
AUTHORIZATION, CONSENT, AND
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov
§} APPLICATION AND ACKNOWLEDGEMENT INFORMATION
This submittal form (Part A through Part F) must be completed as part of your application with the City
of Carlsbad. Your project cannot be reviewed until this information is completed.
PART A. Owner Authorization and Consent
NOTE: This Consent and Disclosure Form must list the name of the principal owners {10% or greater) and
attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable.
Provide name(s) of the person(s) authorized to sign on behalf of the organization. {A separate page may
be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE IND/CA TE
NOT-APPLICABLE (N/A) IN THE SPACE BELOW.
This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the
property known as:
Assessor's Map Book, Page and Parcel (APN/APNs): Book 210, Pg 09, APN: 2100903200
_________________________________ ;and
Street Address (if applicable): ____ 5_3_6_5_A_V_E_N_ID_A_E_N_C_IN_A_S_S_T_E_F_&_H _______ _
that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application
on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of
perjury that I/we have reviewed this Affidavit and the information is true and correct.
1. Name: William Galipeau Signature: Bj.lltb,:.,~30.202412:09PDT
7T CFO of BKM GPMM, Inc., its' GP Signature: ________________________ _
10/30/24
Phone Number: 949-566-8800 Email: bgalipeau@bkmcp.com -----------
bkm approved by Ted Tobiasz
Contact Address: 1701 QUAIL STREET, STE 100, NEWPORT BEACH, CA 92660
2. Name: ___________ Signature: ____________ _
Phone Number: ___________ Email: __________ _
Contact Address: ______________________ _
NOTE: For additional names, please use a separate sheet of paper.
NOV O 8 2024
Page 1 of 6
P-1(A) Form Rev 4/2024
PART C. Project Team Information (complete all applicable fields)
Applicant: D Sa me as Owner IX! Different from Owner
Name (if different from Owner): _______ S_o_n:....ya_K_w_o_n ______________ _
Company or Firm: _____ P_a_v_e_S_c_h_o_o_l _of_t_h_e_A_rt_s _________________ _
Phone Number: __ 2_1_3_-9_4_9_-5_6_4_9 _____ Email: sonyakwon.pave@gmail.com
Contact Address: 5365 Avenida Encinas Suite H City: Carlsbad State:~ Zip Code: 92008
Agent or Representative: □ Same as Applicant @ Different from Applicant □ N/A
Name (if different from Applicant): ______ A_d_am_K_o_o_i_en--'g"-a _____________ _
Company or Firm: _____ H_o_f_m_a_n_P_l_a_n_n_in_,,gc....A_s_s_o_c_ia_te_s _______________ _
Phone Number: -----"'6_,._1.::e.6=-=.3=-=0_,._1.:....4:.!:6:....:1..:::8'-----Email: __ a_ko_o_i_en_g_a_@_h_o_fm_a_n_p_la_n_n_i_ng_._c_o_m ___ _
Contact Address: __ 5_9_0_0_P_a_st_e_u_r _C_o_u_rt __ City: Carlsbad State:~ Zip Code: 92008
Other (specify Architect, Engineer, CEQA Consultant, etc.): _______________ _
Name: _________________________________ _
Company or Firm: ______________________________ _
Phone Number: ___________ Email: _________________ _
Contact Address: ___________ City: ______ State: __ Zip Code: ___ _
NOTE: A Letter of Authorizotion (LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART 0. Single "Point of Contact" Designation
A single "point of contact" is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: D Applicant D Property Owner lxl Agent □Other ________ _
Page 3 of 6
P-1 {A) Farm Rev 4/2024
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
D Yes [ii No If yes, indicate person(s): ___________________ _
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's "Minimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additional discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review "clock" and extend processing timelines.
5. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I certify that the description of the development and all the plans and supporting
documentation are accurate in all material respects as of the date when made. I understand
that it is my responsibility to ensure that statements and representations are not misleading.
Furthermore, I agree to promptly remove, correct, or add information as needed to correct any
misleading or materially inaccurate information. I understand that any misstatement or
omission of the requested information or of any information subsequently requested might be
Page 4 of 6
P-1(A) Form Rev 412024
grounds for rejecting the application, deeming the application incomplete, denying the
application, suspending or revoking a permit issued on the basis of these or subsequent
representations, or for the seeking of such other and further relief as deemed appropriate by
the City of Carlsbad.
7. If discrepancies exist between the architectural plans and the structural plans, the architectural
plans shall take precedence. Ultimately, the scope of work, as described on the permit that
authorizes construction, takes precedence over the plans. If there is a discrepancy between the
plans and the description on the permit, the permit governs.
8. I understand that al l materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere online, outside of the city's control.
9. I understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final st aff recommendations to the decision-
making body about this application or the determination of any decision-making body.
10. I understand that the overall design process consists of several steps, each with increasingly
more detail. The planning phase is one of the first steps in the design process. A Land Use
Review Application (or "planning application") consists only of a schematic design package. If
the project is approved or conditionally approved, the schematic design phase is immediately
followed by a design development phase (with construction drawings). Construction drawings,
such grading and drainage plans, are much more comprehensive and provide additional detail,
specificity, and instructions on how to build and implement the project.
Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use
Review Application are based on the representations of the intent of design and construction.
City comments and statements are believed to be accurate; however, such accuracy is not
guaranteed when implementing the intended design solution. I understand that the approval or
conditional approval of a Land Use Review Application does not replace the more thorough
review of the construction drawings by the city or another agency during the design
development phase; or services or recommendations provided by design professionals, such as
architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval
of a Land Use Review Application does not relieve the Applicant of the obligation from
complying with all applicable regulations, standards, policies, and guidelines applicable to the
design development phase. Therefore, the ultimate design solutions required in construction
drawings may differ from the project's initial schematic design.
The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans,
architectural elevations, and landscape plans shall not be altered without express authorization
by the City Planner. Once a permit has been issued, the Applicant may request permit
modifications. "Minor" modifications might be granted if found by the City Planner to be in
substantial conformity with the approved plan set, including all exhibits and permit conditions.
Page 5 of 6
P-1(A) Form Rev 412024
Modifications beyond the scope described in the approved plan set might require submittal of
an amendment to the permit and approval by the authorized review body.
11. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
12. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
By signing below, I acknowledge that I have completely read, understand, and agree to the declarations
above and accept all terms set forth herein.
Jo~~a /(,WOJ1 Applicant Signature: Sonya Kw~ 1Nov6.2024 17:54 PS])
Name: Sooy,a ~won Date: 11/06/2024
This form must be stapled/attached to the application and shall be effective until replaced or
revoked in writing.
Page 6 of 6
P-1 (A) Form Rev 4/2024
Disclosure Statement P1A (002)
Final Audit Report
Created:
By:
Status:
Transaction ID:
2024-10-30
Michelle Monet (mmonet@bkmcp.com)
Signed
CBJCHBCAABAADLjq-1_eOa5XBm30AwBLX1aBp01n80gk
"Disclosure Statement P1A (002)" History
~ Document created by Michelle Monet (mmonet@bkmcp.com)
2024-10-30-6:30:31 PM GMT
~ Document emailed to Bill Galipeau (bgalipeau@bkmcp.com) for signature
2024-10-30 -6:30:35 PM GMT
~ Email viewed by Bill Galipeau (bgalipeau@bkmcp.com)
2024-10-30 -7:08:15 PM GMT
0o Document e-signed by Bill Galipeau (bgalipeau@bkmcp.com)
Signature Date: 2024-10-30 - 7:09:22 PM GMT - Time Source: server
9 Agreement completed.
2024-10-30 -7:09:22 PM GMT
II Adobe Acrobat Sign
2024-10-30
PART B. Supplemental Information
Denote whether the following items are applicable to the project or if any portion of the property located within any of the
following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as
necessary).
1. A very high fire hazard severity zone, as determined by the Department of Forestry
and Fire Protection pursuant to Government Code§ 51178 for State Responsibility
Areas; or any official local maps published pursuant to Government Code§ 51178
for Local Responsibility Areas.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a
hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Health and Safety Code§ 25356 of the Health and Safety Code.
NOTE: Certification of compliance required on Form P-1/CJ.
4. A special flood hazard area subject to inundation by the 1 percent annual chance
flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency.
5. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist.
6. Any historic or cultural resources known to exist on the property.
7. The project requires any approvals under the Subdivision Map Act, such as a parcel
map, a tentative map, or a condominium map.
NOTE: If "yes," you may need to complete Form P-l{E} and Form P-l{F).
8. The project require a Density Bonus Approval.
NOTE: If "yes," you must complete Forms P-l(H).
9. The project site located within the Coastal Zone.
NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7.
Yes
□
□
□
□
□
□
□
□
a. If "yes," does any portion of the property contain wetlands, as defined in Title 0
14 of the California Code of Regulations § 13577.
No
00
00
00
00
00
□
Page 3 of 4
P-1 (B) Form Rev 612023
PART A. Requested Environmental Clearance (All Projects)
□ DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project.
□ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application
package is NOT a "project" as defined by CEQA (Public Resources Code§ 21065; CEQA Guidelines
§ 15378.
Applicable Public Resource Code or CEQA Guidelines Sec.: _____________ _
EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent
contemplating using a CEQA exemption should carefully review both the Public Resources Code
and the State CEQA Guidelines to determine whether specific criteria apply that may or may not
be applicable to their proposed project. To assist the city in assessing whether the proposed
project is exempt from further review, the Applicant, Property Owner, or Agent may be asked to
provide written explanation and substantiate the requested exemption (see below).
□ Ministerial. The requested activity is exempt from further CEQA review because
it is specifically excluded from CEQA consideration as defined by the State
Legislature. These exemptions are delineated in Public Resource Code§§ 21080
et seq. and CEQA Guidelines.
Applicable section: ____________________ _
{XI Categorical. The requested activity is exempt from further CEQA review because
it belongs to a list of classes of projects that generally are considered not to have
potential impacts on the environment. Categorical exemptions are identified by
the State Resources Agency and are defined in the CEQA Guidelines §§ 15300-
15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence
must include why the quested exemption is not negated by some sort of an
exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter
19.04 of the Carlsbad Municipal Code.
□ Other type of exemption, such as Agricultural Housing, Affordable Housing, and
exemption for residential projects in a specific plan, etc. (Article 12.5 of the CEQA
Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.) ADDITIONAL
DOCUMENTATION AND/OR CHECKLIST MUST BE ATTACHED.
□ ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA
because the project does not qualify for an exemption. This Environmental Information Form will
be used to assist staff in determining what type of environmental documentation (i.e.,
Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration) will be
required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Municipal Code. The city will
typica lly complete its initial environmental study thirty days after an application is determined
complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the
timeframe is extended.
Page 2 of 5
DRAFT P-J (D) Form Rev 6/2023
PART B. Property and Project Screening Information (If Applicable)
This section is to be completed only if further environmental review and documentation is required (such
as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your
Land Use Review Application is complete, the City Planner wiff request the preparation of an Initial St udy,
which wiff rely, in part, on the information provided in this form. If you believe that a previously completed
CEQA document adequately addresses the environmental impacts of the proposed project, a Petition for
Use of Prior CEQA Document or tiering checklist (as required by CEQA) may be fifed which wilf be reviewed
and considered. ft is important to note that the details of the request must be carefully evaluated and
Planning staff's recommendation or decision for environmental review may change.
NOTE: If you have any questions regarding what constitutes an environmental resource of concern,
Planning staff may be contacted for further information. The clarity and accuracy of the information you
provide is critical for purposes of quickly determining the specific environmental effects of your project.
1. Describe each item as it relates to the PROJECT SITE:
Project is located within the existing Pacific Coast Industrial
a. Existing land uses/ structures: Center complex. Building 5365, Suite H is currently vacant &
the project is being proposed within the Industrial Center.
b. Topography/ slope: Flat topography / little to no slope
Existing commercial landscape provided within the Pacific Coast
c. Vegetation: Industrial Center complex.
d. Wildlife: _N_IA __________________________ _
e. Surface waters: _N_I_A _________________________ _
f. Cultural/ historical resources: __ N_IA ____________________ _
g. Other: ______________________________ _
2. Describe each item as it relates to the SURROUNDING AREA:
The project is surrounded by the existing Pacific Coast Industrial
a. Existing land uses/ structures: Center complex and other existing commercial complexes which
provide suites/buildings for various commercial uses/businesses.
b. Topography/ slope: Flat topography / little to no slope
Existing commercial landscape provided within the surrounding
c. Vegetation: business complexes.
d. Wildlife: N/A ------------------------------
e. Surface waters: NIA ----------------------------
f. Cultural/ historical resources: _N_IA ____________________ _
g. Other: ______________________________ _
Page 3 of 5
DRAFT P-1 (D) Form Rev 612023
3. Describe the whole action involved, including but not limited to later phases of the project, and any
secondary, support, or off-site features necessary for its implementation.
No development is proposed. The project is to be located within a suite
within an existing building. No tenant improvements or site
improvements proposed. Minor CUP needed for a Dance Studio to occur
at this site.
4. What steps can be taken to mitigate any adverse effects that may result from this project? List the
adverse effect first, then the mitigation measure(s) to reduce that effect.
Since there is no development proposed and the proposed project is
a Dance Studio to take place within a vacant suite within an existing
building of an industrial center, there are no adverse effects that can
result from this project.
Are the /of/owing items applicable to the project or its effects? Discuss all items checked "yes" (attach
additional sheets as necessary).
S. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
6. Change in scenic views or vistas from existing residential areas or public lands or
roads.
7. Change in pattern, scale or character of general area of project.
8. Significant amounts of solid waste or litter.
9. Change in dust, ash, smoke, fumes or odors in vicinity.
10. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
10. Substantial change in existing noise or vibration levels in the vicinity.
11. Site on filled land or on slope of 10 percent or more.
12. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
13. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
14. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
15. Relationship to a larger project or series of projects of the same type in the same
general area.
Yes No
□ 00
□
□ I!]
□ [!]
□ [!]
□ 00
□ 00
□ 00
□ 00
□
□ [!]
□ 00
Page 4 of 5
DRAFT P-l(D) fonn Rev 6/2023
Yes No
16. Site with tree groves, rock outcroppings, or similar resources. □ [!]
17. Site with sensitive plant or animal habitats, defined by the California Endangered □ 00
Special Act {Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered
Species Act {16 U.S.C. §§ et. seq.); or sensitive, rare, candidate species of special
concern; endangered or threatened biological specials or their habitat (specifically
including sage scrub habitat for the California Gnatcatcher); or the site is
immediately adjacent to a corridor or larger area which has wildlife movement.
18. Site has known archaeological or cultural resources from either historic or □
prehistoric periods.
19. Site has buildings or structures, including houses, garages, barns, commercial □ 00
structures, etc. with extant architecture that are usually more than 45 years old.
NOTE: The city requires completion of this form for informational purposes. An affirmative response to any
of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e.,
biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact"
determination should be submitted as an attachment to this Environmental Information Form to help
expedite the city's environmental review but IS NOT required to complete your application. Formal
environmental review does not begin the Land Use Review Application is determined to be complete.
A few statutes or ordinances require agencies to make decisions on permits within time limits that are so
short that review of the project under CEOA time limits would be difficult. To enable the city to comply
with the Permit Streamlining Act and CEOA, the case planner will deem an application for a project not
received for filing under the statute or ordinance until such time that progress toward completing the
environmental documentation required by CEOA is sufficient to enable the city to finish the CEOA process
within the shorter permit time limit.
This form must be stapled/attached to the application and shall be effective until replaced or revoked
in writing.
Page S of 5
DRAFT P-l(D) Form Rev 6/2023
A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short
that review of the project under CEQA would be difficult. To enable the city to comply with both the Permit
Streamlining Act statute and CEQA, the case planner must deem an application for a project not received for filing
under the statute or ordinance until such time as progress toward completing the environmental documentation
required by CEQA is sufficient to enable the city to finish the CEQA process within the short permit time limit.
BY SIGNING BLEOW, I/We understand that this form must be completed as part of the application and
documents that I/we have been informed of process requirements and timelines including: 1) time limits on
determining application completeness; 2) notifying applicants in writing if their applications are complete; 3)
time limits for environmental review; and, 4) disclosure to applicants about these time limits and certain
aspects of the application review process.
Each city review letter will Include a project processing schedule and estimated decision date that
incorporates the time limits for processing projects. I/We also understand that if there are any concerns
about the progression on the development application (e.g., the notice, review, or decision schedule) the
Applicant, Property Owner, or Agent should immediately contact the case planner to discuss project
processing, upcoming milestones, and/or timeline concerns. Time periods may be extended by mutual
consent, within limits.
Pave School of the Arts
NAME OF PROJECT: ____ ~-~~~-----~---------------Minor CUP to allow for a Dance Studio to be located within an
BRIEF SUMMARY OF PROJECT: existing building within the P-M Zone.
LOCATION: _5_3_6_5_A_v_e_n_id_a_E_n_c_in_a_s_S_t_e_H_,_C_a_rl_sb_a_d_,_C_A_9_2_0_0_8 __________ _
CONTACT: D Applicant □ Property Owner gg Agent
Signature: ~
Name: I Sonya Kwon I 7.2.24
Date: ________ _
This form must be stapled/attached to the application and shall be effective until replaced or revoked in
writing.
NOTE: Not all discretionary projects are subject to the 30-day review period. And there might be circumstances
that dictate a different processing timeline pursuant to state law.
Page 2 of 2
P-1 (A) Form Rev 6/2023
..
C City of
Carlsbad
FINANCIALLY
RESPONSIBLE PARTY
STATEMENT P-1(J)
Development Services
Planning Division
1635 Faraday Avenue
(442-339-2600
www.carlsbadca.gov
§) APPLICATION INFORMATION
This submittal form is to be completed as part of your application with the City of Carlsbad. Your project
cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in
assignment and there is a new Financially Responsible Party.
PART A. Assignment
It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review
Applications, including all time spent by city staff to review, refer, and coordinate land development
applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of
processing the application package. Actual costs may vary substantially due to project location,
environmental issues, planning constraints, appeals or code/ordinance compliance.
The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake
fee amount for each application permit type. The amount due and to be received by the city must be
based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate
or costs paid to process prior projects. The person named as Financially Responsible Party in this
document is person or persons responsible for depositing, transferring, or has previously sent funds to
process the following application.
Pave School of the Arts
PROJECT NAME: -----.-....--.,........---..----..--.....----------.......---,.---.--r---.---,--..---..-r~--M mor COP to allow for a Dance Studio to be located within an
BRIEF PROJECT SUMMARY: existing building within the P-M Zone.
PROJECT LOCATION: 5365 Avenida Encinas Ste H, Carlsbad, CA 92008
Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation
or partnership named below as the "Financially Responsible Party." With reference to said application
and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows:
1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city
in an account under the name of the project and/or Financially Responsible Party, and the funds
remaining in said account at the completion of work or withdrawal of the application shall be
refunded to the Financially Responsible Party at the address below. In the case that the
Financially Responsible Party transfers ownership of the subject property and wishes to transfer
responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility
Form must be completed to authorize transfer of ownership of funds in said account (Section 3
of this document). The Financially Responsible Party may contact the assigned planner to
request a new form.
CITYO
JUL 9 2024 Page 1 of 3
P-1(J) Form Rell 7/2023
PLANNING DIV..,,._; J
2. All costs incurred by the city in processing said application, including overhead, whether within
or over the is the Financially Responsible Party's personal obligation and shall not be affected by
sale or transfer of the property subject to the application, changes in Financially Responsible
Party's business organization, or any other reason. "Costs incurred by the city" as identified in
this paragraph may include costs for the services of an outside contractor for third party review,
including environmental evaluation. Where the City Planner determines it is necessary to
engage the services of an outside contractor to assist with application processing, costs for such
services are to be paid by the Financially Responsible Party in the same manner identified
above.
3. If the Financially Responsible Party wit hdraws an application, the City Planner will cease
processing of the application within one day and will proceed with the case closure process. The
Financially Responsible Party is responsible for all case closure costs. Case closure costs will be
minimized to the maximum extent practicable.
The Financially Responsible Party is a (check one):
~ Applicant □ Property Owner □ Agent D Other: _____________ _
Financially Responsible Party's Legal Name: __ S_o_ny_a_K_w_o_n __________ _
Address: 5365 Avenida Encinas, Suite H
City: Carlsbad State: CA Zip Code: 9200S
. sonyakwon.pave@gmail.com Phone: _213-949-5649 _________ Email: _________ _
By signing below, I/We have read this form and agree to all terms and limitations provided for
application intake and processing. I understand and agree that as the Financially Responsible Party, I/We
are responsible for payment of all fees associated with this project including all hourly or other fees
which might accrue during the review and/or post-issuance whether the permit issued or whether the
application is canceled or denied before the permit is issued.
Financially Responsible Party Signature: ~-----Date: _____ _
Print Namel Sonya Kwon I
The information about the Financially Responsible Party provided above must be 100% accurate. If there
is a refund, the check will be mailed to the name and address stated below. If the information stated on
this form is inconsistent with our system, the Financially Responsible Party must clarify and correct
before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the
Financially Responsible Party is a "company", stating that the Agent has the authority to complete and
sign this form.
Page 2 of 3
P-1 (J) Form Rev 7/2023
PART B. Change in Assignment (New Responsible Party)
This portion of the submittal form is to be completed when the Financially Responsible Person changes
during the course of processing the application with the City of Carlsbad.
Transferring from (to be completed by current Financially Responsible Party):
I, _________________ __, hereby assign and transfer all rights and financial
responsibilities for the following application:
PROJECT NAME: ________________________ _
BRIEF PROJECT SUMMARY: _____________________ _
PROJECT LOCATION: _______________________ _
PLANNING CASE NOS.: ______________________ _
Current Financially Responsible Party Signature: ________________ _
Print Name: ___________________ Date: _______ _
Acceptance of Transfer (to be completed by the new Financial Responsible Party):
I, ____________ __, hereby accept financial responsibility for the above-mentioned
project from ___________ (FRP, Part A.), effective date. _____ _
New Financially Responsible Party's Legal Name: _______________ _
Address: _____________________________ _
City: ______________ State: ___ Zip Code: ______ _
Phone: _____________ Cell Phone: ____________ _
Email: _____________________________ _
New Financially Responsible Party Signature: ________________ _
To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in
writing.
Page 3 of 3
P-1(J) Form Rev 7/2023
C City of
Carlsbad
Certificate of Accuracy
P-37
Develo pment Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www .carlsbadca.gov
Project Name:_Pave School of the Arts ______ _
Type of permit(s) applying for: __ Minor CUP ____ _
P-37
CITY OF CARLSBAD -PLANNING DIVISION
CERTIFICATE OF ACCURACY
I certify all documents and plans clearly and accurately show all existing and
all proposed buildings, structures, access roads, and utilities/utility
easements. All proposed land use activities, improvements to land, and/or
building modifications or additions are clearly labeled on the site plan of the
approved plan set . I understand that any potentially existing detail within
these plans inconsistent with the site plan are not approved and may be
required to be altered or removed. The submitted documents and plans show
the correct dimensions of the property, the buildings, and structures and their
setbacks from property lines and from one another, access roads/easements,
and utilities. The existing and proposed use of land and of each building as
stated is true and correct. Further, all improvements existing on the property
were completed in accordance with all regulations in existence at the time of
their construction, unless otherwise noted. All easements and other
encumbrances to development have been accurately shown and labeled as
well as all on-site grading/site preparation.
Applicant: Sonya Kwon Date: 6/27 /2024 __
C YO D
JUL 9 2024
D A t\JlNG D VIS,ON
Page 1 of 1 Rev. 2/2022
("city of
Carlsbad
Community DevC pment Department -Planning Division
Transportation Analysis Need Statement
(P-42)
PROJECT DESCRIPTION ( COMPLETED BY APPLICANT) Once completed, present to Land Development Engineering to complete the rest of the lonn.
Pave School of the Arts 5365 Avenida Encinas, Carlsbad CA 92008 Suite H APN: 210--090-42
Project Name
A. Project Scope, select all that applv
□ Single-family, total It of units:
□ Multi-family, total# of units:
□ Office, total gross square footage:
(/ Commercial, total gross square footage:
□ Other, describe:
Project Address and Assessor Parcel Number(s)
1640 SF
B. Prolect Thresholds for Transportation Demand Manuement Plans -Nonresidential Projects ONLY
(Complete sections C & DJ
{Complete sections C & DJ
(Complete sections B, C & DJ
(Complete sections B, C & DJ
(Complete sections B, C & DJ
FOR NONRESIDENTIAL ONLY: If project meets Average Daily Employee Trips (ADET) thresholds of 110 ADET, the applicant must include two copies
of a Transportation Demand Management (TDM) Plan with the formal application.
□
□
□
vi
□
New nonresidential building, number of ADET proposed:
Nonresidential building addition, number of ADET proposed:
Tenant improvements to existing space, number of ADET
affected:
A nonresidential redevelopment creating a single space/suite
hosting one business, number of ADET affected:
Creating of outdoor facilities where employees are expected to
work, number of ADET affected: ---c. Impact Analysis -ALL Projects
ADET
ADET
ADET
22. ADET
ADET
;•r Cha9ge of use at an exis.ting si
No development is proposed ...
JUL 9 2024
n1
,~(' L.. ,~IJ1 I I
NOTE: Refer to the TOM Handbook
for more information.
Circulation Impact Analysis (MMLOS)-AII applications which propose an increase in the traffic generation rate of 110 Average Daily Trips (ADT)
or more than 11 peak hour trips, over existing traffic generation for the site, impact analysis must be provided with a formal application.
□ Is the project consistent with the General Plan or zoning? 0 Yes □ No
□ Is the project proposing more than 110 ADT or more than 11 peak hour trips? □ Yes 0 No
NOTE: If the project includes more than 110 ADT or more than 11 peak hour trips, the applicant sho/1 coordinate and receive approval of a scoping
ogreement with the City's Transportation Department AND submit two copies of the loco/ mobility analysis (LMAJ per the City's Transportation
Impact Analysis ITIAI Guidelines. Application may be determined to be incomplete or denied if an LMA is required and application is missing
either the approved scoping agreement or LMA. If scoping agreement requires TOM plan, include two copies of a Preliminary TOM Plan with
submittal. Refer to the city's most recent Monitoring Report on the Growth Management Plan far additional information.
D. Declaration
By signing below, the applicant acknowledges that the information provided is accurate and acknowledges that ony significant modification of
the proposed project moy result in changes the required analysis. None of the ADT/MMLOS onolysis is not to be considered in lieu of project
related Vehicle Miles Traveled {VMTJ studies which may be required pursuant to CEQA. Applicant acknowledges that other traffic or related
environmental studies that are necessary to make an environmental determination may be required.
~ _Sonya Kwon. _____________ _ _7.2.24 ____ _
Applicant Signature Applicant Name Date
STAFF REVIEW AND EVALUATION (COMPLETED BY LAND DEVELOPMENT ENGINEERING)
A. !XI TDM PlAN IS NOT REQUIRED.
D TOM PlAN MAY BE REQUIRED: Scoping agreement to determine preliminary TOM Plan requirement.
D TDM PlAN ~ REQUIRED: Applicant MUST submit two copies of a TDM Plan to have a complete application.
B. IXl LMA IS NOT REQUIRED: The project does not meet the employee ADT or peak period thresholds.
D LMA IS REQUIRED: Applicant MUST submit an approved scoping agreement and two copies of a LMA to have a complete application.
Once completed by Land Development Engineering, this form is to be submitted to the Community Development Department (1635 Faraday Avenue)
as part of the discretionary permit application.
~£kc~ ;.; Signature
Junior Engineer
Title
TRANS Form _rev. 4/24
I ioda Ontiveros
Name (Printed)
liocia aotivercs@caclshadca gov
Email
D7/QS/2024
Date
442-339:2773
Phone number
e.
STEP1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? B[ D
If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box staling "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 proposed project is for a Minor CUP to allow a dance studio to occur in an existing building within the P-M zone.
The existing 1,640 SF suite is currently bare and unoccupied. No tenant improvement permits are proposed. The
hours of operation are Tuesday through Friday 2:00 pm until 9:00 pm, and Saturdays from 9:00 am through 1 :00
pm. The studio will host classes and training at a variety of times on those days. Typically the classes have a max
capacity of 25 people with a variety of age ranges for. Most students are dropped off by their parents and the
classes are closed for viewing, limiting cars onsite during the session. Our intent is to provide the Carlsbad
community with a reputable, and safe dance environment supporting health and fitness through our students.
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
*PROPOSED PROJECT IS NOT A DEVELOPMENT PROJECT.
STEP2
TO BE COMPLETE~D FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; OR D □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR
c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D D accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided In section 1.4.2 of the BMP manual? D D
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark
the second box stating "my project is EXEMPT from PDP ... " and complete applicant information.
Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
E-34 Page 2 of 4 REV04/23
*PROPOSED PROJECT IS NOT A DEVELOPMENT PROJECT.
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORl"rY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of
less than 50% of the surface area of the previously existing development? Complete the percent impervious
calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface
and not the entire development. Go to step 5, complete the trash capture question.
If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, complete the
trash capture question.
STEPS
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077):
YES NO
Is the Project within any of the following Priority Land Use (PLU) categories?
R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ □ Commercial), L (Local Shopping Center), R (Regional Commercial), V-8 (Village-Barrio), VC (Visitor
Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or
Public Transportation Station
If you answered "yes", the 'PROJECT is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first
box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... " and the second or third box as
determined in step 3.
If you answered "no", Go to steo 6, check the second or third box as determined in steo 3.
STEPS
CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION
D My project is subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE
REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQM P).
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. If my
project is subject lo TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality
Management Plan (TCSWQMP) per E-35A.
D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) per E..J5 template for submittal at time of application.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
~ My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: Sonya Kwon Applicant Title:
Applicant Signature:Sonya Kwon Olgitaly signed by Sonya Kwon 7 2 24
Date: 2024.07.0212:31:13-0700'Date: • •
E-34 Page 4of4 REV 04/23
CHICAGO TITLE INSURANCE COMPANY
Amount of Liability
$5,000.00
ISSUING OFACE:
Title Officer: Sheila Hollander
Chicago Title Company
2365 Northside Drive, Suite 600
San Diego, CA 92108
Phone: 619-521-3502 Fax: 619-785-3383
Main Phone: (619)521-3500
Email: Sheila.Hollander@ctt.com
SCHEDULE A
Fee
$0.00
Date of Guarantee: June 18, 2024 at 08:00 AM
GUARANTEE NO. 73724003997
TiUe Officer
Sheila Hollander
1. Name of Assured: BKM Pacific Coast Industrial Center 914, LLC, a Delaware limited liability company
2. The estate or interest in the Land which is covered by this Guarantee is:
Fee
3. The Land referred to in this Guarantee is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
4. ASSURANCES:
According to the Public Records as of the Date of Guarantee,
a. Title to the estate or interest in the Land is vested in:
BKM Pacific Coast Industrial Center 914, LLC, a Delaware limited liability company
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not
necessarily shown in the order of their priority.
Condition of Title Guarantee
Cl TA Guarantee Foon No. 28 (06/05/2014)
END OF SCHEDULE A
Page2
Printed: 06.28.24 @ 08:23 AM
CA-CT-FWD0-02180.055820-SPS-1-24-73724003997
For APN/Parcel ID(s): 210-090-33-00
EXHIBIT "A"
Legal Description
Parcel 11 of Parcel Map No. 11133, in the City of Car1sbad, County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, on March 25, 1981 as instrument no. 81-090596 Official Records.
Condition of TiUe Guarantee
CL TA Guarantee Form No. 28 (06/0512014)
Page3
Printed: 06.28.24 @ 08:23 AM
CA-CT-FWD~02180.055820-SPS-1-24--73724003997
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73724003997
SCHEDULE B
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2024-2025.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For
proration purposes the amounts were:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment
Code Area:
210-090-33-00
2023-2024
$17,638.41
$17,638.41
09000
3. Supplemental Tax Credit assessed pursuant to the provisions of Chapter 3.5 {commencing with Section 75) of the
revenue and taxation code of the State of California.
Assessment No.:
Fiscal Year:
1st Installment:
2nd Installment:
Code Area:
210-090-33-00
2023
$345.01
$345.01
09000
This exception is being shown for proration purposes.
4. 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.
5. Water rights, claims or title to water, whether or not disclosed by the public records.
6. 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:
San Diego Gas & Electric Company
public utilities and incidental purposes
August 28, 1969
158714 Official Records
the exact location and extent of said easement is not disclosed of record.
7. Recitals as shown on that certain Map referred to in the legal description herein, which among other things
contains various provisions pertaining to the improving or developing of the herein described land.
Reference is made to said Map for full particulars.
8. 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:
Condition of ntte Guarantee
San Diego Gas & Electric Company
public utilities and incidental purposes
July 20, 1981
81-227292 Official Records
the exact location and extent of said easement is not disclosed of record.
CL TA Guarantee Form No. 28 (06/05/2014) Printed: 06.28.24 @ 08:23 AM
CA-CT -FWD0-02180. 055820-SPS-1-24-73724003997 Page4
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
GUARANTEE NO. 73724003997
9. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Job No.: 22063
Dated: May 2, 2023
Prepared by: JRN Civil Engineers
Matters shown:
a. there are telecom risers in various locations on surveyed property lying outside the boundary of any easement
therefore.
b. there are transformers, electric vaults, utility vaults, electric boxes, cable television boxes, water meters, water
valves, manholed, back flow devices, sewer cleanouts, fire hydrants, catch basins, and other utilities in various
locations on surveyed property lying outside the boundary of any easement therefore.
1 O. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
$29,900,000.00
June 28, 2023
Trustor/Grantor
Trustee:
BKM Pacific Coast Industrial Center 914, LLC, a Delaware limited liability company
Chicago Title Company
Beneficiary:
Loan No.:
Recording Date:
Recording No.:
First-Citizens Bank & Trust Company
not shown
June 29, 2023
2023-0169968 Official Records
Affects: The herein described Land and other land.
11 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct
survey would disclose and which are not shown by the public records.
12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the
Public Records.
13. 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.
14. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): sellers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this
order. Any title search includes matters that are indexed by name only, and having a completed Statement of
Information assists the Company in the elimination of certain matters which appear to involve the parties but in
fact affect another party with the same or similar name. Be assured that the Statement of Information is essential
and will be kept strictly confidential to this file.
Condition of Title Guarantee
Cl TA Guarantee Form No. 28 (06/05/2014)
Page5
Printed: 06.28.24 @ 08:23 AM
CA-CT -FWD0.02180. 055820-SPS-1-24-73724003997
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
(continued)
GUARANTEE NO. 73724003997
15. In order to complete this report, the Company requires a Statement of Information to be completed by the
following party(ies),
Party(ies): buyers
The Company reserves the right to add additional items or make further requirements after review of the
requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this
order. Any title search includes matters that are indexed by name only, and having a completed Statement of
Information assists the Company in the elimination of certain matters which appear to involve the parties but in
fact affect another party with the same or similar name. Be assured that the Statement of Information is essential
and will be kept strictly confidential to this file.
Condttion of Title Guarantee
CL TA Guarantee Form No. 26 (06/05/2014)
END OF SCHEDULE B
Page6
Printed: 06.28.24 @ 06:23 AM
CA-CT-FWO0-02180.055820-SPS-1-24-73724003997
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73724003997
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered,
assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules or this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which
may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records
of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title
to water, whether or not the matters excluded under (1 ), (2) or (3) are shown by the Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the 'Assured": the party or parties named as the Assured in Schedule A, or on a supplementa.I writing executed by the Company.
(b) "land': the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term
'Land' does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right. title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) 'Mortgage": mortgage, deed of trust, trust deed. or other security instrument.
(d) "Public Records": those records established under California staMes at Date of Guarantee for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowtedge.
(e) "Date of Guarantee': the Date of Guarantee set forth in Schedule A.
(f) "Amount of Liability": the Amount of Liability as stated in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or
interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under
this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of the
Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the
assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice
(subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the
correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced
by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall
terminate.
Condition of Trtle Guarantee
Cl TA Guarantee Fom, No. 28 (06/05/2014)
Page7
Printed: 06.28.24 @ 08:23 AM
CA-CT-FWO0-02180.055820-SPS.1-24-73724003997
CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73724003997
(continued)
5. PROOF OF LOSS OR DAMAGE
(a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of
payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that
constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
(b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after
Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or
damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be
disclosed to others unless, In the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee. the Company shall have the following additional options:
(a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were
authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
(b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs,
attorneys' fees, and expenses Incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment
and that the Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the toss or damage provided for under this Guarantee, together with any costs, attorneys'
fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the
Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall temninate. including any duty to
continue any and all litigation Initiated by the Company pursuant to Paragraph 4.
7. LIMITATION OF LIABILITY
(a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has
suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and
subject to the Exclusions From Coverage of this Guarantee.
(b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or
encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby.
(c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom.
(d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys· fees and expenses pursuant lo Paragraph 4 shall reduce the
Amount of Liability under this Guarantee pro tanto.
9. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions. the loss or damage shall be
payable within thirty (30) days thereafter.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entiUed to all rights and remedies which the Assured would have had against any person or property
in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or
remedies.
tf a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
Coodrtlon of Title Guarantee
CL TA Guarantee Fonn No. 28 (06/05/2014)
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