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Home My WebLink AboutCUP 2021-0012; SD0475 - CARLSBAD US WEST CELLULAR; Conditional Use Permit (CUP)DocuSign Envelope ID: 46D0C90F-EA09-433B-B&. t98F4O1FF2E4 Indemnification and Insurance ReQuirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: __________ _ Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the •r:AAQIQ-Ved permit Signature~:~BA~~~J, Date:_71_1_s_12_0_2_1 _____ _ P-1 Page 3 of6 RECf]':/EO AUG 2 5 2021 Cl f'( Ur __,AKLSBAD PLA!\!N'l\l'"; DIVIS\0, l Revised 10/20 ' . C cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: SD0475 -Carlsbad APPLICANT NAME: AT & T Wireless Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov 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: Renew Entitlements for the continued use of the existing wireless telecommunication facility. No modification or work proposed P-1(6) Page 1 of 1 RECFIVED AUG 2 5 2021 CITY OF CARLSBAD PLANN1I\IG OlVtSION Revised 07 /1 O ~at&t Sylvia Tello Site Acquisition Project Manager AT&T Mobility LETTER OF AUTHORIZATION RE: ATT Authorizes MD7 to Negotiate with Landlord AT&T 7337 Trade Street, 3East, Room 3684 San Diego, CA. 92121 ~ 858·886-3122 Mobile 619-261-7849 0:il sr3137@att.com AT&T Mobility Corporation (aka New Cingular Wireless PCS, LLC a Delaware Limited Liability Company), authorizes MD7, to negotiate with Landlords on behalfof them. Landlords can disclose information to MD7. ~ Signature of ATT: ____________ _ By: Sylvia Tello Title: AT&T Site Acquisition Project Manager Date: 4/20/21 r..:--. Er ,.... • 1 • -::: D n., \ .• r · ~ .I c AUG 2 5 2071 CITY Or t.ARLt>RA.D P'....A\lr\; '\'S 'J!\l1...:1c:" To: City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 92008 MD? July 9, 2021 From: MD?, LLC Justin Causey, Land Use 10590 W Ocean Air Drive, Suite 300 San Diego, CA 92130 858-291-1869 jcausey@md7.com Re: Site ID: Alternative Site Analysis SD0475 -Carlsbad RECEPJcO AUG 2 5 2021 Site Address: Background 1015 Chestnut Ave #D3, Carlsbad, CA 92008 Alternative Site Analysis CITY OF CARLSBAD PLANNl\\lG OIVISIO'\l AT&T is seeking approval of a new MCUP for the continued operation of the existing rooftop mounted wireless telecommunication facility located at 1015 Chestnut Ave #D3. This facility was previously approved under MCUP 09-12 on 10/26/2009. This wireless telecommunication facility was approved to operate as a concealed facility on the rooftop behind an existing parapet with a total of 12 panel antennas. Throughout the lifespan of this facility AT&T has maintained compliance with all conditions applied to the facility and aims to maintain compliance by re-instating this facility's entitlements. As part of The City of Carlsbad's MCUP requirements, AT&T has also looked for viable alternatives in both design and location to ensure that the facility best supports the community. This facility provides coverage to a large section of residential and commuter traffic. This is a main facility for providing coverage to the heavily traveled 5 freeway. In addition to the residential uses in the area, there are parks and hotels in the area that require service. The existing coverage has been outlined in Exhibit A below. Alternative Site #1 The first alternative facility that was identified was the possibility of installing AT&T's equipment onto an athletic field light standard located at Chase Field to the west of the 5 freeway. This location would supply sufficient height and proximity to the heavily trafficked areas that this facility currently serves. The installation of a wireless facility at a public park may cause tension within the community and cause unnecessary hardship for facility moving forward with modifications. This would not only require the replacement of a light pole, but AT&T would also need to break ground in order to install an equipment 10590 WEST OCEAN AIR DRIVE / SUITE 300 / SAN DIEGO, CA 92130 Exhibit A 3 MCUP 09-12 -AT&T SO0475 -CARLSBAD October 26, 2009 Page3 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition Issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compllance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to. the MCUP 09-12 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and Issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including•without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. All conditions of approval imposed upon Conditional Use Permit CUP 94-04x2 as stated in Planning Commission Resolution No. 5671 shall apply as conditions of approval for MCUP 09-04 and are incorporated by this reference, except Condition No. 2 which is replaced by Condition No. 9 below. • 8. MCUP 09-12 shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit ls being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director MCUP 09-12-AT&T SO0475 -CARLSBAD October 26, 2009 Page4 shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 9. This Conditional Use Permit is granted for a period of ten years from October 19, 2009 through October 18, 2019. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Owner/Applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 13. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices; pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. (_ MCUP 09-12-AT&T S00475 -CARLSBAD October 26, 2009 Page 5 Code Reminders: 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the uimposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." : You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602-4624. Sdfy'r.E/L t:R':l. BARBERIO Assistant Planning Director GTB:CS:sm c: Michele Masterson, Senior Management Analyst Christer Westman, Senior Planner Chris DeCerbo, Team Leader Mike Peterson, Community Development Glen Van Peski, Development Services David Rick, Project Engineer File Copy Data Entry C cicyof 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. 0 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:AT&T Wireless Address: 733 7 Trade Street San Diego, CA 92101 Phone Number: 858-291-1869 PROPERTY OWNER N Markos &Melpo Voulgaris Family Trust ame: __________ _ Address: 1015 Chestnut Ave Carlsbad, CA 92008 Phone Number: 858-291-1869 Address of Site: 1015 Chestnut Ave, Carlsbad, CA 92008 Local Agency (City and County):_C_a_rl_s_b_a_d _________________ _ Assessor's book, page, and parcel number: 205-19; 205-190-25-12 Specify list(s): No work proposed in this project Regulatory Identification Number: No work proposed in this project Date of List: No work proposed in this project J . C Dllftall~~t,yJ111 ... ~ J t· C ~,tiaf..ot,y ..... .,,Oliuteo, ustm ausey :::-:-"'"-'1, ..... ,u.c.w,_,_ us 1n ausey ~·;-;'!',::;-.;:,~c.w. O.-::xt21.t11.mo&:20_'6.01'00' 0.11: :ZOU01.Cl;:ot:206e.01'00' -----------------App Ii cant Signature/Date Property Owner Signature/Date 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 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of2 Revised 02/13 Date Filed: 0 7 / 12/21 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: SD04 75 -Carlsbad 2. Name of developer or project sponsor: _A_T_&_T_W_ir_e_le_s_s __________ _ Address: 7337 Trade Street City, state, Zip Code: San Diego, CA 92101 Phone Number: 8 5 8-291 -1869 3. Name of person to be contacted concerning this project: Justin Causey Address: 10590 W. Ocean Air Drive Suite 300 City, State, Zip Code: San Diego, CA 92130 Phone Number: 8 58-29 1-1869 4. Address of Project: 1015 Chestnut Ave, Carlsbad, CA 92008 Assessor's Parcel Number: 2 05-190-25-12 --------------------- 5. 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: N/A 6. Existing General Plan Land Use Designation: _T_-_R_/_O ____________ _ 7. Existing zoning district: _0 _____________________ _ 8. Existing land use(s): _O_ffi_lC_e ____________________ _ 9. Proposed use of site (Project for which this form is filed): ___________ _ Unmanned Wireless Telecommunication Facility Project Description 10. Site size: _0_._3_9_a_c_re_s ____________________ _ 11. 12: 13. 14. P-1(D) Proposed Building square footage: _0 _________________ _ Number of floors of construction: _0 __________________ _ Amount of off-street parking provided: _N_/_A ________________ _ Associated projects: _N_/_A _____________________ _ Page 2 of 4 Revised 07/1 0 15. 16. 17. 18. 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: Regionally oriented commercial. Wireless Telecommunication If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/ A ___ _ 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(O) Page 3 of4 Revised 07/10 C cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Plannln1 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. Applicant Signature: Ju.stilt JJ. Cau.seff Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 • ( Cicyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Ser vices Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual {BMP Manual). To view the BMP Manual, refer to the Engineering Standards {Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application {subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: S00475-Carlsbad PROJECT ID: ADDRESS: 1015 Chestnut Avenue #D3, Carlsbad, CA 92008 APN: 205-190-28-12 The project is (check one): D New Development D Redevelopment The total proposed disturbed area is: 0 ft2 ( 0 ) acres The total proposed newly created and/or replaced impervious area is: 0 ft2 ( 0 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID Then, go to Step 1 and follow the instructions. application to the city. E-34 SWQMP#: When completed, sign the form at the end and submit this with your Page 1 of 4 RECEIVED AUG 2 5 2021 CITY OF CARLSBAD PLANNl"1S Dl'J!S'.:::i1 J REV 03/19 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 if □ 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): There is no work associated with this application. This application is solely for the continued use of the existing facility. No modifications are proposed If you answered "no" to the above Question the project is a 'development project', QO to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets i:iuidance? 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, your proiect is not exemot from PDP, ao to Stec 3. E-34 Page 2 of 4 REV 03/19 ' . STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and oublic development projects on public or private land. □ □ 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development proiects on public or private land. 3. Is your project a new or redevelopment project that creates and/or ~eplaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development oroiect includes development on anv natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. □ □ 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles trucks, motorcvcles and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not 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 (ADTI 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 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 3 of 4 REV 03/19 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no,• the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statino "Mv project is a PDP ... • and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 'M 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: Justin Causey Applicant Title: Land Use Project Manager Applicant Signature: Ju.ft/ft J) Cau.Je!:J._ Date: 07/08/21 .. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments): areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 .Fidelity National Title' For the benefit of: Md7 Issue Date: June 24, 2021 County: San Diego Address: , CA Customer Ref. No.: 10086282 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Phone: (866)552-0129 Email: sms-commercial@fnf.com REPORT OF TITLE Our Order No.: 34753799 State: California Scope of Search: Beginning August 2, 1988 and extending through May 14, 2021, a search of the land records for the jurisdiction where the property is located was conducted and we have reported below what was found regarding taxes; deeds; mortgages; easements and right of ways; covenants and restrictions; judgments, liens and UCCs; and, other matters commonly recorded or filed in the local land records. Vested Owner: Markos Voulgaris and Melpo Voulgaris, Trustee(s) of the Markos and Melpo Voulgaris Family Trust, dated May 31 , 2001 Search disclosed the following: 1. Taxes Type of Tax: Fiscal year: Amount: Parcel ID#: Paid through: Assessment: County 2020/2021 $2,598.64 annually 205-190-25-12 2020/2021 $227,495.00 (total = land and improvements, if any) RECJ:!\!ED AUG 2 5 2021 CITY OF CARLSBAD PLANNI\:~ .::\ ,S.~: .. 2. The Ownership of said Land does not include any rights of Ingress and Egress to or from the freeway adjacent to said land, said rights having been relinquished by Deed in favor of the State of California set forth in instrument recorded on December 13, 1966 in Instrument No. 193784. 3. Certificate of Compliance dated January 18, 1980 and recorded on January 31 , 1980 in Instrument No. 80-036504. 4. Easement in favor of San Diego Gas & Electric Company, a corporation set forth in instrument recorded on February 17, 1983 in Instrument No. 83-052483. 5. Matters as shown and noted on Plat recorded in Instrument No. 12574. Certificate of Correction recorded on January 8, 1984 in Instrument No. 84-004183. 6. Meter Access Easement in favor of San Diego Gas & Electric Company, a California corporation set forth in instrument recorded on August 31, 1983 in Instrument No. 83-309967. 7. Certificate Under California Civil Code Section 1351 Chestnut Plaza Office Condominiums recorded on December 19, 1983 in Instrument No. 83-461579. Amendment Certificate Under California Civil Code Section 1351 Chestnut Plaza Office Condominiums recorded on January 10, 1984 in Instrument No. 84-009884. 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, Tide Report -Deed Addendum COM01078.doc I Updated: 03.05.19 Page 1 Printed: 06.24.21 @ 12:08 PM by VA-FT-FXHG-03000.916135-34753799 REPORT OF TITLE (continued) disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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 recorded on December 19, 1983, as Instrument No. 83-461580. Amendment to the Declaration of Covenants, Conditions and Restrictions for the Chestnut Plaza Office Condominiums recorded on January 10, 1984 in Instrument No. 84-009885. 9. Terms and conditions of Memorandum of Building Option and Lease Agreement dated February 15, 1994, by and between David Kaplan and US West Cellular of California, Inc., a Texas corporation recorded on May 26, 1994 in Instrument No. 1994-0346248. Assignment of Leases/Easements assigned to GTE Mobilnet Incorporated, a Delaware corporation an undivided Nine and eleven one-hundredths percent (9.11 %) interest, GTE Mobilnet of Oregon Limited Partnership, a Delaware limited partnership an undivided Fifty-one and eight one-hundredths percent (51.08%) interest, GTE Mobilnet of Northwest Oregon Limited Partnership, a Delaware limited partnership an undivided Four and seventy-four one-hundredths percent (4.74%) interest and Contel Cellular Inc., a Delaware corporation an undivided Thirty-five and seven one-hundredths percent (35.07%) interest dated July 1, 1995 and recorded on September 6, 1995 in Instrument No. 1995-0395776. 10. Terms and conditions of Memorandum of Option and Lease Agreement dated February 3, 1994, by and between Chestnut Plaza Owner's Association, a California non-profit corporation and U S West Cellular of California, Inc., a Texas corporation recorded on May 26, 1994 in Instrument No. 1994-0346249. Assignment of Leases/Easements assigned to GTE Mobilnet Incorporated, a Delaware corporation an undivided Nine and eleven one-hundredths percent (9.11 %) interest, GTE Mobilnet of Oregon Limited Partnership, a Delaware limited partnership an undivided Fifty-one and eight one-hundredths percent (51.08%) interest, GTE Mobilnet of Northwest Oregon Limited Partnership, a Delaware limited partnership an undivided Four and seventy-four one-hundredths percent (4.74%) interest and Contel Cellular Inc., a Delaware corporation an undivided Thirty-five and seven one-hundredths percent (35.07%) interest dated July 1, 1995 and recorded on September 6, 1995 in Instrument No. 1995-0395777. 11. Terms and conditions of Memorandum of Lease Agreement dated July 28, 1996, by and between Chestnut Plaza Owners Association, a California nonprofit mutual benefit corporation and Cox California PCS, Inc., a Delaware corporation recorded on November 7, 1996 in Instrument No. 1996-0564101. FIDELITY NATIONAL TITLE INSURANCE COMPANY ~SJ;r :id 1 > Authorized Signature Title Report -Deed Addendum COMD1078.doc I Updated: 03.05.19 - END OF REPORT Page 2 Printed: 06.24.21 @ 12:08 PM by VA-FT-FXHG-03000.916135-34753799 EXHIBIT "A" Legal Description Property located in San Diego County, California A condominium comprised of: Parcel "A": An undivided 490.00/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, February 24, 1983. Excepting therefrom elements 1 through 499 inclusive as shown on the Condominium Plan of Chestnut Plaza Office Condominiums, recorded December 19, 1983 as File No. 83-461579 and amended by document recorded January 10, 1984 as File No. 84-009884, of Official Records. Also excepting therefrom the exclusive right to possession of all those areas designated as restricted common area as shown upon the condominium plan above referred to. Parcel "B": The units consisting of elements 429 through 434, 451 through 462, and 467 through 472, as shown upon the condominium plan referred to in Parcel A above. Parcel "C": Exclusive right to possession and occupancy of those portions of Parcel 1 of Parcel Map 12574 described above, designated as restricted common area as appurtenant to Parcels "A" and "B" above described. AND BEING the same property conveyed to Markos Voulgaris and Melpo Voulgaris, Trustee(s) of the Markos and Melpo Voulgaris Family Trust, dated May 31, 2001 from Paul Kaplan and Roberta Kaplan Trustees of that certain Declaration of Trust dated July 25, 1988 by Grant Deed dated June 16, 2004 and recorded June 25, 2004 in Instrument No. 2004-0595332. Tax Parcel No. 205-190-25-12 Tide Report -Deed Addendum COMD1078.doc / Updated: 03.05.19 Page 3 Printed: 06.24.21 @ 12:08 PM by VA-FT-FXHG-03000.916135-34753799 DEED CHAIN A. Type of Deed: Grant Deed B. C. D. E. F. From: Paul N. Kaplan and Roberta M. Kaplan To: Paul Kaplan and Roberta Kaplan, Trustees of that certain Declaration of Trust dated July 25, 1988 Dated: July 25, 1988 Recorded on: August 2, 1988 Recorded in: Instrument No. 88-378492 Type of Deed: From: 25, 1988 To: Dated: Recorded on: Recorded in: Type of Deed: From: To: Dated: Recorded on: Recorded in: Type of Deed: From: To: 25, 1988 Dated: Recorded on: Recorded in: Type of Deed: From: To: Dated: Recorded on: Recorded in: Type of Deed: From: To: 25, 1988 Dated: Recorded on: Recorded in: Grant Deed Paul Kaplan and Roberta Kaplan, Trustees of that certain Declaration of Trust dated July David Kaplan December 29, 1989 January 5, 1990 Instrument No. 90-009285 Grant Deed David Kaplan Paul Kaplan and Roberta Kaplan, as to an undivided one-half (1 /2) interest December 30, 1997 January 9, 1998 Instrument No. 1998-0011631 Trust Transfer Deed Paul Kaplan and Roberta Kaplan Paul Kaplan and Roberta Kaplan, Trustees of that certain Declaration of Trust dated July January 6, 1998 January 14, 1998 Instrument No. 1998-0018295 Grant Deed David Kaplan Paul Kaplan and Robert Kaplan, as to an undivided one-half (1/2) interest January 6, 1998 January 14, 1998 Instrument No. 1998-0018296 Quitclaim Deed Paul Kaplan and Roberta Kaplan Paul Kaplan and Roberta Kaplan, Trustees of that certain Declaration of Trust dated July September 18, 2003 September 26, 2003 Instrument No. 2003-1190487 G. Type of Deed: Grant Deed From: Paul Kaplan and Roberta Kaplan Trustees of that certain Declaration of Trust dated July 25, 1988 To: Markos Voulgaris and Melpo Voulgaris, Trustee(s) of the Markos and Melpo Voulgaris Family Trust, dated May 31 , 2001 Dated: June 16, 2004 Recorded on: June 25, 2004 Recorded in: Instrument No. 2004-0595332 Title Report• Deed Addendum COMD1078.doc I Updated: 03.05.19 Page4 Printed: 06.24.21 @ 12:08 PM by VA-FT·FXHG-03000.916135-34753799 LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. YOU RECOGNIZE THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, YOU UNDERSTAND THAT THE COMPANY WAS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT BUT FOR YOUR AGREEMENT THAT THE COMPANY'S LIABILITY IS STRICTLY LIMITED. YOU AGREE THAT MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR ENCUMBRANCE AS DEFINED IN THE CUSTOMER AGREEMENT OR APPLICATION ARE OUTSIDE THE SCOPE OF THE REPORT. YOU AGREE, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL NOT EXCEED THE COMPANY'S TOTAL FEE FOR THIS REPORT. YOU AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE YOU ARE PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO YOU WITHOUT SAID TERM. YOU RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT, BUT FOR YOUR AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT. THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING AS AN ABSTRACTOR OF TITLE. THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THIS REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORTS ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE REPORT, ASSUMES NO DUTIES TO YOU, DOES NOT INTEND FOR YOU TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR OTHERWISE. IF YOU DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND YOU DESIRE THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, YOU MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU HAVE AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCTS OR SERVICES PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. THESE LIMITATIONS WILL SURVIVE THE CONTRACT. Title Report -Deed Addendum COMD1078.doc I Updated: 03.05.19 Page 5 Printed: 06.24.21@ 12:08 PM by VA-FT-FXHG-03000.916135-34753799 .Fidelity National Title· 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Phone: (866)552-0129 Emal: 1m1-commercial@fnf.com ADDITIONAL INFORMATION THIS INFORMATION IS PROVIDED AS A CONVENIENCE AND COURTESY AND IS NOT CONSIDERED TO BE PART OF THE TITLE PRODUCT. The following real estate tax lnfonnatlon deemed rellable and Is provided for lnfonnatlonal purposes only. Real Estate Tax Type: County Taxes are Paid: Semi-Annual Due Date(s): November 1st, February 1st Tax Authority Name: San Diego County Treasurer-Tax Collector Phone: 877-829-4732 Additional notes regarding taxes, documents and/or special recordation requirements: ·First page of all documents must meet formatting requirements. If not, coversheet must be attached to avoid rejection. PIN # must be included on all documents. ·Preliminary Change of Ownership form must be completed and signed by both parties if property is being transferred (deeds, leases, easements, etc.). ·Transfer Tax Statement is required on all conveyance documents. Title Report -Deed Addendum COMD1078.doc / Updated: 03.05.19 Page6 Printed: 06.24.21 0 12:08 PM by VA-FT-FXHG-03000.916135-34753799 3991 Exhibit A A CONDOMINIUM COMPRJSED OF: PARCEL "A": AN UNDIVIDED 490.00/13,738 INTEREST IN AND TO PARCEL I OF PARCEL MAP NO. 12574, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FlLED IN THE OFFTCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 24, 1983. EXCEPTING THEREFROM ELEMENTS 1 THROUGH 499 INCLUSIVE AS SHOWN ON THE CONDOMINIUM PLAN OF CHESTNUT PLAZA OFFICE CONDOMINIUMS, RECORDED DECEMBER 19, 1983 AS FILE NO. 83-461579 AND AMENDED BY DOCUMENT RECORDED JANUARY 10, 1984 AS FILE NO. 84-009884, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS RESTRICTED COMMON AREA AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL "B": THE UNITS CONSISTING OF ELEMENTS 429 THROUGH 434, 451 THROUGH 462, AND 467 THROUGH 472, AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO IN PARCEL A ABOVE. PARCEL"C": EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP 12574 DESCRIBED ABOVE, DESIGNATED AS RESTRICTED COMMON AREA AS APPURTENANT TO PARCELS "A" AND "B" ABOVE DESCRIBED. ---,--,,,.,.........~- EXHIBIT A Page 1 of 3 SDGCARLSBAD-4A PARCEL 1 OF PARCEL MAP NO. 12574, IN TIIE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP rnEREOF, Fll..ED IN 11iE OFFICE OF THE COUNTY RECORDER.., OF SAID COUNTY FEBRUARY 24, 1983. BEING A SUBDMSION OF A PORTION OF LOT 13 IN BLOCK "C• OF ALLES AVOCADO ACRES ACCORDING TO MAP THEREOF NO. 2027. 227 EXHIBIT "A" Legal Description for 1015 Chestnut Avenue, Suite D3 Carlsbad, California A Condominium composed of: PARCEL "A": An undivided 490.00/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof, filed in the office of the County Recorder of San Diego County, February 24, 1983. EXCEPTING THEREFROM: (a) Elements l to 499 inclusive as shown upon the Condominium Plan of CHESTNUT PLAZA OFFICE CONDOMINIUMS, recorded December 19, 1983 as File/Page No. 83-461579 in Book 1983 of Official Records of said County and amended by an Amendment to Condominium Plan recorded January 10, 1984 as File/Page No. 84-009884 in Book 1984 of Official Records of said County. (b) The exclusive right to possession of all those areas designated as restricted common areas as shown upon the Condominium Plan above referred to. PARCEL 11B11 : The Unit consisting of Elements 429 thru 434, 451 thru 462 and 467 thru 472 as shown upon the Condominium Plan referred to in Parcel A above. PARCEL "C": The exclusive right to possession and occupancy of those portions of Parcel 1 of Parcel Map 12574 described in Parcel 11A11 above, designated as restricted common area as appurtenant to Parcels 11A11 and 11B" above described. ---------------------------■------------------ 1027 EXHIBIT "A" Legal Description for 1015 Chestnut Avenue, Suite D3 Carlsbad, California A Condominium composed of: PARCEL "A": An undivided 490.00/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carl sbad, County of San Diego, State of California, according to Map thereof, filed in the office of the County Recorder of San Diego County, February 24, 1983. EXCEPTING THEREFROM : (a) Elements 1 to 499 inclusive as shown upon the condominium Plan of CHESTNUT PLAZA OFFICE CONDOMINIUMS, recorded December 19, 1983 as File/Page No. 83-461579 in Book 1983 of Official Records of said County and amended by an Amendment to Condominium Plan recorded January 10, 1984 as File/Page No. 84-009884 i n Book 1984 of Official Records of said County. (b) The exclusive right to possession of all those areas designated as restricted common areas as shown upon the Condominium Plan above referred to. PARCEL 11B11 ~ The Unit consisti ng of Elements 429 thru 434, 451 thru 462 and 467 thru 472 as shown upon the Condominium Plan referred to in Parcel A above. eARCEL "C": The exclusive right to possession and occupancy of t hose portions of Parcel 1 of Parcel Map 12574 described in Parcel "A" above, desi gnated as restricted common area as appurtenant to Parcels "A" and 11B11 above described. ---------------------------------------------- 1029 EXHIBIT "A" Legal Description for 1015 Chestnut Avenue, Suite D3 Carlsbad, California A Condominium composed of: PARCEL 11A11 : An undivided 490.00/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof, filed in the office of the County Recorder of San Diego County, February 24, 1983 . EXCEPTING THEREFROM: (a) Elements 1 to 499 inclusive as shown upon the Condominium Plan of CHESTNUT PIAZA OFFICE CONDOMINIUMS, recorded December 19, 1983 as File/Page No . 83-461579 in Book 1983 of official Records of said County and amended by an Amendment to Condominium Plan recorded January 10, 1984 as File/Page No. 84-009884 in Book 1984 of Official Records of said County. (b) The exclusive right to possession of all those areas designated as restricted common areas as shown upon the Condominium Plan above referred to. PARCEL "B": The Unit consisting of Elements 429 thru 434, 451 thru 462 and 467 thru 472 as shown upon the Condominium Plan referred to in Parcel A above. PARCEL "C": The exclusive right to possession and occupancy of those portions of Parcel l of Parcel Map 12574 described in Parcel 11A11 above, designated as restricted common area as appurtenant to Parcels "A" and "B" above described. ----------------------------