The URL can be used to link to this page

Home My WebLink AboutCDP 2024-0022; AVIARA EAST MONUMENT SIGN; Coastal Development Permit (CDP)D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe project: Ai>1>,n~ b'F A + l-\\l.1\-\---7' r} ~ti ...-<.0 JJ~H~~ S\~ -i-t:> P-r~ .e,..\%~§f: \--\..,,.:\\Ffs:t:A,""( Ar:tse~M~M\:: ~~CC F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: \Jp,~ lA-~9 South: ApM.,.,-,-.t..~M5 / LA~\...~~ \N:J6: ('?u'3-\.\c >t""~J East: CD~~L ( -z+::: i½-fttJJ€??) West:· ~ A"~ SA;r-\A,JA.:( ('°'v~\.\C:... ?W??l?=:t::::) / Ar~t-1.'eMQ \JH'y'.&~ ~ lo,-.lS~ cno~ G. Is project located within a 100-year flood plain? D Yes L.:J NO • II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ~s D No If yes, please describe. 10-o,.i ft"' Jo..v~~ \::.u,,\..,\~~ , ~ ~c:,..:~.sr,u.)~"''-oN . B. Will any existing structure be removed/demolished? D Yes ~ If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). • Ill. LOT COVERAGE A. Existing and Proposed Existing Proposed Total Building Coverage sq. ft. sq. ft. sq. ft. % Landscaped Area sq. ft. sq. ft. sq. ft. % Hardscape Area sq. ft. sq. ft. sq. ft. % Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. % 0 N-o c.~A:~~~ -t,::. ~1-~u:.~ ~ v Kq...)Vf-(€,~ f\6-t' ;...;P'?~ \t-,) LA:~9".!tCA?B~ ~fl.EA.. . P-6 Page 2of7 Revised 3/22 . . ~ Disclosure Statement.-• • • • • • ~Y Two (2) copies of the Preliminary Title Report (current within the last six (6) months). L::::IG, . Completed "Project Description/Explanation" sheet. ~ Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34 ). This form can be found on the City's website. (Distribute copy to Land Development Engineering). D1. If, when completing the Storm Water Standards Questionnaire, the project is subject to ~/"°' "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. OJ. If, when completing the Storm Water Standards Questionnaire, the project is defined as a ~/ k "Priority Development Project," submit a preliminary Storm Water Quality Management Plan / (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad ~--__..,-Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). Bf{. Property Owner's List and Addressed Labels: Minor Coastal Development Permit-required with application submittal 1. A typewritten list of the names and addresses of all property owners within a 100' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject property, all occupants within a 100' radius and the applicable HOA/POA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 100' Radius Map: A map to scale not less than 1"=200' showing each lot within 100' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of7 Revised 3/22 . . Coastal Development Permit -Single-Family Residence/Appealable Area • When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT} no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Cartsbad,CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS; JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 3/22 PARTC. Project Team Information (complete all applicable fields} Applicant: ~ame as Owner □ Different from Owner Name (if different from Owner): _______________________ _ Company or Firm: ____________________________ _ Phone Number: ___________ Email: _______________ _ Contact Address: __________ City: _____ State: __ Zip Code: ___ _ Agent or Representative: □ Same as Applicant □ Different from Applicant ON/A Name (if different from Applicant): ______________________ _ Company or Firm: ____________________________ _ PhoneNumber: ___________ Email: _______________ _ Contact Address: __________ City: _____ State: __ Zip Code: ___ _ Other (specify Architect, Engineer, CEQA Consultant, etc.): ______________ _ Name: _______________________________ _ Company or Firm: ____________________________ _ Phone Number: ___________ Email: _______________ _ ContactAddress: __________ City: _____ State: __ ZipCode: ___ _ NOTE: A letter of Authorization (LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact'' Designation A single "point of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and receiving application materials, information, reports, etc. The point of contact is to be the single individual elected on the land Use Review Application form for all communications and to remain as the primary contact for all status updates rf!_/ating to the land Use Review Application. Single Point of Contact: □ Applicant 'l&.eroperty Owner □ Agent □ Other _______ _ Page3 of6 P-1(A) Form Rev412024 PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? □ Yes ~o 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.a 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 time lines. 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 Page4of6 P-1 (A) Form Rev 4/2024 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 all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere 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 staff 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. Pages ofG P-1(A) Fonn Rev4/2024 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 ,h~in. ApplicantSlgnature: 1~ otl IWJl,l.-y--<F: /4-v,.....,._ IZ...r:Jk,>1,¼ I.,)" Name: t:kff-v-htA. M-S Date: e-J,~/~ Av I lf-ti..A-£ft-ff" J.{c;v.s I ,-l ~ L,f ( ' This form must be stapled/attached to the appllcation and shall be effective until replaced or revoked in writing. Page 6 of6 P-1(A) Fonn Rev4/2024 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-l(C). 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-1{E) and Form P-1{FJ. 8. Any existing residential use on the site (units or structures)? NOTE: If "yes, 0 you must complete Form P-38. 9. The project require a Density Bonus Approval. NOTE: If 0yes, 0 you must complete Forms P-l(HJ. Yes □ □ □ □ □ □ □ ~ □ No JlJ. ~ ~ ~ □ ~r,n,Jt, /l:v1J4.t-k-EA,~ lrf1o1-g:.c.~,J ,-- ~ p~~ Page3 of4 P-l(B) Fonn Rev 4/2024 10. The project site located within the Coastal Zone. NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7. a. If "yes," does any portion of the property contain wetlands, as defined in Title D 14 of the california Code of Regulations§ 13577. b. If "yes," does any portion of the property contain environmentally sensitive D habitat areas, as defined in Public Resources Code § 30240. NOTE: 1rryes," you may need to complete Form P-17 or Form P-18. c. If "yes," does any portion of the property contain a tsunami run-up zone or D mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along D the coast. 11. The project impacts a stream or other resource that may be subject to a D stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish and Game Code § 1600. □ 12. Any portion of the property is subject to any recorded public easement, such _gJ.. D as easements for storm drains, water lines, and other public rights of way. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. Name: _...,.d!ee""""'""-..... E....-W ...... , ..... w_~......,...<-=-1--• .,_~=A.Nrc:------~==---1:b---=u ..... SJ.._tl~,=--kr_.._ __ _ Signature: ___ ,'2:/.Jr..J......¥.10~~~,~__,-;·~======------. ---- This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page4of4 P-l(B) Form Rev 412024 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 s.ection: ____________________ _ 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 typically complete its initial environmental study thirty days after an application is determined complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the timeframe is extended. Page 2 of 5 DRAFT P-1 (D) Fonn Rev 6/2023 CV PART B. Property and Project Screening Information (If Applicable) This section is to be completed only if further environmental review and documentation is required (such as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your Land Use Review Application is complete, the City Planner will request the preparation of an Initial Study, which will rely, in part, on the information provided in this form. 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 filed which will be reviewed and considered. It is important to note that the details of the request must be carefully evaluated and Planning staff's recommendation or decision for environmental review may change. NOTE: If you 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: a. Existing land uses/ structures: _____________________ _ b. Topography/ slope: ________________________ _ c. Vegetation: ___________________________ _ d. Wildlife: __________________________ _ e. Surface waters: __________________________ _ f. Cultural / historical resources: _____________________ _ g. Other: _____________________________ _ 2. Describe each item as it relates to the SURROUNDING AREA: a. Existing land uses/ structures: _____________________ _ b. Topography/ slope: ________________________ _ c. Vegetation: ___________________________ _ d. Wildlife: ___________________________ _ e. Surface waters: __________________________ _ f. Cultural/ historical resources: _____________________ _ g. Other: ____________________________ _ Page 3 of 5 DRAFT P-l(D) Fonn Rev 6/2023 ' . 3. Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. 4. What steps can be taken to mitigate any adverse effects that may result from this project? List the adverse effect first, then the mitigation measure(s) to reduce that effect. Are the following items applicable to the project or its effects? Discuss all items checked "yes" (attach additional sheets as necessary). 5. 6. 7. 8. 9. 10. 10. 11. 12. 13. 14. 15. Yes No Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ □ alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or □ □ roads. Change in pattern, scale or character of general area of project. □ □ Significant amounts of solid waste or litter. □ □ Change in dust, ash, smoke, fumes or odors in vicinity. □ □ Change in ocean, bay, lake, stream or ground water quality or quantity, or □ □ alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. □ □ Site on filled land or on slope of 10 percent or more. □ □ Use of disposal of potentially hazardous materials, such as toxic substances, □ □ flammables or explosives. Substantial change in demand for municipal services (police, fire, water, sewage, □ □ etc.). Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ □ Relationship to a larger project or series of projects of the same type in the same □ □ general area. Page 4 of 5 DRAFT P-l(D) Form 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 □ □ Special Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered Species Act (16 U.S.C. §§ et. seq.); or sensitive, rare, candidate species of special concern; endangered or threatened biological specials or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or the site is immediately adjacent to a corridor or larger area which has wildlife movement. 18. Site has known archaeological or cultural resources from either historic or □ □ prehistoric periods. 19. Site has buildings or structures, including houses, garages, barns, commercial □ □ structures, etc. with extant architecture that are usually more than 45 years old. NOTE: The city requires completion of this form for informational purposes. An affirmative response to any of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form to help expedite the city's environmental review but IS NOT required to complete your application. Formal environmental review does not begin the Land Use Review Application is determined to be complete. This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 5 of 5 DRAFT P-l(D) Fonn Rev 6/2023 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 3of3 P-1(J) Form Rev 7/2023 City of Carlsbad Climate Actio m Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No If "Ye~', proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCO2e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO2e/year screening threshold. If "Yer', proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 8 Revised 06/22 City of Carlsbad Climate Actio ..... m Consistency Checklist --$P:Y'e. 1$' STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS \N~~A Completion of this checklist will document a project's compliance with CAP ordinances, and ~tu':~~tfal~N • consistency with the applicable measures and actions of the CAP. The co liance requirements in this Step 2 apply to development projects that require a building permit. All other deve t ro ·ects shall im le emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address : I Contact Phone: ( q~) 2-,'3,tl -Gl-Z..'Z--r Contact Email: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. D D Electrical service panel upgrade D BPV ~ $200,000 BPV <!: $1,000,000 D New construction P-30 lA and 4A 2B Page 3 of 8 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Multi-family dwellings only where :2:$1,000,000 BPV AND affecting ~75% existing floor area Revised 06/22 City of Carlsbad Climate Actio .... 3n Consistency Checklist D Alterations: D BPV ~ $200,000 or additions ~ 18,5 1,000 square feet D BPV ~ $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area D ~ 2,000 sq. ft. new roof addition 28 and 5 18 also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section. A. 0 Residential addition or alteration 2! $60,000 building permit valuation. See Ord. cs-437. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. 0 Nonresidential• new construction or alterations 2! $200,000 building permit valuation, or additions 2! 1,000 square feet. See CALGreen Appendix AS, as amended in cs-437. A5.203.l.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 D Restaurant service water heating {comply with California Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.1. ** □ On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators □ N/A ________ _ □ Exception: Home energy score 2! 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing Select one: □ Cool roof □ Lighting package □ Water heating package □ N/A _________ _ □ N/A □ N/A □ N/A □ N/A □ N/A □ N/A P-30 Page 4 of 8 Revised 06/22 City of Carlsbad Climate Actic .... m Consistency Checklist AS.213.1 □ Steel framing □ N/A * Includes hotels/motels and high-rise residential buildings n For alterations~ $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. D Residential new construction. Refer to carlsbad Ordinance No. CS-437 for requirements, which amends Section 150.l(c) of the CEC for single-family residential; and Section 170.2(d) of the CEC for multi-family requirements. Note: if project includes installation of an electric heat pump water heater pursuant to cartsbad ordinance CS-447, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ~$1,000,000 BPV and affecting 2!:75% existing floor area, or addition that increases roof area by 2!:2,000 square feet. Please refer to Carlsbad Ordinance CS-437 when completing this section.* Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If 2!: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) •• **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:••• x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. * New CEC standards also require battery storage systems meeting the requirements if Reference Joint Appendix JA12 of the CEC. P-30 Page 5 of 8 Revised 06/22 City of Carlsbad Climate Actic an Consistency Checklist A. 0 Residential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. D Gas or propane system with a solar water heating system and recirculation system D Exception: D For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: D Recirculation system D Solar water heating system that is either: D .20 solar savings fraction D .15 solar savings fraction, plus drain water heat recovery □ Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 D Recovered energy Revised 06/22 City of Carlsbad Climate Actic an Consistency Checklist A. D Residential -New construction and major alterations* Please refer to Carlsbad Ordinance CS-437 when completing this section. D One and two-family residential dwelling alterations with no electrical panel upgrade {No EV space required) D ADU (no EV space required when no additional parking facilities are added) D One and two-family resi dential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential· D Exception • Total Parking Spaces EVSE Spaces Proposed for New Capable Ready Construction (10% of proposed) (2S% of proposed) Total Proposed or Altered Capable --- Spaces (Major (10% of proposed) Alterations)** Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") Installed Total (5% of proposed) --Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation 2: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation 2: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. **When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B D Nonresidential new construction (includes hotels/motels) D Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces (Capable) Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 4 1 D 26-50 8 2 D 51-75 13 3 D 76-100 17 5 D 101-150 25 6 D 151-200 35 9 D 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/22 City of Carlsbad Climate Acti1 Ian Consistency Checklist A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No D LOE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/22 .. ' ('city of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE CITYo::- Development Services L ~d Deve opment Engineering 1635 Faraday Avenue E-34 I INSTRUCTIONS: JUN 1 3 2024 442-339-2750 www.carlsbadca.gov 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, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire will also determine if the project is subject to TRASH CAPTURE 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 concurrentlv. PROJECT INFORMATION PROJECT NAME: A \J \ /;-.~A E~ -""-~"11.~ ~ \ '{~ APN: ADDRESS: \ 3~0 \..,A~ \ ~~ l-AN~ ~'n:. "P' ~)-Z--010-76-oo The project is (check one): B'New Development I;,:µ..,\ I D Redev opment The total proposed disturbed area is: -\S"'tt2 ( 'D • ,x,o~) acres The total proposed newly created and/or replaced impervious area is: ,s-ft2 ( O ·COO>) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E-34 Page 1 of 4 REV 04/23 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 re pair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Al;,\>, i-1<21\ "" MO,..v~t"'\ S'4-t-l "'T'O ,t,.rJ €.>)C\>"\lNGt-t'\\) \...,\f''"·fv'\\'---r /t.tA.fL.~ ~. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trai ls 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 guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 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 REV 04/23 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ □ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ □ impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ □ facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or Qreater. 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 transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ □ Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 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, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 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. E-34 Page 3 of 4 REV 04/23 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, complete the trash capture question. If you answered "no," the structural BM P'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-B (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 step 6, check the second or third box as determined in step 3. STEP6 CHECK THE APPROPRIATE BOX(ES) AND COMPLETE APPLICANT INFORMATION 0 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 (SWQMP). 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 to 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-35 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. ~ project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: ~ ff v-hlN\I',.)-'\$ Applicant Title: '\>\ Ile e-fZ>"-or ~~ ~ So ... -'-' -,,- ~~-c...r.. Applicant Signature: Date: ~lzs}~ lJ r {I E-34 Page 4 of 4 REV04/23 , I '' : I 1'1 I 'i . I i ! ,;I j i ',' I' 1.! ,i·i I. '' ii) : i .i: ., I ·II· 'i 1'i ',' :!! i I: /• ,, OLD REPUBLIC 555 12th Street, Suite 2000 Oakland, CA 94607 TITLE COMPANY (510) 212-1121 Fe!dY1~1?~1~~4Cs □.':.CJ PRELIMINARY REPORT UPDATE JUN 1 3 202! PLANNING DIVISION BRIDGE HOUSING 4142 Adams Ave, Suite 103-627 San Diego, CA 92116 Our Order Number 1117026372-JM Attention: JEFF WILLIAMS Property Address: 1380 Laurel Tree Lane, Carlsbad, CA 92011 When Replying Please Contact: Julie Massey JMassey@ortc.com (510) 272-1121 In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY, as issuing Agent of Old Republic National Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit I attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner's Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit I. Copies of the Policy forms should be read. They are available from the office which issued this report . Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of April 30, 2024, at 7:30 AM OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to, See Attached Page 1 of 12 Pages 'I I '1============================================================================================-1 I (j L.;. ORT 11 ~R-A IRPv. 08/07/08) : ::·- OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Owner's Policy of 77tle Insurance -2022; AND ALTA Loan Policy of Title Insurance -2021. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred or covered by this Report is: Fee Title to said estate or interest at the date hereof is vested in: Aviara East Housing LP, a California limited partnership The land referred to in this Report is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lot 4, as shown on the Map No 16521 entitled,"City of Carlsbad Tract No. 2018-0002," filed August 9, 2022, in the Office of the County Recorder of San Diego County as File No. 2022-7000374 APN 212-070-76-00 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments, general and special, for the fiscal year 2024 -2025, a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2023 -2024, as follows: Assessor's Parcel No Code No. 1st Installment 2nd Installment Land Value 212-040-76-00 09018 $27,511.74 $27,511.74 $5,100,000.00 Marked Paid Marked Paid 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. Page 2 of 12 Pages ORT ,1~8-R .: I, ,! '' I, . ,1! : .. ,I;• ,I:.' ,l, ,·, 4. 5. 6. 7. ORT 11SR-R ----=============::::::;, OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To For Recorded Affects San Diego Gas & Electric Company Aerial and underground public utilities August 14, 1957 in Book 6706 of Official Records, Page 514 A portion of said land as more particularly described in said document. Terms and provisions as contained in an instrument, Entitled Executed By Recorded Certified Copy of Resolution No. 97-528, Overruling and Denying Protests and Establishing Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to Finance the Costs of Major Public Improvements in said City City of Carlsbad and current owner July 22, 1997 in Official Records as Instrument Number 1997- 0349124 Reference is hereby made to said document for full particulars. Terms and provisions as contained in an instrument, Entitled Executed By Recorded Affordable Housing Agreement Imposing Restrictions on Real Property City of Carlsbad, a municipal corporation and SHAC SC Laurel Tree LLC March 14, 2022 in Official Records as Instrument Number 2022- 0112337 Partial Assignment, pertaining to said Affordable Housing Agreement. Recorded November 22, 2022 in Official Records as Instrument Number 2022- 0446716 Terms and provisions as contained in an instrument, Entitled Executed By Recorded Notice and Waiver Concerning Aircraft Environmental Impacts Aviara LP, a Delaware limited partnership and City of Carlsbad May 4, 2022 in Official Records as Instrument Number 2022-0193862 8. Agreement for Executed By and Between Consent and Covenant OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE Aviara LP, a Delaware limited partnership San Diego Gas and Electic Company, a California corporation On the terms, covenants and conditions contained therein, Recorded June 2, 2022 in Official Records as Instrument Number 2022- 0234259 9. A Notice as follows: Entitled By Recorded Notice of Restriction on Property Aviara LP, a Delaware limited partnership July 13, 2022 in Official Records as Instrument Number 2022- 0288043 10. Recitals as shown on that certain Map No. 16521 Recorded August 9, 2022, Instrument No. 2022-7000374 of Official Records Which among other things recites: Various matters thereon Reference is hereby made to said document for full particulars. 11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the map filed on August 9, 2022 in Official Records as Instrument Number 2022-7000374 12. For Affects Waterline to Carlsbad Municipal Water District a portion of the premises Terms and provisions as contained in an instrument, Entitled Executed By Recorded Hold Harmless Agreement Drainage Aviara LP, a Delaware limited partnership and the City of Carlsbad August 10, 2022 in Official Records as Instrument Number 2022- 324469 And dated October 31, 2022, recorded November 17, 2022 in Official Records as Instrument Number 2022-0440855. I ,1 'i ' I I Page 4 of 12 Pages \ i,l L===========================================.I : 'I ;:i ;•! ORT'l1~R-R OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE Terms and provisions as contained in an instrument, Entitled Executed By Recorded Permanent Stormwater Quality Best Management Practive Maintenance Agreement Aviara LP, a Delaware limited partnership and the City of Carlsbad August 10, 2022 in Official Records as Instrument Number 2022- 324470 And dated October 31, 2022, recorded November 17, 2022 in Official Records as Instrument Number 2022-0440856. Terms and provisions as contained in an instrument, Entitled Executed By Recorded Hold Harmless Agreement Geological Failure Aviara LP, a Delaware limited partnership and the City of Carlsbad August 10, 2022 in Official Records as Instrument Number 2022- 324471 And dated October 31, 2022, recorded November 17, 2022 in Official Records as Instrument Number 2022-0440854. Any rights, easements, interests or claims which may exist or arise by reason of or reflected by the facts shown on the plat of a survey made by Hunsaker & Associates, on November 15, 2022, designated Job No. 3722-0001, as follows: A) Overhead Utility line and pole crosses property and onto land adjacent to northwest corner B) Fences do not track property lines Subordinated Deed of Trust Amount Borrower Trustee Beneficiary Dated Recorded $3,100,000.00 Aviara East Housing LP, a California limited partnership Old Republic Title Company Aviara LP, a Delaware limited partnership November 1, 2022 November 15, 2022, Instrument No. 2022-0437603 (Master Developer Loan) j/' 17. ORT"l1'iR-R OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022- 0446724 was made subordinate to the U.S. Bank Deed of Trust referred to herein as Instrument No. 2022-446720. NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022-0446728 was made subordinate to the Regulatory Agreement referred to herein as 2022- 0446718 and the Deed of Trust referred to herein as Instrument No. 2022-0446722. (MD to City) NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022- 0446727 was made subordinate to the Restrictive Covenants and Regulatory Agreement referred to herein as 2022-0446719 and the Deed of Trust referred to herein as Instrument No. 2022- 446723. (MD to County) Terms and provisions as contained in an instrument, Entitled Executed By Dated Recorded (Bond Reg Agreement) Regulatory Agreement and Declaration of Restrictive Covenants Aviara East Housing LP, a California limited partnership and California Municipal Finance Authority November 1, 2022 November 22, 2022 in Official Records as Instrument Number 2022- 0446717 =============n1 .· , l :, OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE Terms and provisions as contained in an instrument, Entitled E~ecuted By Dated Recorded Regulatory Agreement Aviara East Housing LP, a California limited partnership and the City of Carlsbad November 15, 2022 November 22, 2022 in Official Records as Instrument Number 2022- 0446718 1 (City Reg Agreement) I. '', ORT ,isR-R As affected by the Subordination Agreement recorded November 22, 2022, Instrument Number 2022-0446725. (City/ Bond Sub) Terms and provisions as contained in an instrument, J:ntitled Executed By Dated Recorded Memorandum of Restrictive Covenants and Regulatory Agreement Aviara East Housing LP, a California limited partnership and the County of San Diego, Health and Human Services November 1, 2022 November 22, 2022 in Official Records as Instrument Number 2022- 0446719 (County Reg Agreement) As affected by the Subordination Agreement recorded November 22, 2022, Instrument Number 2022-0446726. (County/ Bond Sub) Construction Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Borrower Trustee Beneficiary bated Recorded (Wells Construction) $23,846,655.00 Aviara East Housing LP, a California limited partnership TRSTE, Inc., a Virginia corporation California Municipal Finance Authority and its successor and assigns November 1, 2022 November 22, 2022, Instrument No. 2022-0446720 Page 7 of 12 Pages I ; ; 'J 1: I . ' ! ,, !i ii I, 'I OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE Assignment of Deed of Trust and Loan Documents From To Recorded California Municipal Finance Authority Wells Fargo Bank, National Association ("Funding Lender'') and U.S. Bank Trust Company, National Association, as Fiscal Agent November 22, 2022, Instrument No. 2022-0446721 21. Deed of Trust Amount Borrower Trustee Beneficiary Dated Recorded $3,100,000.00 Aviara East Housing LP, a California limited partnership Old Republic Title Company City of Carlsbad November 15, 2022 November 22, 2022, Instrument No. 2022-0446722 ORT 11 ,R-R (City DT) NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022- 0446725 was made subordinate to the U.S. Bank Deed of Trust referred to herein as Instrument No. 2022-0446720. (City to US Bank) NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022-0446729 was made subordinate to the Regulatory Agreement referred to herein as Instrument No. 2022-446719. (City Dt to County Reg) Page 8 of 12 Pages ,!1,:1 ;;:, :, J', : r.=====:;::=======~ '' :''; • I' l; ' . ' ' I ' OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE 1 . Deed of Trust with Assignment of Rents '. 1., I 1:, '.; ! '1 _;, I :: I ' I • '. i i' 1· Amount sbrrower Trustee ' ! ~eneficiary ; Dated Recorded . (County DT) $1,300,000.00 Aviara East Housing LP, a California limited partnership County of San Diego, Health and Human Services Agency, a California public entity County of San Diego, Health and Human Services Agency, a California public entity November 1, 2022 November 22, 2022, Instrument No. 2022-0446723 NOTE: Said Deed of Trust by the provisions of an agreement I ' .. Recorded November 22, 2022 in Official Records as Instrument Number 2022-0446726 was made subordinate to the U.S. Bank Deed of Trust referred to herein as Instrument No. 2022-0446720. • I (County to US Bank) NOTE: Said Deed of Trust by the provisions of an agreement Recorded November 22, 2022 in Official Records as Instrument Number 2022- 0446729 • was made subordinate to the City Regulatory Agreement referred to herein as 2022-0446718 and the Deed of Trust referred to herein as Instrument No. 2022-0446722. (County To City) Agreement for Executed By and Between . ' Hold Harmless (Drainage) Aviara East Housing LP, a California limited partnership City of Carlsbad On the terms, covenants and conditions contained therein, I R~corded I ' Agreement for : Executed By pnd Between ' I January 31, 2023 in Official Records as Instrument Number 2023- 025057 Hold Harmless (Geological Failure) Aviara East Housing LP, a California limited partnership City of Carlsbad On the terms, covenants and conditions contained therein, I Recorded January 31, 2023 in Official Records as Instrument Number 2023- 025058 Page 9 of 12 Pages : . , I I / ,. i • I '1.1; -: i (1 1' '. ' ! ' i ! I: I 25. OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE The requirement that this Company be provided with a suitable Owner's Declaration (form ORT 174). The Company reserves the right to make additional exceptions and/or requirements upon review of the Owner's Declaration. 26. 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 27. A. ORT 'l1~R-R possession of the Land. Any claim of lien for services, labor or material arising from an improvement or work under construction or completed at the date hereof. • --------------------Informational Notes ------------------- The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy: NONE NOTE: Our investigation has been completed and there is located on said land a commercia.I building known as 6145 Laurel Tree Lane, Carlsbad, CA 92011. • The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series Endorsement. Unless shown elsewhere in the body of this report, there appear of record no transfers or agreements to transfer the land described herein within the last three years prior to the date hereof, except as follows: Grant Deed executed by James S. Ukegawa, a married man as his Sole and Separate Property to SHAC SC Laurel Tree LLC, a California limited liability company recorded November 1, 2021 in Official Records as Instrument Number 2021-0759650. Grant Deed executed by SHAC SC Laurel Tree LLC, a California limited liability company to Aviara LP, a Delaware limited partnership recorded November 1, 2021 in Official Records as Instrument Number 2021-0759651. : Page 10 of 12 Pages ' , I i I, : ! ' I: , I i' I I i :,i I I Ii. I ! I ' I 't I l , : , I l 1' : . I ;· i;,'1 '\Ii: I ,, I r f I: : :, i i 'I' I '1 i ,'•! ,,; I: i· 1 ! ! '' 'i I , : I' , , I ~•i ', I, --========;==;::,=1.=. :;::::::;J OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE Grant Deed executed by Aviara LP, a Delaware limited partnership to Aviara East Housing LP, a California limited partnership recorded November 15, 2022 in Officiai. Records as Instrument Number 2022-0437602. Page 11 of 12 Pages ; ·! I ,, I • I •,1'1 ;· : • I ', t,:. I' i : '' i: _Ii '1 ,, I i•i ir 'I] I) ; 1'" ,I '1 I I' ' ~ : I, l '' i '! ,j I ! '' i' I' '. '' . ) 'I I ·.,:, !, • '1:' ! I [ : Ji!' OLD REPUBLIC TITLE COMPANY ORDER NO. 1117026372-JM UPDATE I i . ' , I" NOTE . . .... ; • • ; • ' i • ;, i;r , , ' ', 1,1 I' 1,1:. The following statement is deemed attached as a coversheet to any declaration, governing documer,( a/dee~'(: identified in the above exceptions: : , 1::, i , i , ~ 'i., I 0 1 ' ' • 1/,' If this document contains any restriction based on age, race, color, religipn, ~~x) :;: '' I : ' • ' I ~ i f I gender, gender identity, gender expression, sexual orientation, familial1 status, i ( • marital status, disability, veteran or military status, genetic information,! ·' • ; ·;:: i • I national origin, source of income as defined in subdivision (p) of Sectiori i12.~55,; i:,:': ' ''' I 1 'I or ancestry, that restriction violates state and federal fair housing laws:~nd js J ?: void, and may be removed pursuant to Section 12956.2 of the Govermtient • ! [{ . . I· ·,,,. Code by submitting a "Restrictive Covenant Modification" form, togeth_e;r wi,~h a( ' copy of the attached document with the unlawful provision redacted to the·: . • ; :',,; I . I , ,,; • county recorder's office. The "Restrictive Covenant Modification" form can, be . ,. obtained from the county recorder's office and ~ay be available on its internet; (' • • • 'i 1 • I'"·· website. The form may also be available from the party that provided ydu With ! ( ' this document. Lawful restrictions under state and federal law on the age of:: . ; \ . occupants in senior housing or housing for older persons shall not be constr~ed: .'::· '• as restrictions based on familial status. ' •. 1:, I ! .!(:,; Information for processing a "Restrictive Covenant Modification" form: I·. ii' 'i ' : :: ;'' ii 1. Print a complete copy of the document in question. Strike out what you believe to be unlawful restrictive •·i • ! 1' 1 ]~ .. language in the document. 1 :. ., : '.II • 2. ' Print and complete the "Restrictive Covenant Modification" ("RCM") form. Note that the signature on. the :fa. rm.,, .. \! .1,1_ must be acknowledged by a notary public or other qualified officer. : . • 1 , ' i • 3. 'Submit the completed RCM form and the document with your strike-outs to the County Clerk-Recor9er's Officei for the county where the property is located. No fee is required for this service. . I 1 , 4. The County Clerk-Recorder's Office will forward the RCM form and the document with your strike-outs to. the ; : 1 . Office of the County Counsel, who will determine whether the document contains any unlawful restri~tiohf : ;: , ;I · s: ' The Office of the County Counsel will return the RCM form and the document with your strike-outs to the • '. , .. : ',: : ii County Clerk-Recorder's Office along with its determination. If approved, a Deputy County Counsel wil,I sign the '• • ·RcM, and the County Clerk-Recorder's Office will record, image and index it. If the Office of the County Co~~sel: • determines that the document does not contain an unlawful restriction, the County Clerk-Recorder'~ Offii:~\vill1 not record the RCM. • • l • i 6. The approved RCM will be returned to the submitter by mail. ' The "Restrictive Covenant Modification" form is linked below: Restrictive Covenant Modification form Page 12 of 12 Pages ORT "l1 ~R-R .. ' I 'i' . , I ) ;II l i I:,; ' I 1 1,lll(1 '11'' ;i; ,'jl'I :''. '1 '': I', i I •'il;I' I,'!, ,di I ; i 1)1:ii ' 111:i:1:; ·,:: i ,, ·1•! ' ' '. ·,! • l :, ;:l>i (, i :I:[:,:',:' I .•, (\' :! 1:::!, ::.::;: ' ! ,i( , •i!'.,1·. 'i ':1ilc ! 1-:,h ·:,, ', ·,-\,:'I ! ': ; . ,, • :i : i ·~ l ,' . '.:: l I ◄• ' : I I/Iii' 'j 11.1 ,t :·:: ! i' ., '!. 1[ : i :J:;:-::· :if ,j'I ' .: ;'.·', ! '. Exhibit I ' I 1r,·1 •• II I Ji, • 1:• 11 I • \ • ·1,,1,11, 11 'II'' ,, I ' ~ hi 'I ! '( , , , I IL11:i:i \ •rl •:~ , ; •< ' I 11' •r I I I I ; 1•);,11(, r,/, \ ii 1', 1'' I I CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER'S POLICY OF TITLE INSURANCE -2022 1' I •·•,,11 : I •,i 1, t,, I , I l'I I I I I , I'll;!"' •11\ Ip I I, i,' l '1 ' 1:111:i ,:· :/11if i; .:.I : Ii{,·!; -; : : EXCLUSIONS FROM COVERAGE : ' ' : 'i ' 'h' 1 ::!','' \J/1 11::,}: Th~ io110~i~g· ~atters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attor~ey·s; i ,('. • ',; ,:,! , ;jr 1 :I: \'fees, lor e;,<per:ises that arise by reason of: , : ,1)r ,illi :; :!. ·.~~ : : \ii:~ ·: ~-: i : : any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restric~s. <1\ I::! ,i:J.1 ;i 1l 1• , ' , ,i ~egulates, prohibits, or relates to: . l' !J!:,::, 1 'l 11'. i 1. the occupancy, use, or enjoyment of the Land; • :. : • .' , !\;: :),! ,ii'it · 1 ,1 ii. the character, dimensions, or location of any improvement on the Land; '. ') 'Iii· IV·,}: . 1 , iii. the subdivision of land; or ; ( :: • j\:: J : , ' l iv. environmental remediation or protection. 1\':!it': ' ; {,'? .~, ·1 : . any governmen~al f~rfeiture, police, regulatory, or national security power. _ }:Ii: . /: ,:1: ·; ,: ! , :c.' : 1 _ the effect of a v1~lat1on _or_ enforcement of any_ matter excluded under Exclusion 1.a. or 1.b. 1;:I!( ;! . 11 ji, :):'} , __ , .:'~Xfl~;s1on 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. }1:;; [ j i'.:) ){ ·: : ,: tn~ ~~wer of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. iii'{; , i :i: · ::3l : Any defect, lien, encumbrance, adverse claim, or other matter: /If"' l,.;i /! ',a•:.; 1 • created, suffered, assumed, or agreed to by the Insured Claimant; ',, ,,1 I I" I ,: ii • 1'.''1 :i: '"·!ij,· • I 'I I ii·,-.:·' 'ii?;,,'/ ,1• 1 not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured: ' ?jr '}111::l:::::::.·l : :' ! I: Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the lnsurep. Claimant,' 'i,·/ l1ili:1 ,,•i\ il,ii:: ,1. 1 • • : ;,, ·I ! ! became an Insured under this policy; • 1:,11;; i /,Ji{!•'\! : ~-i , , resulting in no loss or damage to the Insured Claimant; f\ili,· :) '1l:l1i, I '9-' i attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage prcwided' '1!.i;: '·,;11 1:::r . : : : ' I' under Covered Risk 9 or 10); or . . '! :1 f Ji,f ::: [i 'i;!/, ,:!:'.; ; j resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured • . i . • : I .i' : ;::[;!,.,., i:'.l(;fi : i, i 1, named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. , : 1 :\ iit' ll!}\ <41 ' • :An1y claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the : ! : 1 1 ;!' ·: i 1 1 1 i '·i • :t :, ' trah~action vesting the Title as shown in Schedule A is a: 1• " • 1' ·i •• I • i!i.\l 1 ', 1 , fraudulent conveyance or fraudulent transfer; ,i:1:1 : .f,I ! ! , • :i·:, I ' I I I"' I , , ' • I ' , 1 : 1': ,[, ! 1, 11,.j,i ... ,'!,i o. ' I: voidable transfer under the Uniform Voidable Transactions Act; or , , .1,,, li'i'·'·,.1 :" .,c: 1 'l pre,erentla trans,er: , .... ,. , . :11;,; '•, rl.•.; 1 1:1_:_ :,:. 1 1, li·J:'i_._:.' 1 i 1 _::··:· __ ':.':'::·:: 11 , .. ·.: ,·, , ! i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer mad_e. •. as a •_ .. • • _!: l : 1 contemporaneous exchange for new value; or • • 1' • ; :r:: • : i:: I:,·, ii ·l,i;, ' :'I ·, , : i ·1 ii. for any other reason not stated in Covered Risk 9.b. : 111:· ,1 I I t\ :1 I[ !: : I !· ,H II : I ' ' : i '.: I I 11 !1,1 ' ', I I ' ! :\:q, ! 1·1 : 1 ,. ! .s~:. ii .,,Ant claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. , !111 1 '1; J f 1[,I :•,•1 I 1'i 'iJ'i I '' ' i ·, I , ' I ! tll, ' 1 j',' ' ' '' ; :,:: :, ·, H (i'i !: . 6i : : Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becor17es due , i . ; :/ii' ,)1 1i'.1 ;,: ." 1•1 : ''. ~r\~ payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Cover~d Risk 2.b. 1 • ; i 111 : : 1\ '· :1 I /I' 11 ':' :' i ; ' ' I : : I: j i1' i ".:I Ii}!· Jf , . . '~rr discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. , ,. ,, ,1 !.-·I I',, .,Ir,, I, , ,. ' f !\f ,' , ;I /:1 i:)i>-\'.:'./ ,i: I} ·,;, !/;-! : I ; : • : ; j 1 I Ii;; L) \· , :: :,· , • , ! . EXCEPTIONS FROM COVERAGE . , . . : ',),,I,, i 1l1n! '"I· ..,. i':i •1'11 :I, , ",, ·:· ,':' ;\1'.i!::: 1 i\J•.·Jo'11·l•h1~ttjri9al land records contain Discriminatory Covenants that are illegal and unenforceable by law. This ~oli~y :treats ! 1!'·' : J}:,1 1!,!)·ii"rY! pis~,rimii:iatory Covenant in a document referenced in Schedule Bas if each Discriminatory Covenant is red~ct.ed, . I /j\ '1 ·f! i \ , ~,pu~ta~ .. ~ 1 dl ,r;~moved, and not republished or recirculated. Only the remaining provisions of the document are excepte,d 1ron:i 'I ;,i-1-,, ,,j _)fii. ·.,-.~overag~, • 1 ! ; • : • ' I ,l1,:•· '! l, .,1,I ,I :1 ". ' ' ' • i .Wit::.:!i lfrii:;rbis h~nt~ ~9~~ _not insure against loss or dam~ge ~~d the Company will not pay cost_s, attorneys' fees, or expenses 'resul~i~g from1 the • 1 );';: ::'' lf ;J ,.,t~rr:r:i~:and cp~p1t1ons of any lease or easement 1dent1f1ed 1n Schedule A, and the following matters: . . . ·, , . '[,1·1'; I h,l ,1 ', ' I' : I I' I I 1,; ' l[i',l:, ,!1 I ' '':• :' 11 PART I ' : I I' l I 1 ~ 1 I I , r , , , L,1/· ! i'l 'I' ; 1, i', .\ ', ' •, , ,: ;11r,·i f!t'·.'1! (aj::r;~:xk~ ~r assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or asses1sh1Jnts : [11: 1 :\}". 11 1,\·,1 ,,or real:P,roperty or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices ·c;,f, • , ! lli:1:' ,: I 1li11 '~uc;0 ~~dce~dings, whether or not shown by the records of such agency or by the Public Records. • ! : 1111' )11••'•,:1 1,! r' I l: ,, 11 '. I I I! l ''II' II /1 ,,,I '' I• • ,, ,, I• l 'I'' '·II' ', I' ,; :1,1; i ,1 ,1 I : ,' ' I . '111•:1,· i,t;r' / ,,1._ •: ,i. I lt!I i1• f' I.I 1J, '•l I ,)· [ 1 :: :i;rl I ;:::ii::,\ : , j , ,, 1:l!n:-I t1,:11 • • ':i , i: . : 1 ii l!i 1· 1;:.;: /· I' '1 {;!•'1 • t1•,t 1!_1 I, i,':,1,• jr i "}'.'. 1hi: · '' Page 1 of 4 l't, I ,,,, I :,:,: :\:ir: ,, i 'I I, '' i: ., ),, ' : r • ! ' ' ; I <if:· I I: j, I "' I ' ·: :!.i:j• i' i ,1 I' ;'' I: PARTII (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) Page 2 cif 4 'I J I'•" I 'I l I l 'i I, 11.: :, I , I I ,. Exhibit I :\ i! "' ·,· ' / • 1 1 • AMERICAN LAND TITLE ASSOCIATION , :· i. ': . •, 1,: i\ . i j i: LOAN POLICY OF TITLE INSURANCE -2021 •. , • : :: i i! ·, . : 1 ,:.i,; 1 :,·' • ii 1 .' 1 'I EXCLUSIONS FROM COVERAGE , , 'i · · :•!II \!:'I ,:1 I : 11, ' I;' I ', 'I ,;The ,fRllo~i-~g'. matters are excluded from the coverage of this policy, and the Company will not pay loss or damage,, costs, attorn~y_s' f~es, 19r'ei~Pf'3fi1Ses that arise by reason of: • • l: '! • 1, ,; : , . l: ; :'. !it \.' ! i ' any law, ordinance, permit, or governmental regulation (including those relating to building and zoni~g) that re~{ric,ts,·' i:! • • 1 { : , ! regulates, prohibits, or relates to: • ' • . , ;. ', • i . , . ::\ , ;i/1 '·i , i. the occupancy, use, or enjoyment of the Land; :.:,; <1: 1. iJ: • • • ii. the character, dimensions, or location of any improvement on the Land; ; :· 1::-• iii. the subdivision of land; or iv. environmental remediation or protection . . ,b.' I any governmental forfeiture, police, regulatory, or national security power . .. .. er ; 1 • the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. ., . :•,~x~l~~ion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. : ;, i :'i, . • : / ii; :1.,~~r ~ower of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. I I : ;: : .:; 11 • jti' • ,':4n~-~efect, lien, encumbrance, adverse claim, or other matter: . 1 -_j ·. l I • created, suffered, assumed, or agreed to by the Insured Claimant; _ , . . . pJ 1 ·; not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the ln~urec;i 1 • . , • 1,.i ,:: \1 : i 1, Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the lr\sur~d Cla,in;iant • : :::: .. i:· ;:i i I became an Insured under this policy; , . , . ' • . ! : .. : : : • : i :·: • G. : 11 resulting in no loss or damage to the Insured Claimant; . • • ! • :/1:::i 1: attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage· prtjviq~d.: ,•'' ··r,·; i: underCoveredRisk11,13,or14);or . ' 1 •.Ef-·/ 1 i resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the ln,?ured • i ·',1: .I 1 '. named in Schedule A as a bona fide purchaser or encumbrancer had been given for the Insured Mortgage at the 1 . ': 1 '· Date of Policy. .· :, .... ' : Ji . ' .,. yne?rorceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with appH'fble ! ; • . . . ·do[ng-business law. • • • •• • ,'I: ·l ;,i ; '' '' ~!!' • 1'riValidity or unenforceability of the lien of the Insured Mortgage that arises out of the transaction evidenced b~,; the.'lcisured • . I I 11 ' / ,. • ; fvlortgage and is based upon usury law or Consumer Protection Law. , • I I''; I' • :~ny ~laim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that t~e ' I trar,saction creating the lien of the Insured Mortgage is a: ' ,. ,';: ' ... ~--' 11 fraudulent conveyance or fraudulent transfer; 1i· •; •• , ... ,:b. I 11 voidable transfer under the Uniform Voidable Transactions Act; or : i i '. i_·_:,i. • !'. ,;1.':':d,,.I '.; preferentialtransfer: • ,·, -•: 1 , .• ,.,. :1, I' ! '·: ::"·'I ' i. to the extent the Insured Mortgage is not a transfer made as a contemporaneous exchange for mew v,alu~; O'r !•::' :: _:. Ji ! f 1 : ii. for any other reason not stated in Covered Risk 13.b. • • : • !II! 1: (,\nY ~laim of a PACA-PSA Trust. Exclusion 7 does not modify or limit the coverage provided under Covered R_isk 8. ;;:}':'.j f ,j , ' , , !1 ' .'.! ',: , ' I 1\' .. Any lien on the Title for real estate taxes or assessments imposed by a governmental authority and created or attaching. : • • 1 '· , :bei'A'.een the Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Exclusio_n 8 does 0ot ,: .m'odify or limit the coverage provided under Covered Risk 2.b. or 11.b. • . ·I , i::,·I i • ; : :·: Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Landi \ 1 . i}i' '·! [:. -:J ; ;! i :! !i !i Page 3 of 4 ·,. •i ·., ., ' ' '' ,\ ·, ,/ Ii, 'I! •1lii '' . ' I Page 4 of 4 . . 09 0 9 N ,.... N UlLJ SEE ~ DETAIL s 11.76 AC • a ..... .,. .. DETAIL "C" SCALE· 1"'-100' . · , 1• 21 PIA299J ,., .. 52142 sar1r10-w @ SHT 2 SHT 2 @ SHT 1 SHT 1 DETAIL •e: ~SCALE ,. . •. •• ... , .. . .. lb I 15 -----------------21+2--~ 1534 I ··-···-----' -.,_ .... SHT 3 • . •. .. 1• OPEN SPACE 2" PAR 2 0 75 AC PER PM 19207 3" PAR 3 0 75 AC PER PM 19207 4" NO ACCESS 5" TRAIL ESMT 6• NO ACCESS 7• FOR DISTS & BRCS SEE REC MAP e• LAUREL TREE L.N . _.,,. 212-04 11/10/22 MPC CHA NGES BUI OLD r-EW 'f'F CUT 1)4() 35 ¥.."I• 17• llol .I~ "'11.(r:) I-"' /P~I 19 •!!IJ, e, ,,, "-:'JI:'" -"' ...,,.. ...... ~,,. ... =-" ., sa, ~Ut1 .., ... ., IDh ,,. ~Jh<' --~ I"" ,,_ .. --~~"4 .£"> ,,, l?Oo "JI' -#t 4-V 1,1 l<7/11 i1..5 n"li.l 9/ ..,.s, i, n(,r '17 /JIii -16 r:r.::.. 'fl -~,,,. i.z~K ,., ~ ~2 PQ 11 97 97 49 n 1101 Jt H ,,oz JO H ZJ 50 q CP• 98 -4653 57 ill:!". 118 22 58 -180-55 118 10007 S3 J;f f~, 96 76 41 'sf"'or,~ 99 4616 -46!t51 59 11!1 1513 41 60,1<61 00 1630 61 PG 22. 00 111 46!t55 62-65 00 1957 60 PG 23 01 1 58 \'¥'!'.,a 01 '4a01 56 SA...: I< 02 475< ST OP lf~ 86 02 2115 631<66 1~• OJ 4751 63&65 67-70 04 1115 66 ~'<J. 05 4702 66 ~ 05 5576 50 POR 06 279 PG25 25 71&72 06 1129 56 73-77 23 26 I'~ ~ SAN DIEGO COUNTY ASSESSOR'S MAP BOOK212 PG 04 SHT 1 OF 2 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 16521 -CITY OF CARLSBAD TCT NO 2018-0002 MAP 823 -RHO AGUA HEDIONDA -POR LOT G -MM514 ROS 5715,8846,13466,15061 ,17412 f i • ' I I i ! : ' j I t • . .. • .., ·., -.. "' 09 i I I l!!i i ! ; ;: "' i ~ i i ; ffl ~ ~ e I ~ ~ I "' ~ I !il ► ~ I 5; I ~ ; r ii !:a "' ti! ·•· . . .... rPPROX LOC STEWART RD Uill ~ SHT 1 .: .... ·- ... • I . .. ' ~ SHT 1 •··... • •. • ···:•-r . ... . :,:. ...•... __ .... .. .. , -· OB SOLETE SEE PG 27 SHT 1 ~ SHT 2 MAP 12903-CARLSBAD TCT NO 85-17 ROS 5715, 10019, 13415, 13466, 16781 .-........ -• 1. . .. SN! OECO COJNTY ASSE!.Sal'S MN' • ~ 212 84 SI IT 2 OF 2 , .. -400' 09/19/2013 JMA ""~ ··--,., AA& fl'rllft: 111-D<J HAN C t-< ..... /JIJ(--!OIi'# .. ~, ... (HI ;StAfU)~01 "' l? "" a, tl6MNOf la .,. "' :'A~ .. "'' "iO:..m s.w:, ., "" sr., • ,. 0, STr:F• .. 1JJ!I ID~ II D!DR.Jlf 11 D#lfJ Jl f2 111 "' SM,ff" ., '8 ST_, "' Pa/211-10 .. , AU PC 11 " r, PAa1S 9111 AG PR = AGRICULTURAL PRESERVE 1 • SOG&E TRANSMISSION ~ SH T 1 2• NO ACCESS CTRL #10377 NSP CARLSBAD CT 09-03 {AU. PARCELS) _J . ,