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HomeMy WebLinkAboutCDP 2019-0027; FLOWER FIELDS RESTROOM; Coastal Development Permit (CDP)( City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits IX) Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit 0 Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit □ Planned Development Permit D Minor D Residential D Non-Residential □ Planning Commission Determination □ Reasonable Accommodation □ Site Development Plan 0 Minor □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) □ Variance 0 Minor (FOR DEPT. USE ONLY) Legislative Permits ~bJ> "2-o I S -oo '2.-~ D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative O Minor D Major (FOR DEPT. USE ONLY) a NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 211-022-21-00 -----------------------------------LO CAT 1O N OF PROJECT: -&re,+ Paseo Del Norte, Carlsbad, CA 92008 5'/0'7,_. -St0 if (STREET ADDRESS) NAME OF PROJECT: New Restroom Building at The Flower Fields BRIEF DESCRIPTION OF PROJECT: Construction of new single story detached restroom building. PROJECT VALUE (SITE IMPROVEMENTS) $150,000 ESTIMATED COMPLETION DATE March 1, 2020 FOR CITY USE ONLY Development No. b~ \/ '2.0 I !J ., 0 I 81 Lead Case No. P-1 Page 1 of 6 Revised 03/17 . OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): (if applicable): Christoeher C. Calkins COMPANY NAME CB Ranch Enterprises COMPANY NAME (if applicable): (if applicable): CB Ranch Enterprises MAILING ADDRESS: 7220 Avenida Encinas1 Suite 204 MAILING ADDRESS: 7220 Avenida Encinas, Suite 204 CITY, STATE, ZIP: Carlsbad, CA 92011 CITY, STATE, ZIP: Carlsbad, CA 92011 TELEPHONE: {760} 431-5600 TELEPHONE: (760) 431-5600 EMAIL ADDRESS: ccc@carltas.com EMAIL ADDRESS: ccc@carltas.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET F TH HEREIN MY AUTHORIZED REPRESENTATIVE FOR PU O ES F IS PLICATION. ANT'S REPRESENTATIVE (Print): _C_h_ri_s_to_.,p_h_e_r_C_._C_a_l_k_in_s ________________ _ MAILING ADDRESS: 7220 Avenida Encinas, Suite 204 CITY, STATE, ZIP: Carlsbad, CA 92011 TELEPHONE: (760) 431-5600 EMAIL ADDRESS: ccc@carltas.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS AP ICATION AND THAT ALL THE ABOVE INFOR ON IS U :A.ND CORRECT TO THE BEST OF MY KNO E E. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IN.JE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED O E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A B DA UC SSORS IN INTEREST. P-1 Page2of6 RECEIVED SEP 1 9 2019 CITY OF CARLSBAD PLANNING DIVISION DATE ST AMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ §tPart CB Ranch Enterprises Title____________ Title _____________ _ Address _________ _ Address 7220 Avenida Encinas, Suite 204 Carlsbad, CA 92011 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ gPart CB Ranch Enterprises Title____________ Title _____________ _ Address Address 7220 Avenida Encinas, Suite 204 ---------- Carlsbad, CA 92011 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title Title -------------------------- Address Address ------------------------ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓I No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. ove information is true and correct to the bes r/date s C anch Enterprises, Christopher Calkins President Print or type name of owner (! AS &di ~l/k-t/JOl 15 ~., Print or type name of applicant I ~ Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 Form P-la Persons holding more than 10% interests as shareholders of CB Ranch Enterprises Paul Ecke 111, Trustee of the Paul Ecke Ill Revocable Trust dtd 9/22/89 and Trustee of the Elisabeth K Ecke 1996-1 Irrevocable Trust dtd 9/10/96 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Lizbeth A. Ecke, Trustee of the Lizbeth A. Ecke Trust dtd 3/31/94 and Trustee of the Lizbeth A. Ecke 1996 Irrevocable Trust dtd 9/10/96 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Sara Ecke May, Trustee of the Sara Ecke May Revocable Trust dtd 4/23/96 and Trustee Sara Ecke May Children's GST Trusts dtd 9/10/96 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Christopher C. Calkins, Trustee of the Paul Ecke Jr Non-Exempt Marital Trust dtd 8/7 /97, Trustee of the Paul Ecke Jr. Exempt Marital Trust dtd 8/7 /97, and Paul Ecke Jr. Bypass Trust dtd 8/7 /97 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Christopher C. Calkins and Diane M. Calkins, Trustees, Calkins Family Trust dtd 12/24/79 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Matthew G. Calkins and Katherine E. Killgore, Trustees Killgore-Calkins Family Trust dtd 12/27 /17 Address: 7220 Avenida Encinas #204, Carlsbad 92011 Jennifer D. Calkins Address: 7220 Avenida Encinas #204, Carlsbad 92011 --------------·,,_ __________ _ ( City of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: New Restroom Building at The Flower Fields APPLICANT NAME: CB Ranch Enterprises Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Please see attached Project Description. P-1(8) Page 1 of 1 Revised 07/10 Project Description New Restroom Building at The Flower Fields This application is for a Coastal Development Permit pursuant to the construction of a new, single-story, 640 square foot restroom building to be located at The Flower Fields. The submittal drawings illustrate the project location, building design, site improvements, conceptual grading and wet utility plans. Purpose of Proposed Project: Ever increasing visitor attendance at The Flower Fields has generated a significant demand for more public restrooms. To mitigate the demand on a temporary basis, The Flower Fields has been using multiple portable toilets during the visitor season. The Flower Fields wishes to install a new permanent restroom building to address the demand and improve the visitor experience. There is currently one existing restroom building with eight toilets, split men/women. The proposed new restroom building will be dedicated to male users, plus one uni-sex family unit. The proposed building will provide five toilets, four urinals, and five sinks. The existing eight toilet restroom building will be changed to all female users. No construction modifications are necessary to the existing building, other than new signage (existing urinals have already been changed to toilets). This will effectively double the restroom capacity of the Flower Fields. Existing Site and Proposed Grading: The proposed location of the new restroom building is currently a flat vacant area of decomposed granite paving. This area is currently used for portable toilets during the visitor season. An existing three foot high landscaped berm is located at the western edge of the proposed building site. A portion of the berm will be graded flat to prepare a level building pad at the same elevation as the adjacent existing restroom building. Grading cut/fill quantities are estimated to be less than 200 cubic yards. Proposed Building Design: The proposed restrooms will be located adjacent to the existing restroom building as shown on the Site Plan. The new building is designed to match the architectural character and construction materials of the existing restrooms for aesthetic continuity. The building will be constructed of split-face concrete masonry units and a standing seam metal roof with a decorative "cupola" detail. See photo of the existing restroom building to illustrate the new building's architectural character. Other Proposed Site Improvements: An existing gated pathway is located at the proposed restroom location that connects to the parking lot. This pathway will be removed and reconstructed at the south side of the new restroom building. The walkway will be surfaced with permeable decomposed granite paving (the existing pathway is asphalt). The pathway is for maintenance personnel and vendor access and is not intended for public visitor use. All paving around the proposed restrooms will be permeable decomposed granite paving (no impervious paving is proposed). The existing main pathway to the east of the proposed restroom will be widened to 12' by adjusting the edges of the existing garden areas. Storm water runoff (primarily from the building roof) will be directed to adjacent planting areas for percolation and filtering. Two existing area drains and pipe will carry excess runoff to an existing storm water basin located on site. No significant new landscaping is required other than to replace and enhance the existing planting areas adjacent to the new building. An existing ten-foot tall hedge screens the restroom area from the parking lot. Additional shrubs will be installed to supplement the hedge and close gaps, as shown on the Site Plan Detail (sheet no. 03). Minor retrofitting of the existing irrigation system will be made where needed to accommodate the new construction and grading. Minor improvements to the existing accessible path of travel to the public way are proposed as shown on the Enlarged Partial Site Plan (sheet no. 02), such as the addition of truncated domes at vehicular crossing areas. Parking: The addition of the proposed restroom building is not expected to generate a change in visitor attendance in and of itself, but is intended to improve the guest experience. Consequently, no change to average daily traffic (ADT) over the existing condition is anticipated. Existing restroom building. Proposed new restroom building to have similar character. (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [XI The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: CB Ranch Enterprises Address: 7220 Avenida Encinas, Suite 204 Carlsbad, CA 92011 Phone Number: (760) 431-5600 PROPERTY OWNER Name: CB Ranch Enterprises 7220 Avenida Encinas, Address: Suite 204 Carlsbad, CA 92011 Phone Number: (760) 431-5600 Address of Site: 5704 Paseo Del Norte, Carlsbad, CA 92008 Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_1_1_-0_2_2_-2_1_-_0_0 _____________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): __________________________ _ General Information 1. Name of project: New Restroom Building at The Flower Fields 2. Name of developer or project sponsor: CB Ranch Enterprises --------'------------- Address: 7220 Avenida Encinas, Suite 204 City, State, Zip Code: Carlsbad, CA 92011 Phone Number: (760) 431-5600 3. Name of person to be contacted concerning this project: Christopher C. Calkins Address: 7220 Avenida Encinas, Suite 204 City, State, Zip Code: Carlsbad, CA 92011 Phone Number: (760) 431-5600 4. Address of Project: __ 5_7_0_4_P_a_s_e_o_D_e_l_N_o_rt_e..:.., _C_a_rl_sb_a_d..:.,_C_A...:....::....92=-0=-0:..:8:..._ ______ _ Assessor's Parcel Number: 211-022-21-00 ----------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Building permit. 6. Existing General Plan Land Use Designation: OS -Open Space ----------------- 7. Existing zoning district: OS -Open Space ___ ...;.__....:,_ _________________ _ 8. Existing land use(s): Agricultural --=----------------------- 9. Proposed use of site (Project for which this form is filed): Construction of new restroom building for Flower Fields visitor use. Project Description 10. Site size: __ 5_3_.,.a""o_a_c_r_e_s ______________________ _ 11. Proposed Building square footage: __ 6_4_0_s_.f_. _______________ _ 12: Number of floors of construction: One --------------------- 13. Amount of off-street parking provided: 791 spaces (existing) __ ....:,_ __ ,:.._ _ _::,;;__ _________ _ 14. Associated projects: _N_o_n_e ______________________ _ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_/A _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _N_/A ___________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/_A ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _N~/A ______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: _N_/A __________________ _ P-1(D) Page 3 of 4 Revised 07/10 ' ' Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ [XI alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ [XI roads. 22. Change in pattern, scale or character of general area of project. □ Ix] 23. Significant amounts of solid waste or litter. □ IX! 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [XI 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [XI alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ IX! 27. Site on filled land or on slope of 10 percent or more. □ Ix] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ IX! flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ Ix] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 00 31. Relationship to a larger project or series of projects. □ IX! Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my abi · , and the facts, statements, and information presen d are true and correct to the best of my kn led e d b ief. Date: For: P-1 (D) Page 4 of 4 Revised 07/10 ( City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific require nt o ether all requirements are necessary for your particular application) please call (w,,.H~·-,,u Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 , . - ( City of Carlsbad CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS A The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. A If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. A The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. A Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent {MTC02e) 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. I STEP1 Land Use Consistency Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude 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 "Yes", 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 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling untts • 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 tt is below the 900 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-<leveloped GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 I City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Appllcatlon Information Project No./Name: New Restroom Building at The Flower Fields Property Address/APN: 211-022-21-00 Applicant Name/Co.: Christopher C. Calkins, CB Ranch Enterprises Applicant Address: 7220 Avenida Encinas, Suite 204, Carlsbad CA 92011 Contact Phone: (760) 431-5600 Contact Email: ccc@carltas.com Contact information of person completing this checklist (if different than above): Name: same as above Contact Phone: Company name/address: 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. Estimated Building Permit Valuation (BPV): $ _9_0_, 7_2_6 ____ _ Construction Type I Complete Sectlon(s) I Notes: D Residential □ New construction I 2A, 3A and 4A □ Alterations: □ BPV ~ $60,000 1A All residential alterations □ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed 1K] Nonresidential Q!I New construction I 1B, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist D BPV;?; $200,000 or additions;?; 1,000 1B, 5 square feet D BPV ;?; $1 ,000,000 18, 2B and 5 Building alterations of;?; 75% existing gross floor area D ;?; 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ;?; $200,000 Checklist Item Check the appropriate boxes, explain all not applicable and exoeplion items, and provide supporting calculations llld documentation as necessary. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A D Residential addition or alteration ~ $60,000 building pennit valuation. D N/A ----------See Ord. CS-347, Section 8. □ Exception: Home energy score ~ 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements D Before 1978 Select one: D Duct sealino D Attic insulation D Cool roof D Attic insulation D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 Select one: D Attic insulation D Duct Sealing D Cool roof D 1991 and later Select one: D Lighting package D Water heating package 8. D Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feet. project is< $200,000 bpv & rm NIA < 1 ooo s.f. See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. AS.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power D N/A AS.203.1 . 1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) D N/A A5.203.1.2.1 Choose one as applicable: D .95 Energy budget D .90 Energy budget D NIA AS.211.1.** D On-site renewable energy D N/A AS.211 .3** D Green power (if offered by local utility provider, 50% minimum renewable sources) D N/A AS.212.1 D Elevators and escalators D N/A AS.213.1 D Steel framing D N/A P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist • lndudes hotels/motels and high-rise residential buildings ** For alterations ~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option Is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations i!:$1,000,000 BPV and affecting i!:75% existing floor area, or addition that increases roof area by i!:2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 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: □ If<!: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc NIA, project less than this cntena. **Round building size factor to nearest tenth, and round system size to nearest whole number. □ 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. P-30 Page 5 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.1 O (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. IX] Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy IXI Water heating system is (choose one): □ Heat pump water heater IXI Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: 4. Electric Vehicle Charging A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Caoable I Readv I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other-Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") P-30 Page 6 of 7 Installed I Total I Revised 04/19 ... City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~ $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 ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B IX] Nonresidential new construction (includes hotels/motels) liJ Exception · See applicant note #1 below Total Parking Spaces EVSE Spaces Proposed Capable Readv Installed Total 0 0 0 0 0 Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 □ 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 ~ 201 and over 10 percent of total 50 percent of Required EV Spaces 5. !XI Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADTl1 ,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADTl1 ,000 S.F. Total Employee ADT Restroom 640 s.f. Total See applicant note #2 below 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 vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No Ii LOE Staff Verification: □. _____ (staff initials) * Applicant notes: 1. Per CMG 18.21 .150, Section 5.106.5.3.3 EV charging space calculation, using exception #2 ( ... adverse impact to construction cost). 2. City of Carlsbad Employee ADT Table does not indicate a rate for this use. Proposed restroom building is accessory to existing open space I agricultural land use and is not expected by applicant to exceed 110 employee ADT threshold. Existing employees are sufficient to service new restrooms. P-30 Page 7 of 7 Revised 04/19 ( Cicyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 Ufl~ q(1-41(uir1 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: New Restroom Building at The Flower Fields PROJECT ID: ADDRESS: 5704 Paseo Del Norte, Carlsbad CA 92008 APN: 211 -022-21-00 The project is (check one): D New Development IX) Redevelopment The total proposed disturbed area is: 3,071 ft2 ( 0.07 ) acres The total proposed newly created and/or replaced impervious area is: 885 ft2 ( 0.02 ) acres (roof of bldg) 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. E-34 Page 1 of 4 REV 03/19 ~ To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ IX! If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR D b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets uidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? D IXl IXl If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): E-34 Page 2 of4 REV 03/19 ~T~-~~,,·_:·· --:_-:--~~,,;~~;~;:;~~}~;t,1~;;;~lt,,1;;0~:::-,.,:~:tff~;;1l~H;;~,~:~~;~Li~;~;~~J;~;0;l!~~:;1~;~·: ·'--.. ··:--·. -! 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, □ IX! 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 □ !XI 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 □ IX! 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 □ !XI 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 □ IX! 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 □ Ix! site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transvortation of automobiles trucks motorcvcles and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ 00 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 □ IX] 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 □ IX] RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADTJ of 100 or more vehicles per day. 1 O. Is your project a new or redevelopment project that results in the disturbance of one or more ~cres of land □ Ix! 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 □ 00 impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... II and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinQ "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 03/19 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): 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 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information . If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statin "M ro·ect is a PDP ... "and com lete a licant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. IX] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36'' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box C . . Applicant Name: _::...:::-r..:::..:....:..;,,,c:....::i,;c..:..:;f'--C-'-F'-~------- Applicant Signatur • Environmentally Sensitive Areas i ude but are not limited to all Clean Water Act Section 303(d) impaired wat r bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan: and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 ., • ~ 1 .... l! *, "'" Fust American Title 4' File No.: NHSC-2495561 () Order Nunffler: NHSC-2495561 () Page Number: 1 This report has been amended/updated to reflect the following matters: [ ] No changes made to the report other than the Effective Date [ ] Property address has been revised [ ] Vesting has been revised [ ] Legal Description has been revised [ X ] Taxes have been updated [ X] Original item number(s) 2, 1A, 1B, 3 and 53 have been removed [ X] New item number(s) 58a through 58c have been added [ X] Original item number(s) 52 have been revised [ X] Other: Informational Notes New Item no. 1 has been added First American Title . J Order Nuriffl'er: NHSC-2495561 () Page Number: 2 Updated 09/13/2019 First American Title First American Title Company Desiree Cook Carltas Company 7220 Avenida Encinas, Suite 204 Carlsbad, CA 92011-4661 Phone: (760)431-5600 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Owner: Property: 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 CB Ranch NHSC-2495561 () CB Ranch Enterprises 5702 Paseo Del Norte carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of ntle 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 of said Policy or Policies are set forth in Exhibit A attached. 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 A 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. First American Title . / -Order Nuriffler: NHSC-2495561 () Page Number: 3 Dated as of September 03, 2019 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: TO BE DETERMINED A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. Intentionally Deleted 1A. Intentionally Deleted 1B. Intentionally Deleted 3. Intentionally Deleted 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. An easement for pipeline or pipelines and incidental purposes, recorded May 15, 1961 as Instrument No. 83959 of Official Records. In Favor of: Affects: Carlsbad Municipal Water District The route or location of said easement cannot be determined from the record A portion of said easement has been quitclaimed by instrument recorded May 5, 1997 as Instrument No. 97-208459. First American Title Order Nunffler: NHSC-2495561 () Page Number: 4 Reference is made to said instrument for further particulars. 6. An easement for ingress and egress and incidental purposes, recorded May 15, 1961 as Instrument No. 83960 of Official Records. In Favor of: Affects: Carlsbad Municipal Water District The route or location of said easement cannot be determined from the record 7. An easement for sewer and storm drain and incidental purposes, recorded November 30, 1972 as Instrument No. 320457 of Official Records. In Favor of: City of Carlsbad Affects: The route or location of said easement cannot be determined from the record Reference is made to said instrument for further particulars. A portion of said easement has been eliminated by Quitclaim Deed recorded April 3, 1995 as Instrument No. 95-138118 and 95-138120, both of Official Records. 8. An easement for public road, utility, sewer, water, landscape, sidewalk encroachment and incidental purposes, recorded November 30, 1972 as Instrument No. 320458 of Official Records. In Favor of: City of Carlsbad Affects: The route or location of said easement cannot be determined from the record Reference is made to said instrument for further particulars. A portion of said easement has been eliminated by Quitclaim Deed recorded April 3, 1995 as Instrument No. 95-138118 and 95-138120, both of Official Records. 9. Resolution Nos. 3851, 3852 and 3853 of the City Council of the City of Carlsbad, California, approving the Establishment of an Agriculture Preserve (AP 76-1) recorded March 1, 1976 as Instrument No. 59757; A Land Conservation Contract for the Ecke (Carltas) Agricultural Preserve No. 76-1, dated February 10, 1976, upon the terms, covenants and conditions contained therein, executed by and between the City of Carlsbad ad Carltas Corporation, recorded March 1, 1976 as Instrument No. 59758 of Official Records. And as modified by a First Amendment recorded May 7, 1993 as Instrument No. 93-286978 of Official Records. And as modified by a Second Amendment recorded December 29, 1988 as Instrument No. 88- 672971 of Official Records. A Notice of Non-Renewal recorded October 4, 1991 as Instrument No. 91-514807 of Official Records. And as modified by a Third Amendment recorded April 21, 1993 as Instrument No. 93-243908 of First American Title Order Nurrffl'er: NHSC-2495561 () Page Number: 5 Official Records. Reference is made to said instrument for further particulars. A Certificate of Tentative Partial Cancellation Pursuant to California Land Conservation Act of 1965 recorded March 5, 1996 as Instrument No. 96-107755 of Official Records. A Fourth Amendment to Land Conservation Contract recorded March 22, 1996 as Instrument No. 96-141300 of Official Records. A Certificate of Final Partial Cancellation Pursuant to California Land Conservation Act of 1965 recorded September 5, 1996 as Instrument No. 96-450382 of Official Records. 10. The terms and provisions contained in the document entitled "Agreement Regarding Reimbursement" recorded August 14, 1986 as Instrument No. 86-349359 of Official Records. 11. The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Public Facilities Fee" recorded September 1, 1987 as Instrument No. 87-496010 of Official Records. 12. An easement for either or both pole lines, underground conduits together with the right of ingress and egress and incidental purposes, recorded December 8, 1987 as Instrument No. 87- 675367 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company The route or location of said easement cannot be determined from the record. 13. The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Public Facilities Fee" recorded April 14, 1988 as Instrument No. 88-171939 of Official Records. 14. The terms and provisions contained in the document entitled "Covenant and Agreement" recorded May 11, 1988 as Instrument No. 88-220140 of Official Records. 15. The terms and provisions contained in the document entitled "Agreement Regarding Grading" recorded May 11, 1988 as Instrument No. 88-222132 of Official Records. 16. An easement for public highway and public utility and incidental purposes, recorded September 15, 1988 as Instrument No. 88-463310 of Official Records. In Favor of: City of Carlsbad Affects: The route or location of said easement cannot be determined from the record 17. An easement for flood drainage channel and incidental purposes, recorded September 15, 1988 as Instrument No. 88-463313 of Official Records. In Favor of: City of Carlsbad Affects: The route or location of said easement cannot be determined from the record 18. The terms and provisions contained in the document entitled "Agreement Regarding Reimbursement" recorded November 1, 1988 as Instrument No. 88-557947 of Official Records. First American Title Order Nuni15er: NHSC-2495561 () Page Number: 6 Reference is made to said instrument for further particulars. Amendment No. 1 to Reimbursement Agreement between the City of Carlsbad and carltas Co. for Palomar Airport Road Assessment District recorded March 27, 1996 as Instrument No. 96-150689 of Official Records. 19. The terms and provisions contained in the document entitled "Covenant and Agreement" recorded July 5, 1989 as Instrument No. 89-354161 of Official Records. 20. The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Public Facilities Fee" recorded August 5, 1991 as Instrument No. 91-390279 of Official Records. 21. An easement for street and public utility and incidental purposes, recorded February 11, 1992 as Instrument No. 92-76195 of Official Records. In Favor of: City of Carlsbad Affects: The route or location of said easement cannot be determined from the record 22. The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Public Facilities Fee" recorded October 20, 1992 as Instrument No. 92-667486 of Official Records. 23. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or relinquished on the filed Map. 24. A perpetual easement for open space in favor of the City of carlsbad, as dedicated on the Map of said Tract which provides among other things, that the following shall be performed only as permitted by a special use permit: Excavation, grading or filling of said land; construction of buildings, structures of other things whatsoever upon said land; use of said land for other than open space and park or recreational purposes. Affects Lot 1 as shown on said Map No. 13078. 25. The terms and provisions contained in the document entitled "Agreement Regarding Hold Harmless Agreement" recorded December 30, 1993 as Instrument No. 93-886033 of Official Records. 26. The terms and provisions contained in the document entitled "Agreement Regarding to Pay Drainage Fees" recorded December 30, 1993 as Instrument No. 93-886034 of Official Records. First American Title Order Nuriffler: NHSC-2495561 () Page Number: 7 27. Covenants, conditions, restrictions and easements in the document recorded January 12, 1994 as Instrument No. 94-27697 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded April 3, 1995 as Instrument No. 95-138588 of Official Records. 28. Deed Restriction dated February 15, executed by Carlsbad Ranch Company, a california Limited Partnership and the California Coastal Commission subject to the terms and conditions contained therein recorded March 14, 1995 as Instrument No. 95-106622 of Official Records. Reference is made to said instrument for further particulars. 29. An easement for slope and construction and incidental purposes, recorded June 14, 1995 as Instrument No. 95-249015 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The route or location of said easement cannot be determined from the record 30. An easement for public sidewalk and incidental purposes, recorded June 14, 1995 as Instrument No. 95-249017 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The route or location of said easement cannot be determined from the record 31. An easement for public street and public utility and incidental purposes, recorded June 14, 1995 as Instrument No. 95-249018 of Official Records. In Favor of: Affects: City of carlsbad, a Municipal Corporation The route or location of said easement cannot be determined from the record 32. Deed Restriction executed by CB Ranch Enterprises, a California Corporation and City of Carlsbad subject to the terms and conditions contained therein recorded July 10, 1996 as Instrument No. 96-343957 of Official Records. Reference is made to said instrument for further particulars. 33. A "Deed Restriction" dated July 1, 1996, executed by and between Carlsbad Ranch Company, LP., a California Limited Partnership and CB Ranch Enterprises, a California Corporation and the California Coastal Commission, recorded July 11, 1996 as Instrument No. 96-348521 of Official Records, which document, among other things, contains or provides for "Uses of the Future Golf Courses". First American Title -..... Order Numtfer: NHSC-2495561 () Page Number: 8 Reference is made to said instrument for further particulars. 34. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded September 5, 1996 as Instrument No. 96-450388 of Official Records. 35. The subdivision Map referred to in the legal description herein contains various restrictions in improving or developing the property herein described. Reference is made to said subdivision Map for further particulars. 36. A perpetual easement for open space in favor of the City of Carlsbad, as dedicated on the Map of said Tract which provides among other things, that the following shall be performed only as permitted by a special use permit: Excavation, grading or filling of said land; construction of buildings, structures or other things whatsoever upon said land; use of said land for other than open space and park or recreational purposes. Affects Lot 1 as shown on said Map. 37. An easement shown or dedicated on the Map as referred to in the legal description For: Water line and access and incidental purposes. 38. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded October 16, 1996 as Instrument No. 96-524217 of Official Records. 39. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded October 16, 1996 as Instrument No. 96-524218 of Official Records. 40. The terms and provisions contained in the document entitled "Staff Report and Preliminary Recommendation" recorded February 24, 1997 as Instrument No. 97-80274 of Official Records. 41. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded April 2, 1997 as Instrument No. 97-150347 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. 42. The terms and provisions contained in the document entitled "Covenant to Indemnify" recorded April 16, 1997 as Instrument No. 97-176000 of Official Records. First American Title Order Nu~r: NHSC-2495561 () Page Number: 9 43. An easement for underground facilities for the transmission and distribution of electricity and incidental purposes, recorded May 22, 1997 as Instrument No. 97-237170 of Official Records. In Favor of: San Diego Gas and Electric Affects: The land 44. An easement for construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground, said facility include pipelines, pumping facilities and structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other form of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices, access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility and incidental purposes, recorded December 1, 1997 as Instrument No. 97-605495 of Official Records. In Favor of: Carlsbad Municipal Water District, a Public Agency Affects: The route or location of said easement cannot be determined from the record 45. An easement for public sidewalk and incidental purposes, recorded February 9, 1998 as Instrument No. 98-66510 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The route or location of said easement cannot be determined from the record 46. The terms and provisions contained in the document entitled "Agreement Relating to the Installation, Maintenance and Possible Removal of Various Utilities, Signs and Decorative Structures" recorded September 21, 1999 as Instrument No. 99-645431 of Official Records. 47. An easement for public street and public utility and incidental purposes, recorded September 21, 1999 as Instrument No. 99-645232 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The route or location of said easement cannot be determined from the record 48. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded November 18, 1999 as Instrument No. 99-765040 of Official Records. 49. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded November 18, 1999 as Instrument No. 99-765041 of Official Records. 50. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 18, 1999 as Instrument No. 99-765042 of Official Records. First American ntle ,.... Order NuriT!fer: NHSC-2495561 () Page Number: 10 51. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts" recorded November 18, 1999 as Instrument No. 99-765043 of Official Records. 52. An unrecorded lease dated September 30, 1998, executed by CB Ranch Enterprises, a California Corporation as lessor and Armstrong Garden Center Inc., a California Corporation as lessee, as disclosed by a Subordination Agreement recorded January 19, 2000 as Instrument No. 00-26845 of Official Records. A document recorded December 20, 2016 as Instrument No. 2016-0696195 of Official Records provides that the above document was subordinated to the document recorded December 20, 2016 as Instrument No. 2016-0696194 of Official Records. 53. Intentionally Deleted 54. An easement for public utilities and incidental purposes, recorded July 15, 2004 as Instrument No. 2004-0658948 of Official Records. In Favor of: Affects: Carlsbad Ranch Maintenance Association II, a California Mutual Benefit Nonprofit Corporation The land 55. An easement for public street and public utility and incidental purposes, recorded March 25, 2009 as Instrument No. 2009-0149914 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The land 56. An easement for drainage and structural foundation and incidental purposes, recorded March 25, 2009 as Instrument No. 2009-0149915 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The land 57. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded December 4, 2009 as Instrument No. 2009-0672995 of Official Records. 58. An easement for drainage and structural foundation and incidental purposes, recorded April 19, 2010 as Instrument No. 2010-0192846 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation The land 58a. A Deed of Trust to secure an original indebtedness of $1,530,000.00 recorded December 20, 2016 as Instrument No. 2016-0696194 of Official Records. Dated: Truster: Trustee: Beneficiary: December 02, 2016 CB Ranch Enterprises, a California Corporation American AgCredit, FLCA American AgCredit, FLCA The above deed of trust states that it secures an equity line/revolving line of credit. First American Title Order Nuriil5er: NHSC-2495561 () Page Number: 11 58b. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 58c. Water rights, claims or title to water, whether or not shown by the public records. 59. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 60. With respect to CB Ranch Enterprises, a corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title - Order Nurn'l:>er: NHSC-2495561 () Page Number: 12 INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. 1. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: $5,833.25, PAID Penalty: $0.00 Second Installment: $5,833.25, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 211-022-21-00 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Commercial Structure known as 5702 Paseo Del Norte, Carlsbad, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None First American Title -- Order NuITffier: NHSC-2495561 () Page Number: 13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 1 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 11, 1996. APN: 211-022-21-00 First American Title - NOTICE Order Numrfer: NHSC-2495561 () Page Number: 14 Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American ntle EXHIBIT A Order Numr(er: NHSC-2495561 () Page Number: 15 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Order Num'f(er: NHSC-2495561 () Page Number: 16 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy ( except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Nu~r: NHSC-2495561 () Page Number: 17 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy ( except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 First American Title Order Nu~r: NHSC-2495561 () Page Number: 18 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title 2. The right to take the land by condemning it, unless: Order Nurii'lfer: NHSC-2495561 () Page Number: 19 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion First American Title Order Nu~r: NHSC-2495561 () Page Number: 20 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or ( e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the foll~wing exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. 2. 3. 4. 5. 6. Part Two: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title r I. The following existing statutes, re~ce to which are made part of the ALTA 8.1 Environmen~rotection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. First American Title .. PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved