HomeMy WebLinkAboutSDP 16-02; Raceway Lot 16 Shell Building; Site Development Plan (SDP)(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 (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit (*) 0 Minor
0 Conditional Use Permit (*)
0 Minor 0 Extension
0 Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit 0 Minor
0 Hillside Development Permit(*) 0 Minor
0 Nonconforming Construction Permit
0 Planned Development Permit 0 Minor
0 Residential 0 Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
~ Site Development Plan
0 Special Use Permit
~Minor
0 Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision)
0 Variance 0 Minor
o,£.!'o~
0 General Plan Amendment
0 Local Coastal Program Amendment(*)
0 Master Plan 0 Amendment
0 Specific Plan
0 Zone Change (*)
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 221-881-17, 221-881-18 -------------------------------------------------------------------
PROJECT NAME: Raceway Lot 16 Shell Building
BRIEF DESCRIPTION OF PROJECT: One high-bay shell industrial building with surface parking on 3.7 4 acres.
BRIEF LEGAL DESCRIPTION: Lot 16 of Carlsbad TCT No. 98-10 Carlsbad Raceway per Map 15013.
LOCATION OF PROJECT: 3248 Lionshead Ave., Carlsbad CA 92010
ON THE: North
(NORTH, SOUTH, EAST, WEST)
BETWEEN Eagle Dr --~--~(~N~A~M~E~O~F~S~T~R~E~E=T)~---
P-1
STREET ADDRESS
SIDE OF Lionshead Ave.
(NAME OF STREET)
AND Business Park Dr.
(NAME OF STREET)
Page 1 of 6 Revised 07115
OWNER NAME
(Print): Vagha Development LLC.
MAILING ADDRESS: 3170 Vista Way ----------~---------------CITY, STATE, ZIP: Oceanside, CA 92056
TELEPHONE:
EMAIL ADDRESS:
APPLICANT NAME (Print): Carlsbad Industrial Park, LP
MAILING ADDRESS: P.O. Box 3111 ----------------------------CITY, STATE, ZIP: San Diego, CA 92038
TELEPHONE: 888-518-8886 ----------------------------EMAIL ADDRESS: ben@badieedevelopment.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE , VE I FORMATION IS TRUE AND CORRECT TO
THE BEST OF M · 'WLE E.
APPLICANT'S REPRESENTATIVE (Print): Smith Consulting
----------~-------------------7~-----------------------
MAILING ADDRESS: 13280 Evening Creek Dr S, Suite 125
CITY, STATE, ZIP: San Diego, CA 92128
TELEPHONE: 858-793-4777
EMAIL ADDRESS: peterb@sca-sd.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION A D THAT ALL THE ABOVE
INFORMATI N IS TRUE AND CORR T TO THE BEST OF MY
KN LE
I
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. !!WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH TH No A~D BIND y sj5E;2';s .{ L·
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
D
JAN 0 7 2016
RECEIVED BY:
P-1 Page 2 of 6 Revised 07/15
{City of
Carlsbad
PROJECT DESCRIPTION
P-1 (B)
PROJECT NAME: Raceway Lot 16 Shell Building
APPLICANT NAME: Carlsbad Industrial Park, LP
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:
This project consists of (1) 55,573 square foot high-bay industrial shell building with surface
parking, landscaping and an outdoor lunch patio on an 3.74 acre lot. The building tenant is
undetermined at this time. The building includes a 4,438 square foot mezzanine, (2) loading dock
bays and (4) grade level loading doors. Planned uses include manufacturing, R&D, warehousing
and accessory office space. Off-street parking is provided at a blended rate of 2.5 sp/1 000 sq.ft.
The site was mass-graded and is currently vacant. The site is on the north side of Lionshead Ave.
between Eagle Dr. and Business Park Dr. in the Carlsbad Raceway Business Park. The
proposed site layout, building uses and floor areas are in compliance with the Carlsbad Raceway
Business Park Design Guidelines.
The project requires approval of a Site Development Plan-Minor. The project is in conformance
with PI General Plan Designation and the P-M Zoning Ordinance.
Environmental compliance for this proposed project is established by way of Mitigated Negative
Declaration (15162) for GPA 98-05/ZC 01-07/Cf 98-10/HDP 98-09/PIP 01-01 -Carlsbad Raceway
Business Park, as adopted in connection with the master development. The proposed project is
consistent with the project cited above, and has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration. None of the circumstances requiring a
Subsequent Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections
15162 or 15163 exist.
P-1(8) Page 1 of 1 Revised 07/10
t~'
(__City of
Carlsbad
DISCLOSURE STATEMENT
P-1{A)
Development Services
Planning Division
1635 Fara·day Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain owner~hip 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 Corp/Part Carlsbad Industrial Park, LP.
Title Title ____________ _
Address. _________ _ Address P.O. Box3111, San Diego, CA92038
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 y" ¥tri.C'<1j 4 p a fc.lcorp/Part Vagha Development, LLC
Title Title _____________ _
Address Address 3170 Vista Way, Oceanside, CA 92056 -----------------
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?
0 Yes II' I No If yes, please indicate person(s): _____________ _
NOTE: Attach additional sheets if necessary.
I
Print or type name of owner Print or type name of applicant
Smith Consulting Architects, Peter Bussett
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2
,..
j
Revised 07/1 0
(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):
[j] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Carlsbad Industrial Park, LP.
Address: P.O. Box 3111
San Diego, CA 92038
Phone Number: 888-518-8886
Address of Site: 3248 Lionshead Ave.
PROPERTY OWNER
Name: Vagha Development LLC.
Address:3170 Vista Way
Oceanside, CA 92056
Phone Number: _________ _
Local Agency (City and County):_C_i_ty'----o_f_C_a_rl_s_b_a_d ______________ _
Assessor's book, page, and parcel number: 221-881-17' 221-881 ~ 18
Specify list(s): Cortese List
Regulatory Identification Number:_N_/_A ____________________ _
Date of List:_---='7-£--+-----~---------------------
I EN~ f_~tc/
Property Owner Signature/Date
The Hazardous te and Substances Sites List (Cortese List) is used by the State, local
agencies and de elopers 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 02113
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: I -1 -I b (To be completed by City)
Application Number(s): SD p l (o-0 a
General Information
1. · Name of project Raceway Lot 16 Shell Building
2. Name of developer or project sponsor: Carlsbad Industrial Park, LP
Address: P. 0. Box 3111
City, State, Zip Code: San Diego, CA 92038
Phone Number: 888-815-8886
3. Name of person to be contacted concerning this project Peter Bussett -SCA
Address: 13280 Evening Creek Dr. S, Suite 125
4.
5.
6.
7.
8.
9.
City, state, Zip Code: San Diego, CA 92128
Phone Number: 858-793-4 777
Address of Project: 3248 Lionshead Ave
Assessor's Parcel Number: 221-881-1 7, 221-881-18
~ist a~d describe a~y other _related. permits and other public approvals required for this project,
mcludmg those requ1red by c1ty, reg1onal, state and federal agencies:
Site Development Permit (Minor)
Existing General Plan Land Use Designation: PI ------------------------
Existing zoning district: .-:P~M:-:----:-----------------
Existing land use(s): PI (Vacant) --~--~-------------------------
Proposed use of site (Project for which this form is filed): pI I (Office/Industrial)
Project Description
10. Sitesize: 3.74 acres ----------------------------------
11. Proposed Building square footage: 55,573 Sq. Ft. ------~---------------------
12: Number of floors of construction: 1-story With mezzanine
13. Amount of off-street parking provided: _1_3_6_s..:...p_a_c_e_s ___________ _
14. Associated projects: None -----------------------------
P-1(0) 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: The project is a
speculative industrial/flex R&D building. The tenant and uses are undetermined. The proposed largest shift
will have approximately 100 employees. Loading is accommodated by (2) loading dock bays and (4) grade
level overhead doors that are screened from view since they are on the sides and rear of the building.
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 0 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. 0 0
27. Site on filled land or on slope of 10 percent or more. 0 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. 0 0
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 ability, and that the facts, statements, and
information presented are true and correct to the best of my kn~ an~ belief
Date I -5 -l Y, Signature/~ Ej ].a {(' R -re..j
For:
P-1(0) Page 4 of 4 Revised 07/10
Raceway Lot 17
ATTACHMENT TO P1(D)
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. The project site is a vacant pad, previously graded with the mass
grading permit approved for the Carlsbad Raceway Business Park project, and generally
slopes at 2% from the southeast corner down to the northwest corner. The site is
topographically suitable for the proposed improvements. Public curb/gutter/sidewalks are
existing along the Lionshead Ave. street frontage. The site is void of any structures and
surface improvements except for an existing siltation basin and storm drain. No
consequential plants and animals are present. The soils are suitable to support buildings on
conventional shallow foundations.
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. The project site is bordered on the north and east by designated
Open Space buffers. The northern Open Space lies south of the City of Vista's southern
border. P-M zoned properties with Planned Industrial land uses. Directly south and west are
P-M zoned properties with Planned Industrial land uses. To the west is an approximately
80,000 sq.ft.. single story, 35ft. tall high bay flex/industrial building with surface parking and
landscaping. To the south across Lionshead Ave. are multiple 32ft. tall high-bay
flex/industrial buildings with surface parking and landscaping. This project incorporates an
average 35 ft. landscape setback along Lionshead Ave. Building wall heights will vary from
32 ft. to 35 ft, and the tilt-wall parapets will serve to screen roof mounted HVAC equipment
from view from the surrounding neighborhood.
i'":C--
(_ City of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1 (E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please c/<11 ( 60) 602-4610. n cJ ~~L /) VVt.t-Applicant Signature: 'I {(
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/1 0
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
1 010 1 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 01/07/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2015-AWP-11749-0E
** DETERlWNATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 ofthe Code ofFederal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building Raceway Lot 16 NW
Carlsbad, CA
33-08-0l.OON NAD 83
117-14-05.00W
405 feet site elevation (SE)
36 feet above ground level (AGL)
441 feet above mean sea level (AMSL)
This aeronautical study revealed that the stmcture does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is( are) met:
It is required that FAA Fom1 7460-2, Notice of Achtal Constmction or Alteration, bee-filed any time the
project is abandoned or:
__ At least 10 days prior to start of constmction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 7017460-1 L.
This determination expires on 07/07/2017 unless:
(a) the constmction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months ofthe date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page 1 of4
NOTE: REQUEST FOR EXTEJ'.TC1TON OF THE EFFECTIVE PERIOD ( ~HIS DETERMINATION MUST
BE E'-FILED AT LEAST 15 DA _ _;PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOT AM) can be issued. As soon as the normal operation is restored, notify the same number.
lfwe can be of further assistance, please contact our office at (425) 227-2625. On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2015-AWP-11749-0E.
Signature Control No: 274579788-277010826
Paul Holmquist
Technician
Attachment( s)
Map(s)
Page 2 of4
(DNE)
~<)PO Map for ASN 2015-AWP-1174' E
Page 3 of4
~ ~ 'tional Map for ASN 2015-A WP-117· )E
Page 4 of 4
~--~----------------------
City of
lstiad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially 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 Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
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 separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: ( 1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets uidance?
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?
YES NO
X
X
If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If ou answered "no" to both uestions, then go to Step 2.
E-34 Page 1 of3 Effective 6/27/13
City of
~---rlsb
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
o determine if your project is a priority development project, please answer the following questions: YES
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public X
develo ment ro ·ects on ub/ic or rivate land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 1 0,000 square feet or more of impervious surface? This includes commercial,
industrial, residential, mixed-use, and ublic develo ment ro·ects on ublic or rivate land.
3. 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 restaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consum lion.
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater.
5. 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 parking lot. A parking lot is a land area or facility for the
tern ora arkin or stora e of motor vehicles used ersona/1 for business or for commerce.
6. 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 street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transporlation of
automobiles, trucks, motorc cles, and other vehicles.
7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA or conveyed in a pipe or open channel any distance as an isolated flow from the
ro ·ect to the ESA i.e. not commin les with flows from ad"acent lands . *
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles erda .
1 O.ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction?
X
X
X
NO
X
X
X
X
X
X
11.ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of X
impervious surface or (2) increases impervious surface on the property by more than 1 0%?
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
information.
E-34 Page2of3 Effective 6/27/13
City of
ai'lsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4,
check the "m ro·ect meets PDP re uirements" box and com Jete a licant information.
fll My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification} requirements may apply to my project. Refer to SUSMP for details.
My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address: -'?~4-"f> l.A f)~s; H~t\-l) A-~ fC.. ..
Applicant
Applicant
Accessor's Parcel Number(s): I 0 "2'2-l-i 8 l-11 -{)
Date: I Wr t.e'
This Box for City Use Only
City Concurrence:
By:
Date:
Project ID:
L YES I NO
I I
* Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas
designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources
Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their
quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
environmentally sensitive areas which have been identified by the Copermittees.
E-34 Page 3 of3 Effective 6/27/13
October 16, 2015
Ben Badiee
Badiee Development Inc.
P.O. Box 3111
La Jolla, CA 92038
Phone: (858)551-7777
Fax:
Title Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Buyer:
Owner:
Property:
Order "'Jmber: NCS-758424-SD
Pag, .mber: 1
First American Title Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam. com
Lynn K. Graham
(858)410-2149
Badiee Development Inc.
Vagha Development LLC
Vacant Land, 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 Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration claus~ all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. 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.
First American Title Insurance Company
Order '1umber: NCS-758424-SD
Pa!;) Jmber: 2
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 Insurance Company
OrdE'" "umber: NCS-758424-SD
Pa£1 Jmber: 3
Dated as of October 13, 2015 at 7:30A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Owner Policy
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:
Vagha Development LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a fee as to Parcel A and an easement as to Parcel B
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 2015-2016.
First Installment: $9,288.13, OPEN
Penalty: $0.00
Second Installment: $9,288.13, OPEN
Penalty: $0.00
Tax Rate Area: 09202
A. P. No.: 221-881-17-00
(Portion of Community Facilities District included)
Affects a portion of said land.
2. General and special taxes and assessments for the fiscal year 2015-2016.
First Installment: $7,687.28, OPEN
Penalty: $0.00
Second Installment: $7,687.28, OPEN
Penalty: $0.00
Tax Rate Area: 09022
A. P. No.: 221-881-18-00
(Portion of Community Facilities District included)
Affects a portion of said land.
Hrst American Title Insurance Company
Order "•Jmber: NCS-758424-SD
Pag, .mber: 4
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Lien (Notice of Annexation) recorded March 14, 2003 as Instrument No. 2003-
0289329 of Official Records.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 3, as disclosed by Notice of
Special Tax Lien recorded November 17, 2005 as Instrument No. 2005-0998003 of Official
Records.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. The terms and provisions contained in the document entitled "Road Maintenance Agreement"
recorded February 16, 1982 as Instrument No. §2-041_53_1 of Official Records.
7. An easement for sewer lines, appurtenances and incidental purposes, recorded October 02, 1986
as Instrument No. 86-441919 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
8. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 11, 2004 as Instrument No. ~QQ~-0109894 of Official Records.
9. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridor(s) Case No: CT 98-10" recorded February 11, 2004 as Instrument No. 2004-0109898 of
Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded May 27, 2004 as Instrument No. 2004-0494021 of Official Records.
11. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded May 27, 2004 as Instrument No. 2004-0494124 of Official Records.
12. An easement for pipes and sewer pipe lines, mains, manholes, sewer lateral pipes and pipe lines,
and all structures incidental thereto and incidental purposes, recorded December 9, 2004 as
Instrument No. 2004-1160412 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
13. An easement for non-exclusive sewer access easement and incidental purposes,
recorded December 9, 2004 as Instrument No. 2004-1160413 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
14. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded January 21, 2005 as Instrument No. 2005-0054704 of Official Records.
First American Title Insurance Company
Order ~'umber: NCS-758424-SD
Pag Jmber: 5
15. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded January 21, 2005 as Instrument No. 2005-0054705 of Official
Records.
16. Abutter's rights of ingress and egress to or from Lionshead Avenue, except at access openings
have been dedicated or relinquished on the map of Map No. !~Ql~ of Tract Maps recorded May
03, 2005.
17. An easement shown or dedicated on the map filed or recorded May 03, 2005 as Map No. 15013
of Tract Map
For: Sight distance corridor, storm drain (access) and incidental
purposes.
18. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of
a Community Facility District and Agreement to Pay Fair Share Cost of CT 98-10" recorded May 3,
2005 as Instrument No. 2005-0371021 of Official Records.
The terms and provisions contained in the document entitled "Amendment No. 1 to Waiver and
Consent to Creation of the Community Facilities District (CT 98-10)" recorded November 4, 2005
as Instrument No. 2005-0964620 of Official Records.
19. An easement for public utilities and incidental purposes, recorded August 29, 2005 as Instrument
No. 2005-0741198 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
20. Covenants, conditions, restrictions and easements in the document recorded October 24, 2005
as Instrument No. 2005-0917104 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 September 12, 2006 as Instrument No.
2006-0647230 of Official Records.
21. The terms and provisions contained in the document entitled "Construction Entry Permit"
recorded March 14, 2006 as Instrument No. 2006-0175672 of Official Records.
22. The terms, provisions and easement(s) contained in the document entitled "Telecommunications
Facilities and Easement Agreement" recorded April 20, 2006 as Instrument No. ~_Q_Q§_:Q~Z_5939 of
Official Records.
23. Easements, Covenants and Conditions contained in the deed from Fenton Raceway LLC, a
California limited liability company, as Grantor, to Opus West Corporation, a Minnesota
corporation, as Grantee, recorded July 07, 2006 as Instrument No. 2006-0481185 of Official
Records. Reference being made to the document for full particulars.
Arst American Title Insurance Company
Ordp· • '•Jmber: NCS-758424-SD
Pag, .umber: 6
24. The terms and provisions contained in the document entitled "Agreement" recorded August 7,
2006 as Instrument No. 2006-0557334 of Official Records.
25. Covenants, conditions, restrictions and easements in the document recorded August 23, 2006
as Instrument No. 2006-0601506 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.
26. Water rights, claims or title to water, whether or not shown by the public records.
27. Rights of parties in possession.
First American Title Insurance Company
Orde• "lumber: NCS-758424-SD
Pa£1 Jmber: 7
1. The property covered by this report is vacant land.
2. 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
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate 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.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
First American Title Insurance Company
OrdP" '\lumber: NCS-758424-SD
Pas .Jmber: 8
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-1), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company 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.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
First American Title Insurance Company
Ordp· ~lumber: NCS-758424-SD
Pas Jmber: 9
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 16 OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FINAL SUBDIVISION MAP NO.
15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON MAY 3, 2005.
PARCEL B:
AN EASEMENT FOR SIGN AREAS, STREET LANDSCAPING AREAS, INSPECTION AND
ENFORCEMENT AND RE-ENTRY DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING
COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON
RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. ?005-0917104 OF OFFICIAL
RECORDS.
APN: 221-881-17-00 and 221-881-18-00
First American Title Insurance Company
Orde• ~lumber: NCS-758424-SD
Pa~ Jmber: 10
The First American Corporation
First American Title Company
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.
First American Title Insurance Company
Orde• '1umber: NCS-758424-SD
Pag Jmber: 11
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
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 those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning;
(c) land use;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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:
(a) and use
(b) improvements on the land
(c) and division
(d) 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.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
First American Title Insurance Company
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Ordp· '1umber: NCS-758424-SD
Pa!:i .amber: 12
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) 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:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
First American Title Insurance Company
Ordp• '\lumber: NCS-758424-SD
Pas Jmber: 13
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
First American Title Insurance Company
OrdF" "'umber: NCS-758424-SD
Pas .umber: 14
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title Insurance Company
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1600701-1 01/07/2016 32
Thu, Jan 07, 2016 03:58 PM
Receipt Ref Nbr: R1600701-1/0018
PERMITS -PERMITS
Tran Ref Nbr: 160070101 0018 0021
Trans/Rcpt#: R0114231
SET #: SDP16002
Amount:
Item Subtota 1 :
Item Total:
ITEM(S) TOTAL:
Check (Chk# 1001)
ta1 Received:
Have a , rn
1 @ $4,550.00
$4,550.00
$4,550.00
$4,550.00
$4,550.00
$4,550.00
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
11111111111111111111111111111111111111111111111111111111111111111
Applicant: CARLSBAD INDUSTRIAL PARK LP
Description Amount
SDP16002 4,550.00
3248 LIONSHEAD AV CBAD
Receipt Number: R0114231 Transaction ID: R0114231
Transaction Date: 01/07/2016
Pay Type Method Description Amount
Payment Check 4,550.00
Transaction Amount: 4,550.00