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HomeMy WebLinkAboutCUP 2017-0011; LONGEVITY PHYSICAL THERAPY; Conditional Use Permit (CUP)(~Cicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Penntts D Coastal Development Permit [!I Conditional Use Permit l!I Minor D Extension D Day Care (Large) OMinor D Environmental Impact Assessment D Habitat Management Permit OMinor D Hillside Development Permit D Minor D Nonconforming Construction Permit □ Planned Development Permit OMinor D Residential D Non-Residential □ Plannlng Commission Determination □ Reasonable Accommodation □ Site Development Plan OMinor □ Special Use Permit □ Tentative Parcel Map (Minor Subdivision) □ Tentative Tract Map (Major Subdivision) D Variance OMinor (FOR DEPT. USE ONLY) Legislative Permits C'AP 1.ur1-001 I D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zona Change □Amendment □Amendment D Zone Code Amendment south Carlsbad Coastal BevtewA,.. ~ D Review Permit D Administrative D Minor D Major Village RevlewArea Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT R£QUIRING APPLICATION SUBMITTAL MUST BE SUBMITTl!D BY APPOltTMENT". PLEASE CONTACT THE APPOlffMENT SPECIALIST AT (780) &02•2723 TO SCHEDULE AN APPOINTiolENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) •SAME DAY APPOINTMENTS ARE NOT AVAILABLE 209-081-39 2719 Loker Avenue west, Suite A, Carlsbad CA 92010 (STREET ADDRESS) Longevity Physical Therapy Application for a Minor CUP to allow an athletic/strength/physical training and rehabilitation ESTIMATED COMPLETION DATE FOR CITY USE ONLY Development No. ~ \) 1-i} \] • 0 l, ~ L Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): C (PLEASE PRINT) Caleb Willis COMPANY NAME (If applicable): Nodal Ventures LLC MAILING ADDRESS: 2719 Loker Ave West, Suite B -------------CI TY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760.498.6861 EMAIL ADDRESS: caleb@willisdomain.com APPLICANT NAME INDIVIDUAL NAME (If applk:able): COMPANY NAME 0 (PLEASE PRINTI Brett Bloom (If applicable): Longevity Physical Therapy MAILING ADDRESS: 1084 N. El Camino Real B-351 CITY, STATE, ZIP: Encinitas CA 92024 TELEPHONE: 760-918-9200 -------------EM A IL ADDRESS: brett@longevityphysicaltherapy.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 /\!'ID 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 FORTH HEREIN IS MY All[HORIZED REPRESENTATIVE FOR PURPOS~·OFTHISAPPLICA.JION. SIG~~✓_i~:::::~z (;::_>z~-·/" D1~~14/2017 ~~ DATE APPLICANT'S REPRESENTATIVE (Print): Patrick Zabrocki ---------------------------MA I LING ADDRESS: 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Car1sbad, CA 92010 ----------------------------------TELEPHONE: 760-929-2288 EMAIL ADDRESS: pzabrocki@hwplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNO~ S~ATURE .o--o1}/t7/z2 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. IM'E 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 THE LAND AND JIND ANY SUCCEj3SORS IN INTEREST. / / c;:~~i-t~i~~fNA~; FOR CITY USE ONLY P-1 Page 2 of6 NOV 1 7 2017 CITY C::: CJ_::\L'.::.~' 'D PLANNING o:v1~-:·:::'~ DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 -[!.! (cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Develop ment Se rvices Plannlng 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 !.Y§! 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 a& a unit• Agents may sign this document; however, the legal name and entity of the applleant 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 Brett Bloom Corp/Pa .._ __________ _ Title Owner, Longevity Physical Therapy Address 1084 N. a c.nm RNI 9,-351 • EncHtaa CA 112024 Tl tie ____________ _ Address ------------ 2. OWNER (Not the owner's agent) ,..._ -= ('J t- ..-4 > C> :z: Provide the COMPLETE, LEGAL names and addresses of & 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 Cl HAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE < PACE BELOW. If a publjcly-owned corporation. include the names, titles, and ~ = ddresses of the corporate officers. (A separate page may be attached if necessary.) _j> ~ -erson Caleb Willis Corp/Part Nodal Ventures LLC o itle Owner, Nodal Ventures LLC Title LL _ -------------- >-Q ~ddress 2719 Loker Ave West, Suite B Address ~< ------------ 0 c5:Carlsbad, CA 92010 P-1(A) Page 1 of2 Revised 07/10 C 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above Js a nonprofit organjzatjon 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/Tri 1st 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 D No If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. '7 /4 ' , '(.z0-,~ ~A?t?~- Signature of owner/date Signature of applicant/date Caleb Willis Brett Bloom Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Patrick Zabrocki -Howes, Weiler & Associates Print or type name of owner/applicant's agent P·1(A) Page 2of2 Revised 07/10 {'city of Carlsbad PROJECT DESCRIPTION P-1{8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: LONGEVITY PHYSICAL THERAPY APPLICANT NAME: BRETT BLOOM 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: See attached Project Description. P-1(8) Page 1 of 1 ,..CF= r:-~ NOV 1 7 2017 c rT, Gr c-,1 r L~ v.r D -U.1 I ING UIV\S\O, 1 Revised 07/10 0 LONGEVITY PHYSICAL THERAPY Application for a Minor Conditional Use Permit City of Carlsbad Project Description November 2017 This application is for a Minor Conditional Use Permit to allow an athletic/strength/physical training and rehabilitation business located at 2719 Loker Avenue West A in the Promontory Business Park, within the PM Zone in the City of Carlsbad. The applicant is proposing to occupy Suite A which is approximately 4,015 square feet. Background The applicant is proposing to move into the proposed location within the PM Zone because the Carlsbad Municipal Code allows for athletic/strength/physical training and rehabilitation facilities subject to obtaining a Minor Conditional Use Permit in the PM zone. Description of Services Longevity Physical Therapy offers one-on-one athletic/strength/physical training and rehabilitation programs. Many clients are under the supervision of an off-site physician, and other clients arrive after suffering sport-related injuries that don't require a physician's referral. Longevity Physical Therapy is not a gym and they do not have any group-related activities. The one-on-one physical training programs are typically about an hour per client. The number of clients on hand at any one time is very low due to the one-on-one training that is provided and the amount of space required for the specialized training. Operational Plan Hours of Operation Longevity Physical Therapy will typically be open Monday through Thursday from 7 a.m. to 7 p.m., Friday from 7 a.m. to 5 p.m. and will be closed on the weekends. Individual appointments are scheduled during normal operating hours. Clients Based on current operations of other locations, it is anticipated that four clients would be receiving one-on-one instruction at a given time. Clients typically receive physical training for approximately one hour a day, 1-2 times a week. Longevity Physical Therapy -MCUP 1 Project Description Staffing It is anticipated that a total of five employees will be hired to staff the facility with four trainers and one administrative employee staffing the reception area. Facilities The facility is comprised of a reception/check-in area, a physical rehabilitation and training area, office area, a storage room, two restrooms, a shower room, and an employee break room. Parking The parking lot for the Promontory Business Park site has 220 parking spaces. Through the CC&R's for the Promotory Business Park, each building has a specific allocation of reserved parking spaces. The Project building (2719) has been allocated a total of 22 reserved parking spaces, as shown in the site plan provided in the project submittal package. According to the Carlsbad Municipal Code -Chapter 21.44, the number of parking spaces required for a "gym or health spa" facility is 1 space per 200 square feet and the number of parking spaces required for administrative/office space is 1 space per 250 square feet. However, Longevity Physical Therapy is not a typical gym because the training is conducted as a one-on- one format and requires a higher amount of space per client to accommodate the specialized training. Therefore, the parking analysis was performed based on the operations of the facility. Since there will be one trainer/physical therapist per client, the parking demand is based on the maximum number of clients possible at any one given time plus the demand for an office administrative employee. Based on the current operations of the two existing Longevity Physical Theraphy locations in Carlsbad and the Mission Gorge Area in the City of San Diego, the proposed operations would allow four clients to be served at any given time. Conversely, four trainers would be required to meet the client demand with one administrative employee staffing the reception area. Therefore, the parking demand based on the proposed operational capacities would require a total of nine spaces. Traffic Based on the San Diego Association of Governments' (SANDAG) Guide of Vehicular Traffic Generation Rates for the San Diego Region, the classification for "Health Club" {30 trips/1,000 sf) has been used to determine potential traffic generation as a worst case scenario. The weekday generation rate for the 4,017 facility would be 134 trips which is far below the 500 daily trip threshold to require the preparation of a Circulation Impact Analysis. Noise Noise will be minimal. All activities will be held indoors and loud music is not allowed. Longevity Physical Therapy -MCUP 2 Project Description 0 McClellan-Palomar Airport Land Use Compatibility Plan Land uses on this site are based on the uses permitted by the approved March 4, 2010 McClellan- Palomar Airport Land Use Compatibility Plan (CLUP). In accordance with the 2010 CLUP, the site is located in Compatibility Zone 6 which places no restrictions on land uses other than large outdoor stadiums and would allow all land uses permitted by right or subject to approval of a Conditional Use Permit in the PM Zone. Parking Allocation Table BUILDING B SQUARE FEET SPACES Suite A -Longevity 4,015 9 Suite B/C -Nodal Ventures, LLC 7,217 7 Suite D -Culver Brewery 3,280 6 TOTAL 14,512 22 Longevity Physical Therapy -MCUP 3 Project Description I LONGEVITY Mr. Don Neu Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Ill ■ physical therapy SUBJECT: CUP (2017-0011 (DEV2017-042) -Longevity Physical Therapy-Additional Operational Information I am preparing this letter to provide you with more information regarding my past and current business operations at Longevity Physical Therapy in addition to the information provided in our original application and on our current website. I am hopeful that the information contained in this letter will help demonstrate that my Carlsbad location is focused on physical training and conditioning. Longevity Physical Therapy was founded in 2010 and has evolved tremendously over the last eight years. We opened our first two locations (Encinitas and Mission Valley) in 2011. These two locations were designed and marketed to prospective clients as clinics which are unlike any physical therapy previously experienced. While creating these unique clinics, my former business partner and I decided to contract with a small panel of insurance companies to help open the "experience" to more clients. We also launched our first Longevity Physical Therapy webpage in 2011. Although Longevity Physical Therapy has evolved over the last eight years, our website does not adequately detail this evolution. I would like to elaborate on the creation of our 3"' location, Longevity Physical Therapy-Carlsbad, and help provide a clearer understanding of exactly how we have been operating over the last 4 years in Carlsbad that is different than the Mission Valley location (Encinitas location was closed in 2015). After the Affordable Care Act began to roll out in 2013, Insurance reimbursements began to dramatically decrease. At this time, it was obvious that if Longevity Physical Therapy was to stay competitive, we needed to open a new location that could focus on cash pay and professional athlete's workers compensation performance training with the best educated providers-Physical Therapists. In January of 2014, we opened our 3·' location, Longevity Physical Therapy@ Prolific Athletes at 2077 Las Pal mas Drive, Carlsbad, CA 92011. My specific vision for this location was to become the premier training, performance, and conditioning facility in North County San Diego. Quickly after moving into this 14,000-sq. foot state of the art training facility we began to accomplish this vision. Longevity Physical Therapy worked closely with Ryan Flaherty, owner of Prolific Athletes, to attract and train local clients of all ages and talents. While Ryan worked on the client's speed and agility, Longevity Physical Therapy worked on gaining strength, mobility, and injury prevention activities. Our version of training and conditioning is CARLSBAD-NORTH COUNTY 2077 Las Palmas Drive, Carlsbad, CA 92011 Phone: 760-918-9200 • Fax: 760-918-9203 MISSION GORGE-SAN DIEGO 4635-B Mission Gorge Place, San Diego, CA 92120 Phone: 619-501-9037 • Fax: 619-501-9038 LONGEVITY Ill ■ physical therapy based on individualized 1:1 sessions designed to develop strength, flexibility, agility, power, and range of motion necessary to achieve optimal performance. The specific high-level techniques that we use help these athletes reduce the severity of injury and decrease recovery times after injuries occur; which ultimately prolongs their careers. While Longevity Physical Therapy -Carlsbad works with clients of all ages and performance levels, we began to attract more and more professional athletes. mention this type of cliental only because during the off-season, professional athletes are not looking for a "medical facility''. These athletes are looking for a facility that can optimize performance. Athletes can obtain care from a medical provider from their teams. Athletes in their offseason are looking to train to improve performance and maintain a high level of conditioning to reduce injuries. Training athletes during the offseason is a very "non-medical" environment. On his website, Ryan describes his collaboration with Longevity at the Carlsbad location as" .... a sports performance facility in San Diego where athletes including Serena Williams, Russell Wilson, and hundreds of other professional athletes came to train." Over the last 4 years, Longevity Physical Therapy has been practicing in a way consistent with the description on the Conditional Use Permit application. A few recently incorporated physical therapy companies have been granted a CUP by describing how they intend to treat their clients. Longevity is different in that we have actually been performing exactly this function for four years under a business license granted by the City of Carlsbad. Admittedly the website for Longevity Physical Therapy does not ideally describe our business transformation in 2014. We continue to have insurance carriers listed on our website simply because our location in Mission Gorge is based on our pre-2014 business model. Updating our website has not been our top priority since 2014. Creating a successful new business model for our Carlsbad location has been our primary focus since we adapted our vision in 2014. Our new website targeted to come online in March 2018 will demonstrate the different focus of our two locations. Our Mission Gorge location serves a surrounding population that does not include many residences of professional athletes. This population prefers a similar 1:1 training and injury prevention focus while electing to use their insurance benefits. In comparison, the Loker Avenue location is situated in a demographic of athletes and executives that specifically desire individualized and innovative 1:1 performance training. Longevity Physical Therapy is not attempting to recreate ourselves at the new location on Loker Avenue. We successfully accomplished that in 2014. Moving to the new location was necessary because our collaboration with Prolific Athletes had run its course as Ryan moved his operations to Nike headquarters in Beaverton, OR and because of critical feedback from our professional population. Our athletic population CARLSBAD-NORTH COUNTY 2077 Las Palmas Drive, Carlsbad, CA 92011 Phone: 760-918-9200 • Fax: 760-918-9203 MISSION GORGE-SAN DIEGO 4635-B Mission Gorge Place, San Diego, CA 92120 Phone: 619-501-9037 • Fax: 619-501-9038 LONGEVITY Ill ■ physical therapy asked for a more intimate setting in which they could have focused 1:1 performance training with other similar athletes rather than sharing space with youth sports teams which require larger space demands. Longevity Physical Therapy's new location at 2719 Loker Avenue is optimal for us to provide just the type of training environment our athletes request. As you can see on the floor plans that we provided as a part of the Conditional Use Permit, 75% of the area is open. This open area is a vital component of the training sessions that we provide. Medical, dental, chiropractic and healing centers use individual examination rooms for the privacy of their patients. We do not have examination rooms, we do not administer drugs, we do not prescribe medication, we do not have ultra sound, electronic stimulation, x-ray, or other devises that are used by the medical profession. We need the larger open areas to incorporate the training and conditioning techniques that we use to help our clients increase their athletic performance, maintain conditioning, and recover from injury in a non-medical manner. Longevity Physical Therapy is simply requesting a Conditional Use Permit at a new location to continue treating our clients exactly how we have been treating them for the last 4 years. I appreciate the work and consideration taken by you and your staff and I look forward to discussing this with you further in person soon. Sincerely, Brett Bloom Longevity Physical Therapy CARLSBAD-NORTH COUNTY 2077 Las Palmas Drive, Carlsbad, CA 92011 Phone: 7 60-918-9200 • Fax: 7 60-918-9203 MISSION GORGE-SAN DIEGO 4635-B Mission Gorge Place, San Diego, CA 92120 Phone: 619-501-9037 • Fax: 619-501-9038 (Ci f ear1sti-dd HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannll'II Division 1635 Faraday Avenue (760) 602-4610 www.c.lsbadca.gov Conlultation of Lists of Sites Related to Hu.ardous Wastes (Certification of Compllance with Government Code Section 65962.5) Pursuant to State of Cellfornla 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): ~ The development project and any altematlws proposed In this application -, not contained on the Hats compiled pursuant to Section 66962.6 of the Stats Govemment Code. D The development project and any alternatives proposed in this application D contained on the lislB compRed pursuant to Section 66962.5 of the State Gowmment Code. APPLICANT Name: Brett Bloom, Longevity .Physical Therapy Addntss: 1084 N. El Camino Real B-351 Encinitas, CA 92024 Phone Number: 760-918-9200 PROPERTY OWNER Name: Caleb Wlllls, Nodal Venturas LLC Address: 2719 Loker Ave West, Suite B Carlsbad, CA 92010 Phone Number: 760.498.6861 Addressotstte:2719 Loker Avenue West, Suite A, Carlsbad CA 92010 Local Agency (City anc1 C<urty): City of Carlsbad, San Diego County Alrmor'• book, page. anc1 pan=e1 number:._2_0_9-0_8_1-_3_9 _________ _ Speclfylst(s):._N_A ____________________ _ Regulatory Identification Number:._N_A ________________ _ Date of Lilt: NA ·----------------------- ~ 8f.w.:n 11b&h~ i,icantSlg1'181ura1Da1a Property Owner Signatura/Da18 The Hazardous Waste and Subatances Sites List (Cortese List) Is used by the State, local agencies and developers to comply with the carlfomla Environmental Quality Act requirements in providing lnfonnatlon about the location of hazardous materials release altes. r:--r-~•* ... -J .._ .~ •-• . .I , . '"· P-1(C) Page 1 af2 NOV 1 7 2017 Revlled02/13 GEO TRACKER = Siles dnd F ac 1l1l1es ... I 2_1_1_9_L_ok_e_r _Av_e_n_ue_w_e_st._ea_r1_s_ba_d_c_A_92_0_1_0 ____ _,IA-4,£f ".s, B Clo■nup S1IH -.,, ■ LUST Cleanup Srtu ■ Cle3"up Program Siles ~ 0 Military C~nup S<tu f.. A DTSC Cleanup S~H ~ B Perm1t11d F1c1ht1es D wa,te Otscllafge Requwemenos (WOR)SrtN u ■ Ptrmrtted UST,· !lfil ..J b,. DTSC Huardous Waste s,tes ■ Land Oisposal srt .. ■ irngaled lands Regulal<><y PrognmSrtH ■Oil GnSi1es 13 Other S1111 □ Proiect Sites D NM-C ... lnformauon Sites □ Sampling Potnts • Public 0 F,eld PoinlS StarbucksQ • Ifill Palomar Airport Rd 181 SIGNIRES A CLOSED SITE 0 Toole; C Map Cove,dge'.> Slater l'I • TN<EAIP\11 VIEWQNGAMA Lowe'sHo~o BRESSI RANCH COAST WASTE MANAGEMENT INC DANIELS CABJ,£y)SION INC DAN ELS CABLEVISION INC EVANS POINT PALOMAR fOB\/M WESTERN FLIGHT INC TD607384224 TD607302662 TD6073022.42 T0608178362 T0608115907 T0607313329 TD607300994 COMPLETED • CASE CLOSED COMPLETED -CASE CLOSED COMPLETED· CASE CLOSED COMPLETED· CASE CLOSED COMPLETED· CASE CLOSED COMPI.ETEO • CASE CLOSED COMPLETED-CASE CLOSED • '658 PALOMAR AIRPORT RD 5960 EL CAMINO REAi. 5720 EL CAMINO REAL 5720 El CAMINO REAi. NONE EL CAMINO REAL 3100 PALOMAR AIRPORT RD 2210 PALOMAR AIRPORT RD OptumRxCl) 3:: p. 3-t"°-'lc• <I ,; 5? 0 Planning Center Online Rand'OCI' ,o f SatelMe + Craft ENVIROSTOR Cleanup Sites ■ Federal Superfund ., ■ State Response " ■ Voluntary Cleanup ., D School Cleanup " ■ Evaluation ~ D School lnvestigatJOn G!. ■ M~itary Evaluation " 0 Tiered Permit ■ Corrective Action Permitted s,tes ., • Operating 0 Post-Closure " 0 Non-Operating Other Sites GIS Layers C Toul5 JAKEAIM SHABE IHJS MAP 2719 Loker Avenue West, car1sbad CA HHHi 0 Rancho Carlsbad F,, Owners· Assoc,auon I/ V ■ Polnsellla Park I REFER RWCICB ClOSED NO.ICTIONREOUREO REFER 1248LOCAL~ ~ -1\EEDS e#II.UAT10N INACTIIIE-1\EEDS e#II.UATIOI CI.OSED D McClellan-Palomar Airport 0 t i Alga Norte Community Parle CORRECTIIIE ACTION NON-OPERATING SCHCXll INVESTIGATION EVIILUATION MIUTARY EVALUATlON T1ERfD PERMIT NON-OPERATING 1 ROR 5600A\1:N10A ENCINAS 5600 MNIOA ENCINAS C0U.EGE BOUl.f\lMOITAAWW:l( AIEMJE 5175 EL CAAINO REAi. 6070A-..arueNIOAENCINAS 6155 EL CAAINO REAi. t.. D ~, Map satelln• <lt,"17. "~ 4" / La ~,\, • Edwa camp Pendleton Maine ~rps Base Palotner ~,~ Mountain 79 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ) \ / l -=f /l]: (To be completed by City) l Application Number(s): Cup 2-01::, -l) 0 \ \ General Information 1. Name of project: Longevity Physical Therapy 2. Name of developer or project sponsor: _B_r_e_tt_B_l_o_o_m ____________ _ Address: 1084 N. El Camino Real B-351 City, State, Zip Code: Encinitas CA 92024 Phone Number: 760-918-9200 3. Patrick Zabrocki, Howes, Weiler & Associates Name of person to be contacted concerning this project: ___________ _ Address: 2888 Loker Avenue East, Suite 217 City, state, Zip Code: Carlsbad, CA 92010 Phone Number: 760-929-2288 4_ Address of Project: 2719 Loker Avenue West, Suite A, Carlsbad CA 92010 Assessor's Parcel Number: 209-081-39-01 --------------------- 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: NA 6. Existing General Plan Land Use Designation: Planned Industrial (Pl) 7. Existing zoning district: Planned Industrial (PM) 8. Existing land use(s): Manufacturing and warehousing 9. Proposed use of site (Project for which this form is filed): Athletic/Strength/Physical Training and Rehabilitation Facility Project Description 10. Site size: _4_,_0_1_5 _______________________ _ 11. 12: 13. 14. P-1(D) Proposed Building square footage: _4_,_0_1_5 _______________ _ Number of floors of construction: _1 __________________ _ Amount of off-street parking provided: _9 ________________ _ Associated projects: _N_o_n_e ____________________ _ 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: It is eSUmated that a maximum of 5 staff members will be employed per shift. No loading facilities are needed for this use. 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: ___________________ _ Athletic/strength/physical training and rehabilitation facilities are required to process a MCUP in the PM zone. P-1(0) 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 □ @ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ @ roads. 22. Change in pattern, scale or character of general area of project. □ @ 23. Significant amounts of solld waste or litter. □ @ 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ @ 25. Change In ocean, bay, lake, stream or ground water quality or quantity, or □ @ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels In the vicinity. □ @ 27. Site on filled land or on slope of 10 percent or more. □ [2] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [21 flammables or explosives. 29. Substantial change In demand for municipal services (police, fire, water, sewage, □ [2] etc.). 30. Substantially inaease fossil fuel consumption (electricity, oil, natural gas, etc.). □ @ 31. Relationship to a larger project or series· of projects. □ [2] Envlronmental Setting Attach sheets that include a response to the fol/owing questions: 32. Describe the project site as It exists before the project, including Information on topography, soil stability, plants and animals, and any cultural, hlstork:al 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 lnfonnatlon on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (resldentlal, commerclal, etc.), Intensity of land use (one-famny, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polarold photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and lnfonnation required for this inltlal evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: lt/t-s/r:,-Signature::E.,,ixJ ~ For: P-1(0) Paga 4 of 4 Revised 07/10 EIA INFORMATION FORM Longevity Physical Therapy Environmental Setting 32. The project site is at the Promontory Business Park which has been developed with a total of six buildings. The proposed project would be within Suite A (4,015 square feet) of the building located at 2719 Loker Avenue West. The Promontory Business Park is a flat and large building pad with existing landscaping and parking that is devoid of cultural, historical or scenic qualities. Please see photographs of the building in Attachment A-Site Photographs. 33. The other businesses in the business park are used for warehousing, manufacturing, distribution, and research and development. The surrounding properties are all developed with buildings utilized by industrial and manufacturing uses with the exception of commercial uses to the southwest at the Carlsbad Oaks Business Center. All surrounding properties contain existing landscaping and parking lots and are devoid of cultural, historical or scenic qualities. Please see photographs of the surrounding properties in Attachment A-Site Photographs. ATTACHMENT A: LONGEVITY PHYSICAL THERAPY -SITE PHOTOGRAPHS Photo 1: View of north side of building Photo 2: View of west side of building Photo 3: View of south side of building Photo 4: View of east side of building ATTACHMENT A: LONGEVITY PHYSICAL THERAPY-SITE PHOTOGRAPHS (cont.) Photo 5: View of property to the north Photo 6: View of property to the west Photo 7: View of property to the south Photo 8: View of property to the east (Cifyof 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 oompletlon letter. If you have any questions regarding appllcatlon submittal requirements (I.e., clarlflcatlon regarding a spectflc requirement or whether all requirements are necessary for your partlcular appllcatlon) please call (760) 602-4610. Applicant Signature: ~~ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 C a~of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Enaineering 1635 Faraday Avenue (760} 602-2750 www.carlsbadca.gov I 1NSTRUCTrlONS: 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 Csrtsbad 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 detennining 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. PROJl:CT INF'OIIIATION ~ PROJECT NAME: Longevly Physical Therapy Minor Conditional UN Permit PROJECT ID: ADDRESS: 2719 Loker Avenue West, Suite A, Carlsbad CA 92010 APN: 209-081-39 The project is (check one): D New Development IX) Redevelopment The total proposed disturbed area Is: NIA ft2 ( NIA ) acres The total proposed newly eteated and/or replaced impervious area is: NIA ft2 ( NIA ) acres If your project Is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID Then, go to Step 1 and follow the instructions. application to the city. E-34 SWQMP#: When completed, sign the form at the end and submit this with your Page 1 of 4 R FIV NOV 1 7 2017 CITY OF CARLSBAD PLANNING DIVISION REV 02/16 YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building OO D or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered •yes• to the above question, provide justification below then go to Step 5, mark the third box stating •my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project Includes only interior remodels within an existing building): The proposed project includes only interior remodels within an existing building. If 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: 1. Constructing new or retrofitting paved sidewalks, blcycie 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; b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces In accordance with USEPA Green Streets uldance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? YES NO □ □ □ □ □ □ If you answered •yes· to one or more of the above questions, provide diacuaalon/justlfication below, then go to Step 5, mark the second box stating ·my project ia 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 REV04/17 --~~r] -• -;·, ·I\ '::-.,i'_=-;},. -,---.-~-,, y--,T. "' -~ ,l~YI[~<_, ~--I;-~_,,;.::,) .r;.'.,.,jl', ': I' '!:;,.' (';I :1 :-·. "·, -~i:ra ... r,..Jt ~f/;.,;\c>}j_:={c;;r:-:, ------·-----------~-. To detennine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )}: YES NO 1. Is your project a new development that creates 10,000 square feet or more of Impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and DUb/lc develooment,.,. _;_~-on oub/Jc or Drivate 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 □ D more of impervious surface? This includes commercial, Industrial, residential, mixed-use, and public develooment ,xoiects 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 faclllty that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for Immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ develooment croject Includes develooment on anv natural slooe that is twentv-flve oercent or areater. 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 D □ 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 □ D site? A street, road, highway, freeway or driveway Is any paved Impervious surface used for the transportation of automobiles, trucks motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? •Discharging Directly to• includes flow that is conveyed overlend 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 oroiect to the ESA (i.e. not comminaled with flows from ad/scent lands}.• 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop Is a facility that is categorized in any one of the follow;ng Standsrd Industrial Classification (SIC) codes: 5013 5014 5541. 7532-7534 or 753~7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of Impervious area that supports a retail gasoline outlet {RGO)? This category includes □ □ RGO's that meet the follow;ng criteria: (a) 5,000 square feet or more or (b) a project Average Dally Traffic (ADn of 100 or more vehicles oer day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impervious surface or (2) Increases impervious surface on the property by more than 10%? (CMC 21.203.040) If you answered "yes" to one or more of the above questions, your project Is a PDP. tf your project is a redevelopment project, go to step •· If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... • and complete applicant lnfonnetion. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "Mv project is a 'STANDARD PROJECT' ... • and comclete aoolicant information. E-34 Page 3of4 REV04/17 4 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 a-eatecl 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 inpervious 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 D My project ts a PDP and must comply 'Nith PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of appllcatlon. □ 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-3ff' 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. IX) My Project Is NOT a 'development project' and is not subject to the requirements of the BMP Manual. AppUcant Information and Signature Box Applicant Name: _B_rett __ B_loom ___________ _ Applicant Title: Owner, Longevity Physical Therapy Applicant Signature: 3~ ~ Date: __ ll_lj~~/_17-_· ______ _ • Environmentally S..IIIYe ArNa Include but are not lmltecl ID all n WIil• Id. Section 303(d) Impaired water bodlea; al'NI dellgnatad as ArNa of Special Biologlcal S"'1flcance by the State Waw Rlleourcee Cordn:11 Board (Water Cualty Conlrol Plan for the San Diego Bain (191M) and amendments); _..r bodies dNlgnated with the RARE benellclal use by the Slate Water Reaot.rces Conlnll Board (Water Qually Control Plan for the San Diego Basin (1994) and 111Tl91dnenta); a-designated as Pf9NN8I or flelr equivalent under the MIAli Spec:iN Conlalvatlon Program within tie CltlN and County of San Diego; Habilat Management Plan; and any olher equlvalert envfl'Dlimentally WllltiYe arw which haw bw'I ldeldled by the Qty. This Box for CJtv Uae Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4of4 REV04/17 @Chicago Title Company ISSUING OFFICE: 2365 Northside Drive, Suite 600, San Diego, CA 92108 November 10, 2017 Nodal Ventures, LLC, a California limited lilability company 2719 Loker Ave., West, Ste. B Order No.: 00076718-004-DD- CFU Carlsbad, CA 92010 Property Address: Seller: Buyer: 2719 Loker Ave W Unit A, Carlsbad, CA 92010 Thomas Rhatigan and Kathleen Rhatigan Nodal Ventures, LLC, a California limited lilability company We appreciate the opportunity of being of service to you. Please call us immediately if you have any questions or concerns. Sincerely, Chicago Title Company Escrow Contact: Della DuCharme ( 6 I 9) 230-6363 della.ducharme@ctt.com Title Contact: Ken Cyr & Mark Franklin (619) 521-3673 TeamCyrFranklin@ctt.com C 0 @Chicago Title Insurance Company POLICY NO.: CA-FBSC-IMP-72472-1-17-00076718 POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount oflnsurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Chicago Title Insurance Company Countersigned: ~ By:----=------- Authorized Signature • By . Rii,c1y diiiik. Piiiliieiit AIIHI: /4-- 72472 CLTA Standard Coverage-1990 (04-08-14) Pagel © Callfornla Land Tltle Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 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 are expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulations (including but not limited to building or 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 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 claim, which arises out of the transaction vesting in the insured the estate of interest insured by this 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. 72472 CLTA Standard Coverage-1990 (04-08-14) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C 0 Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 CONDITIONS AND STIPULATIONS I. Definition of Terms. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes: (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (iv) Subject to any rights or defenses the Company would have had against the named insured, A) the spouse of an insured who receives title to the land because of dissolution of marriage, B) the trustee or successor trustee of a trust or any estate planning entity created for the insured to whom or to which the insured transfers title to the land after the Date of Policy or C) the beneficiaries of such a trust upon the death of the insured. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner ofan insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (t) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or . referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. ( c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by an governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim to be Given by Insured Claimant An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid ( i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company 72472 CLTA Standard Coverage -1990 (04-08-14) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. -Order No.: 00076718-004-DD-CFU may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount oflnsurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owning thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any 72472 CLTA Standard Coverage -1990 (04-08-14) © California Land Title Association. All rights reserved. -Policy No.: CA-FBSC-IMP-72472-1-17-00076718 costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination and Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 ( c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. ( d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or ( ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of Page 4 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C Order No.: 00076718-004-DD-CFU title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof ofloss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or 0 Policy No.: CA-FBSC-IMP-72472-1-17-00076718 release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this pol icy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section J(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section l(a)(i) of these Conditions and Stipulations. 13. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out ofor relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim ofloss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 72472 CLTA Standard Coverage-1990 (04-08-14) Page 5 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 SCHEDULE A Order No.: 00076718-004-DD-CFU Policy No.: CA-FBSC-IMP-72472-1-17-00076718 Amount oflnsurance: $675,000.00 Premium: $2,012.00 Date of Policy: November 1, 2017 at 3:22 p.m. I. Name oflnsured: Nodal Ventures, LLC, a California limited lilability company 2. The estate or interest in the land which is covered by this policy is: A CONDOMINIUM, as defined in Sections 783 and 4 I 25 of the California Civil Code, in fee 3. Title to the estate or interest in the land is vested in: Nodal Ventures, LLC, a California limited lilability company 4. The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. 72472 CLTA Standard Coverage -1990 (04-08-14) Page 6 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 0 Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A CONDOMINIUM COMPRISED OF: PARCEL 1: AN UNDIVIDED 114TH FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE COMMON AREA (AS DEFINED IN THE DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED OCTOBER 24, 2006 AS FILE NO. 2006-0753395 OF OFFICIAL RECORDS "DECLARATION"), AS SHOWN ON THE CONDOMINIUM PLAN OF 2719 LOKER AVENUE WEST, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 2006 AS FILE NO. 2006-0753394 OF OFFICIAL RECORDS ("CONDOMINIUM PLAN"), WHICH IS LOCATED WITHIN: LOT 3 OF PARCEL MAP NO. 19517, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 30, 2004. EXCEPTING THEREFROM TOGETHER WITH THE RIGHT TO GRANT TO OTHERS ALL MINERAL, OIL AND GAS RIGHTS BELOW THE DEPTH OF 500 FEET BELOW THE SURF ACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY. EXCEPTING THEREFROM THE FOLLOWING: ALL UNITS AS SHOWN ON THE CONDOMINIUM PLAN ABOVE REFERRED TO. PARCEL 2: UNIT NO. 1-1 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN. APN: 209-081-39-01 72472 CLTA Standard Coverage -1990 (04-08-14) © California Land Title Association. All rights reserved. Page 7 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 SCHEDULEB 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: PART I 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. Proceedings by a public agency which 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 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 72472 CLTA Standard Coverage-1990 (04-08-14) Page 8 © California Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. C 0 Order No. 00076718-004-DD-CFU Policy No. CA-FBSC-IMP-72472-1-17-00076718 SCHEDULEB EXCEPTIONS FROM COVERAGE PART II A. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Tax Identification No.: Fiscal Year: l st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 209-081-39-001 2017-2018 $4,009.44 PAID $4,009.44 open (Delinquent after April 10) $410.94 None 09013 B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 11, 1985 Recording No: 1985-378668 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument provides or establishes: A 30' Landscape maintenance area as set out in Parcel map 19517 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company underground facilities and above ground structures and incidental Purposes February 16, 1989 1989-81931 of Official Records The exact location and extent of said easement is not disclosed of record. 3. An agreement to which reference is hereby made for full particulars, regarding drainage fees a required by the growth management program and the adopted local facilities management plan for Zone 5 -Sunnycreek drainage area, recorded April 12. 1990 as file No. 90-198968 ofofficial records. As of the date of Said Agreement, Promontory Business Park Partners, a California Limited partnership, referred to therein as developer, had no record interest in the Land. 4. A document entitled "Notice of Restriction on Real Property ", dated May 18, 2004, executed by the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 27, 2004 as file No. 2004-0493898, official records. 72472 CLTA Standard Coverage-1990 (04-08-14) Page 9 © Callfornla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 00076718-004-DD-CFU SCHEDULE B -Part II (Continued) Policy No.: CA-FBSC-IMP-72472-1-17-00076718 5. A document entitled "Notice concerning Aircraft Environmental Impacts", dated April 8, 2004, executed by Pacific star-essex Carlsbad, LLC, a Limited Liability Company, subject to all the terms, provisions and conditions therein contained, recorded May 27, 2004 as file No. 2004-0493901, official records. 6. Provisions, herein recited, of the dedication statement on the parcel map No.: provisions: 19517 As follows: All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Existing public water mains, fire hydrants and other appurtenances. 7. Covenants, conditions and restrictions (but omitting therefrom any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, if any, unless and only to the extent that said Covenant (A) is exempt under Chapter 42, Section 3607 of the United States Code or (B) relates to handicap but does not discriminate against handicapped persons) as set forth in the document. Recorded: July 21, 2004, as Document No. 2004-0681956, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 2, 2013 Recording No: 2013-346829 of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: February 27, 2017 Recording No: 2017-092541 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any Mortgage or Deed of Trust made in good faith and for value. 8. An easement for the purpose shown below and rights incidental thereto as reserved in a document (no representation is made as to the present ownership of said easement) Purpose: Recorded: Affects: As set out in the covenants, conditions and restrictions recorded June 30, 2004, as file No. 2004-0681956, Official records March 30, 2005 as File No. 2005-0256726, Official Records The exact location and extent of said easement is not disclosed of record. Said easement has been conveyed and/or reserved in various other instruments of record. 9. A document entitled ''Notice of Restriction on Real Property", executed by Promontory Trad and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded October 6, 2006 as file No. 2006-0714465 ofofficial records. 72472 CLTA Standard Coverage-1990 (04-08-14) Page 10 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C Order No.: 00076718-004-DD-CFU 10. Intentionally omitted. SCHEDULE B -Part II (Continued) Policy No.: CA-FBSC-IMP-72472-1-17-00076718 1 I. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law as set forth in the document Recorded: October 24, 2006 as File No. 2006-0753395 of Official Records Note: If you should request a copy of the document referred to above, the California Government Code Section 12956.1 requires that a county recorder, Title Insurance Company, Escrow Company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and Federal Fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the 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. 12. Intentionally omitted 13. Intentionally omitted 14. Intentionally omitted. 15. Water rights, claims or title to water, whether or not disclosed by the public records. 16. Intentionally omitted. 1 7. Intentionally omitted. 18. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $621,500.00 October 23, 2017 Nodal Ventures LLC, a California limited liability company American Securities Company, a Corporation Wells Fargo Bank, National Association Not referenced November 1, 2017 2017-0510889 of Official Records 72472 CLTA Standard Coverage-1990 (04-08-14) Page 11 © Callfomla Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 09 .... ,.,, _ _.,, .00 I t-CT1: a.u. M.JIUGO "'I£• 9".C wa~ ,.O"CM Sf'Aa'. :rf:<NDO !TltllOX!lt•Vl~!;WUT ON,F~~ --(IU.::,,q''I 209-08 SHT 1 Of' ◄ @ SHT 3