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Home My WebLink AboutCUP 2020-0002; COMPANION ANIMAL WELLNESS CENTER; Conditional Use Permit (CUP)Ccicyof Carlsbad l LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Minor ~ Conditional Use Permit ~ Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits c,11( 7,,,02,,o ... oo, 0 General Plan Amendment 2-□ □ □ Local Coastal Program Amendment Master Plan Specific Plan 0 Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SU BM ITT AL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE (STREET ADDRESS) Co~JPBN10N ,/f)1I rmM Wt:JLN~> U!NTM-oF Ct+,us~ , 00®JJ frf/>fDVAt--1~ THe ltu.s1l10Plf-V@t.mNArvAI 1-1ospt?Jt,, ESTIMATED COMPLETION DATE Development No. ►€ V 2-o io -0 I f ( Lead Case No. P-1 Page 1 of 6 Revised 03/17 .. I OWNER NAME (Pl.EASE PRINT) I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH REIN I MY AUTHORIZED REPRESE ATI FOR PURP HIS ,V'.Pl~,rQN APPLICANT'S REPRESENTATIVE Prin APPLICANT NAME I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ 3111/;}.() DATE MAILING ADDRESS: :3vo C ~~.::::.z.~~~~u..i.~...r.u.~~LJC::::;.._..w=:;.i;~--,/,....L----___,;~::i:::::=:t:::::::__L CITY, STATE, ZIP: Ctn,> 1 2LX,) TELEPHONE: EMAIL ADDRESS: / r, ~ I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT All THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY KN~~~-/4c0 s~~ ?itr[Viq.Jh; 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 APPLICA TlON. IM'E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEJNG RECORDED O E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA IND ANl~1C'$f~SORS IN INTEREST. *· --,,~~~~=f::-:,/~f(j:!.{). ~·!:::.Z-..l'J<-1 P-1 Page2 of8 MAY O 4 2020 CITY OF CARLSBAD PJANI\HNG DlVISIO:-.J DATE STAMP APPLICATION RECEIVED Revised 03/17 _____________ ·-···-------- (city of Carlsbad DISCLOSURE STATEMENT p .. 1(A) Development Services Plannlna Division 1635 Faraday Avenue (7601602-4&10 www.cartsbadca.eov 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 M.U&I 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, fimt, c»partnershlp, Joint venture, association, social club, fraternal organilatlon, corporation, estate, trust, receiver, syndicate, In thls and any other county, city and county, city munJcipallty, district or other polltlcaf subdivision or any other group or combination acting as a unit.· Agents may sign this document; howewr, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial Interest in the application. If the applicant includes a corporation 9r partnershjg. 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 publidy-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may attached if necessary.) ~kiJ Person fl'fYII Corp/Pa ....___,_..--r-_..:.:.;-:....,.,.;,;,;.=..--..&.. G:.r Title Ou1r,>e,r / Ufferirt-1.pCffll» Titl&'-¥.1_...:.-t~::.:.a:;;:;:..:.:.;;-":""7'""_....,... . Address ['-({I((, 'Sri.trQd' U/<1\1 V,rl~y u'~'Address,""""-'-~~~~~~;;;:;.::..;u.r kl\ q, ;:,.n~ 7 ~ tt, 1 a.l) '?'0-OWNER (Not thi Mlir's agent) Provide the .COMPLETE, LEQM, names and addresses of &la persons having any ownership intar•st in the. property Involved. Also. provide the nature of the 1eQ-' ownership (i.e., partnership, tenants In common, non-profit, corporatlon, etc.). If the ownership includes a cgmw;atton or PMoBl'JblR, include the names, titles, addresses of alt individuals owning mora than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW lf a publicly-owned CCUP(ation, indUde the names, titles, and addresses cers. (A separate page may be attached if necessary.) Perso7"lll~'-IL-f-J.~'-F--:..-.~- Title ~, Address 11/-W • /&> 1H i U.,,, Address U/rf?a-,(oJ~ C Ao ·p, 11~ "-'-<-~ µ._ ~--\-iil-d-,. .... -_.c,..,.,_~-~~~-\.-.u.-3-,,._ St)\..lt.. Ll ( Cf I 71/ (()w"-tl ~c\P P-1(A) Page 1 of2 Revlled07110 ,......., _I OWNERS Plaza South LLC %'8 Joan Waken 3.2391% Llovd D. Hopf 15.0033% Joyce Ward, Trustee of the Ward Fam Trust 15.1702% James A Crabtree 4.0948% -Joseph Surschinger, Trustee (Marital) 3.3501% Joseph Burschlnger, Trustee (By Pass) 17.9203% John & Gracie Waken 22.0942% ~~ ~ Cynthia Hibbard 1.4273% -David Hibbard 1.4273% Peter Hibbard 1.4273% -John Hibbard 1.4273% Jean McDermott Crabtree 4.0948% Roger R. Riffenburgh 3.1080% Stephen K. Riffenburgh 3.1080% Bruce A. Riffenburgh 3.1080% -100.0000% 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified ptnuant to (1) or (2) above Is a nonprofit organization or a trust, list the names and addresses of &a. person serving as an officer or director of the non- profit organization or as trustee or beneflcfary of the. Non Profit/Trus . ._ _____ _ 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 Counci within the past twelve (12) months? _/ D Yes ~ No If yes, please indicate person(s):. __ __.., ______ _ NOTE: Attach additional sheets if necessary. Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2af2 RMed07/10 .... Secretary of State Statement of Information (Limited Liability Company) IMPORTANT-Read instructions before completing this form. Filing Fee -$20.00 Copy Fees -Face Page $1.00 & .50 for each attachment page, Certification Fee -$5.00 1. Limited Liability Company Name Plaza South, LLC LLC-12 FILED Secretary of State State of California JUL 2 7 2016 2. \ {IL-0 /p v This Space For Office Use Only 2. 12-Dlglt Secretary of State FIie Number 3. State or Place of Organization (only if formed outside of California) 199628310017 4. Business Addresses a. Streal Address of Principal Dfflce -Do nol list a P.O. Box City (no abbreviations) Slate Zip Code 492 West Foothill Boulevard Claremont CA 91711 b. Malling Address of LLC. If different than Item 4a Clty (no abbreviallons) Stale Zip Code c. Street Addre&s of Callfomla Office. K l\em 4a is not In Califomia. Oo not llst a P .0. Bo~ City (no abtlfellialions) Sla\e Zip Code CA s. Manager(s) or Member(s) If no managers have been appointed or elected, provide the name ...,,d address of each member. Al least one oame and address must be listed. Attach additional pages, if necessary. a. First Nama John b. Address 1120 Fallen Leaf Road 6. Agent for Service of Process Middle Name I Last Name I Suffix Waken City (no abbreviations) l~e I Zip Code Arcadia 91006 Item 6a and 6b: if the agent is an Individual, the agent must reside in California and Item Sa and Sb must be completed with the agent's name and California address. Item 6c: If the agent is a California Registered Corporate Agent, a current agem registration certificate must be on file wHh the California Secretary of State and hem Sc must be completed (leave Item 6a-6b blank). a. California Agent's First Name (ir agent is not a corporation) Middle Name I Las1 Name I Suffix Kelly Arft b. Street Address (if agent is not a corporaHon)-Do not list a P.O. Box City (no abbreviations) I SlatB I Zip Code 492 West Foothill Boulevard Claremont CA 91711 c. Califomia Registured Corporate Agent's Name (If agent is a corporation) -Do nol comple!e ilem 6a or 6b 7. Type of Business a. Describe the type of business or services ofl~e Limiled Liabllily Company Real Estate 8. Chief Executive Officer, If elected or appointed a. Firsl Name Middle Name Last Name Suffix b. Address City (no abbreviations) 9. The lnfonnatlon contained herein, Including any attachments, Is true and correct. 07/31/2016 Kelly Arft Manager Dale Type or Prinl Name of Person Completing the Forrn Tille Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the filed docum person or company and the mamng address. This information will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.) Name: Company: Address: City/State/Zip: r Plaza South, LLC C/o The Renken Company 492 West Foothill Boulevard L Claremont, ea 91711 LLC-12 (REV 0512016) l J 2016 Calnom ia Secrelary of State www.sos.ca.gov/businesslbe Secretary of State Statement of Information - No Change (Limited Liability Company) LLC-12NC IMPORTANT -This form can be filed online at bizflle.sos.ca.gov. Read Instructions before completing this form. This form may be used only if a complete Statement of Information has been flied previously and there has been no change. Filing Fee -$20.00 Copy Fee -$1.00 per copy; Certification Fee -$5.00 plus copy fee ra -3 I' 8 0 8 2 FILED Secretary of State State of California AUG O 8 2D18 ~; /c:zo/,Pc Above Space For Office Use Only 1. Limited Liability Company Name (Enter the exact name on file with the California Secretary of State. Note: If you registered in California using an alternate name, see instructions.) Plaza South, LLC 2. 12-Diglt Secretary of State Entity (FIie) Number 3. State, Foreign Country or Place of Organization (only if formed outside of California) 199628310017 4. No Change Statement (Do not alter the No Change Statement. If there has been any change, file the Statement of Information on line at biz file.sos.ca.gov.) There has been no change in any of the information contained in the previous complete Statement of Information filed with the California Secretary of State. 5. The information contained herein is true and correct. 07/27/2018 Kelly M. Arft Date Type or Print Narre of Person Corrpleting the Form LLC-12NC (REV 0t/2018) Owner's Agent Title 2018 California Secretary of State bizfile. sos. ca. gov T ___________ _,. '\, ____________ ----------- Ccityaf Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Companion Animal Wellness Center of Carlsbad APPLICANT NAME: CA (LM I rJ e_ BA US'DkJ IL 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: s IzJ£_ lhT!k)~fzv '-' f°Vb 5-ec, D.es,c¥dp--h ON -CowipJ11J1 DN A-N, 1v1r1t. luelLNeS> [r£';JT7Vr1-OF UWU.se/-JO /( P-1(8) Page 1 of 1 Revised 07/10 Project Description Companion Animal Wellness Center of Carlsbad Companion Animal Wellness Center of Carlsbad hopes to be a 2-3 Doctor practice in 2-3 years. The goal of the practice is personalized medicine tailored to the needs and desire of each individual patient. We will partner with clients to help them achieve optimum health the fits their needs and budget. The hospital will have a heavy education component and we will focus on keeping patients healthy through the use of traditional and integrative modalities. The client will be given tasks to do as well so they are also in charge of their animal's care. These tasks will include exercise, home cooking and behavior training to name a few. We will start with one doctor (the Applicant -Carmine Bausone) with one or two other doctors working part time to fill in shifts. We will have 2 waiting areas, one for cats and one for dogs. We will have 5 exam rooms, two of which will be for cats only. We will focus on integrative medicine patients. We will start with 4 to 5 employees and one doctor in year one, and hopefully within 3 years we will have 12-15 employees. We will perform acupuncture, Chinese herbal medicine, western herbal medicine, chiropractic medicine, massage therapy, reiki, dietary therapy, laser therapy, platelet rich therapy and stem cell therapy to integrate into western medicine. We will have a chiropractor employed and a certified canine massage therapist employed. We will also do traditional western medicine which will include wellness screenings, vaccines, laboratory blood, urine and fecal analysis, full dentistry including dental radiology, a full surgical suite in which we will perform standard surgeries such as spays and neuters, lump removals, laceration repairs etc. We will NOT hospitalize patients overnight and will instead refer these patients to a 24- hour facility. We will NOT board patients. We will not have grooming facilities. Our hours will be Monday thru Friday from 8 am to 6 pm, and on Saturday from 8 am to 2 pm. We will have separate daytime (only) hospitalization areas for cats and one for dogs. No wild animals will be seen or cared for. Patients will be seen by appointment only and may need to be dropped off for procedures such as surgeries and dentistry or any other involved procedure. We will have wellness subscription services that clients can pay for monthly to get a full suite of preventative wellness services and get discounted extras services. We will do most of the procedures in front of the owners so the owner is with the patient and there is not mystery in what is being done, and most patients will be calmer in these situations. These are the principles for a Fear Free Practice, and we will be Fear Free Certified We will rely heavily on technology and utilize text message communication, online appointment availability, on line pharmacy refill requests, and direct mailing to our clients. ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannln1 Division 1635 Faraday Avenue (760) 602-4610 www.ur1sbadca.1ov Consultation of Usts of Sites Related to Hazardous Wastes (Certification of Complance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Zs Waste and Substances Sites List compiled by the Catifomia Envirormental Agency and hereby certify that {check one): development project and any alternatives proposed in this application am not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed In this application !!!. contained on the lsts compiled pursuant to Section 65962.5 of the State Government Code. I Phone Number: 7 c,0 {pt./'/ -J:.15 d- Address of Site: 2626 El Camino Real PROPERTY OWNER u -.I. Name: \ \ '6c -~ ,,. ~ VIA. JJ::' ) L L G Address: \01-2--l Tv-~ S..~) ~• l4C :>, .. .,, 5:)t.P<lO) C/1 ··;zr ~ j Phone Number: Co I Ci · "'\ Vi 't ~ <JO Local Agency (City and county):._C_ity_o_f_Ca_rl_s_ba_d ___________ _ Assessors book, page, and parcel number:._1_6_7_-0_30-_7_6 __________ _ Specify list(s):. _____________ ~---------- Reg,-YI-Numbor: ~ ~ o.e:; ,fa~ ~:~ ~-~---' f' \, ~ tf-s/to .:...:~-~~pjiiy~~.t~~~{:.~,~ ~--~-.,~= ~ .(~. . l ,_.../ · v~.,·, , ... c .· ,;j ':> \ c,T = ......... .vc..\'2.- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the C&lifomia Environmental Quafity Ad requirements in providing information about the location of hazardous materials release sites. P-t(CJ Page 1 of2 Revlaed 07J13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: __________ (To be completed by City) Application Number(s): _____________________ _ General lnfonnation ,. Name of project: Companion Animal Wellness Center of Carlsbad 2. Name of developer or project sponsor. /1d, JI Fijs /IA/?) (Colti.J -"i.. G,Nft,u d,o.;) Address: / oor;; fd'fPf,,... Eve City, State. Zip Code: ~"' /Yk,r£o-S CA CjJ(){p 9 Phone Number: 7 (.,() -V 5-{I) S"":53 3. Name of person to be contacted concerning this project: _T_e_rry~_S_tr_o_m ______ _ Address: 300 Carlsbad Village Drive, STE 108A-7 4 City, State, Zip Code: Carlsbad, CA 92008 Phone Number: 951-970-7995 4. Address of Project 2626 El Camino Real Assessor's Parcel Number: 167 -030-76 ------------------- 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: NIA 6. Existing General Plan Land Use Designation: _C_o_m_m_e_r_c_ia_l ________ _ 7. Existing zoning district C-L (Local Shopping Center) 8. Existing land use(s): _C_o_m_m_e_r_ic_a_l _______________ _ 9. Proposed use of site (Project for which this form is filed): Veterinarian Hospital Project Description 10. Sitesize: l/00(p'l1-s2,r::t, ,/CJ,lL ~-CJ 11. Proposed Building square footage: _2_, 7_8_3 ______________ _ 12: Number of floors of construction: _1 ________________ _ 13. 14. P-1(0) Amount of off-street parking provided: _'-/::,..._O_l/-=--------------- Associated projects: _N_/_A __________________ _ Page2 of4 RIWiSed 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: 17. 18. There is no loading area and no sales area. There is a total of 2,783 square feet of lobby area, office areas, pharmacy, surgery area, bathrooms, break room, exam rooms, and treatment rooms. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_/A ___ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(D) Page 3 of 4 Revised 07 /10 Al& 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 D @ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D [2} roads. 22. Change in pattern, scale or character of general area of project. □ [2} 23. Significant amounts of solid waste or litter. □ [2} 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.}. □ IZI 31. Relationship to a larger project or series of projects. □ IZI Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. ;V /4-JJr/t;,1-?,/0)2 /Zet1t000/... 0/JL'-f 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.}, intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. ;v /14 _ IN tefZI m !Ze»u:>'OlfL Certification 0//~ I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. a.., S/11 ho Signature: ~ --= For: U>rvy;¼clllJN &,«JuriA &oft cf eqrijJ P-1(0) Page4 of4 Revised 07/10 C.cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development ~ervices Plannlng Divfslon 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 ilcomplete. Within 30 days of submittal of this application you will receive a letter stating whe1her this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. VVhen the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular applicalion) pleese call~ Applicant Signature: _._~---....:;...;;;..--~----:.;::;;,_------ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page1 of1 Reviled CIT/10 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 {city of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC02e/year screening threshold. If ''Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of7 Revised 02/20 Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Contact Phone: A --:J..96:b. Contact information of person completing this checklist (if different than above): 95 / .-C/70-7195 ·Trz_vz~ S7ln:)111 _ r cntactPhone: Company S1Y!YA,, lu,Jntz. tE/Yl f;,,N, . . Name: name/address: Rva-mi+hA£, fM, LL.~ Contact Email: 1eN:'vy@.S7Y"OY\;\iQB-V'M 10 ~ ~OD ~~ V Ju/J.;(:;;g. Dve_, ~ I 0814--7'-f-O CA-rlc....5 ~An J L,1-'.\-Ci '?.-OC> g Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at buildlng@carlsbadca.gov. D Alterations: 0 BPV i!: $60,000 0 BPV i!: $60,000 0 Electrical service panel upgrade 0 BPV ~ $200,000 New construction Alterations: P-30 l2.5, 577 lA 1Aand 4A 4A lAand 4A 206 O?D Page 3of7 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Revised 02120 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV ~ $200,000 or additions~ 18,5 1,000 square feet □ BPV ~ $1,000,000 18, 2B and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq . ft. new roof addition 2B and 5 1B also applies if BPV ~ $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration~ $60,000 building permit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B.~ Nonresidential* new construction or alterations~ $200,000 building permit valuation, .. or additions~ 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. A5.203.1.l.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) A5.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.l. ** D On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) A5.212.1 □ Elevators and escalators A5.213.1 □ Steel framing P-30 Page 4 of7 □ N/A _________ _ □ Exception: Home energy score~ 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing Select one: □ Cool roof □ Lighting package □ Water heating package □ N/A □ N/A □ N/A □ N/A □ N/A □ N/A Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A * Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 t (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: D Gross Floor Area (GFA) Method GFA: □ If< 10,000s.f. Enter: 5 kWdc Min. System Size: 0 If~ 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** kWdc --- **Round building size factor to nearest tenth, and round system size to nearest whole number. □Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc *** Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of? Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist A. 0 Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception : D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy D Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: A. 0 Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required D Exception : □ Multi family residential· -□ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") I I Installed I I Total P-30 Page 6 of? Revised 02/20 . ' . City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B O Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LDE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No □ LOE Staff Verification: □ ______ (staff initials) P-30 Page 7 of? Revised 02/20 Ccifyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has respo.nsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. ADDRESS: 2~20 / APN:/07-030--7b The project is (check one): 0 New Development ~ Redevelopment f~c,J?_ {)IIJ The total proposed disturbed area is: Q ft2 ( 0 ) acres The total proposed newly created and/or replaced impervious area is: Q ft2 ( Q ) 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_-LAJ;-'----,,__/4_'/l:,___ ______ SWQMP #: --l½<------,-~--14-+-------- Then, go to Step 1 and follow the instructions. When completed , sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 To determine if your project is a "development project", please answer the following question: Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? YES NO □ If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is you r project LIMITED to one or more of the following: 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; 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 uidance? 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 discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): E-34 Page 2 of 4 REV 04/17 To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): 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 ublic develo ment ro ·ects on ublic or rivate land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development rojects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification SIC code 5812 . 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or realer. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site , and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to " includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the ro ·ect to the ESA i.e. not commin led with flows from ad·acent lands . * 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO 's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic AD of 100 or more vehicles er da . 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 YES NO □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information. E-34 Page 3 of 4 REV 04/17 Complete the questions below regarding your redevelopment project (MS4 Pennit Provision E.3.b.(2)): Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= ___________ sq. ft. Total proposed newly created or replaced impervious area (B) = ___________ sq. ft. Percent impervious area created or replaced (B/A)*100 = ____ % YES NO □ □ If you answered •yes~, the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no." the structural BMP's required for PDP apply to the entire development. Go to step 5, check the h kthfitbo tf "M · P • • • • • • • ' ' I ,..-t ••-:: ., • :• ~ • • • • • ' ' D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I wilt submit a • Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations ~ exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 1{ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant lnfonnation and Signature Box ApplicantTille: Bus1AJ6$ OwA.J~ Date: __ '3_/2_1/l_/_;;)._Q _____ _ • Environmentally Sensitive Areas incltJde but are not limrted to aM Clean Water Act Section 303(d) impaired water bodies; ar~s designated as Areas of Special Blologlecll Slgnlficanoe by the State Water Resources Control Board (Water Ouauty Control Plan for the San Diego Basin (1994) and amendments~ water bodies designated v.ith the RARE bel'l8ficial use by the State Water ResourcllS Control Board (Water Quality Conltol Plan for the San Diego Basin (1994) 1111<1 amendments); areas oeslgnated ea preserves or tneir equivalent under the Multi Species Conserv&tion Program within the Cities and County al SM Diego; Habitat Management Plan: and any other equivalent environmentally sensitive aroas which have been identified by the City. This Box for Cifll Use Ontv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page4 of 4 REV04117 ~ ·-.-order Number: NCS-1011307-5D Page Number: 1 First American Title Insurance Company National Commercial Services April 23, 2020 Robin Beale cameron Pacific Coast Commercial 10721 Treena Street Suite 200 San Diego, CA 92131 Phone: (619)469-3600 Fax: (858)560-5604 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 2602 El camino Real Trixy Brown Janice Treanor (858)410-2151 (619)330-2564 trixybrown@firstam.com Flying V CO LLC 2602-2618 El camino Real, carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. First American Title Insurance Company ,, ..... ·""tlrder Number: NCS-1011307-SD Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Dated as of April 17, 2020 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy -, _..,.;Order Number: NCS-1011307-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Crystal Renee Tague and Karen Elaine Webber, as Successor Co-Trustees of the Vanderburg Living Trust dated August 22, 1990 The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 3. An easement for either or both pole lines, underground conduits together with the right of ingress and egress and incidental purposes, recorded August 3, 1954 in Book 5320, Page 387 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company As described therein 4. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of El camino Real where required for the constructions and maintenance of said road as granted in deed recorded October 19, 1966 as File No. 167629 of Official Records. By an instrument recorded February 28, 1980 as File No. 80-067380 of Official Records, the City of carlsbad, released and quitclaimed their interest, if any, in said easement, San Diego County's interest still remains of record. 5. The terms and provisions contained in the document entitled "Agreement Regarding Lot Split Improvement" recorded June 23, 1969 as Instrument No. 112204 of Official Records. Executed by and between otis E. and Christine Vanderburg and The City of carlsbad. First American Title Insurance Company '-""Order Number: NCS-1011307-5D Page Number: 4 6. An easement for slope purposes and incidental purposes, recorded January 9, 1970 as Instrument No. 4279 of Official Records. In Favor of: Affects: The City of Carlsbad As described therein 7. An easement for public drainage purposes and incidental purposes, recorded May 29, 1973 as Instrument No. 73-144264 of Official Records. In Favor of: The City of Carlsbad Affects: As described therein 8. An easement for electric and incidental purposes, recorded February 10, 1976 as Instrument No. 1976-039572 of Official Records. In Favor of: Affects: Home Federal Savings & Loan Association of San Diego, a corporation and San Diego Gas & Electric Company, a corporation as described therein The location of the easement cannot be determined from record information. 9. An unrecorded lease dated September 10, 1976, executed by Otis E. Vanderburg and Christine Vanderburg as lessor and Santa Anita Development Corporation, a california Corporation as lessee, as disclosed by a Short Form of Ground Lease recorded October 21, 1977 as Instrument No. 77- 434984 of Official Records. Document(s) declaring modifications thereof recorded October 10, 1977 as Instrument No. 1977- 434986 and Recorded December 12, 1978, as Instrument No. 1978-519788 both of Official Records. Document(s) declaring modifications thereof recorded January 25, 1980 as Instrument No. 1980- 029288 and recorded October 16, 1996, as Instrument No. 1996-524800 both of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 10. Covenants, conditions, restrictions and easements in the document recorded October 21, 1977 as Instrument No. 77-434987 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the california Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded January 25, 1980 as Instrument No. 1980- 29291 of Official Records. 11. An easement for public utility, storm drain and access easement and incidental purposes, recorded March 24, 1978 as Instrument No. 78-116596 of Official Records. In Favor of: The City of carlsbad Affects: As described therein First American Title Insurance Company ,-., ... ' '"'Order Number: NCS-1011307-5D Page Number: 5 Various portions of said easement have been quitclaimed to Hughes Investments as described in documents recorded October 17, 1980 as File Nos. 80-344388 and 344389, both of Official Records. 12. An easement for either or both pole lines, underground conduits together with the right of ingress and egress and incidental purposes, recorded January 17, 1979 as Instrument No. 79-026223 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company As described therein The location of the easement cannot be determined from record information. 13. Abutter's rights of ingress and egress to or from Marron Road and El camino Real except at access openings have been dedicated or relinquished on the map of Parcel Map No. 8586 of Parcel Maps recorded March 30, 1979. 14. An easement shown or dedicated on the map filed or recorded March 30, 1979 as Parcel Map No. 8586 of Parcel Maps For: Traffic signal and incidental purposes. 15. An easement for either or both pole lines, underground conduits together with the right of ingress and egress and incidental purposes, recorded September 8, 1981 as Instrument No. 81-286255 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company As described therein The location of the easement cannot be determined from record information. 16. An unrecorded lease dated October 12, 1994, executed by Plaza South Associates, a california General Partnership as lessor and Boston Pacific, Inc., a california Corporation as lessee, as disclosed by a Memorandum of Lease recorded March 27, 1995 as Instrument No. 1995-0123850 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 17. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of San Diego County, recorded May 27, 2016, as Instrument No. 16-0260284 of Official Records. Debtor: Vanderburg Living Trust 08-22-Etc. Year & No.: 2015-705916 Amount: $4,100.24, and any other amounts due thereunder. 18. The effect of deed executed by Crystal Renee Tague and Karen Elaine Webber, as Successor Co- Trustees of The Vanderburg Living Trust Dated August 22, 1990 to l/3rd Interest to Crystal R. Tague, Trustee of The Crystal Renee Tague Trust Dated April 29, 2015, A l/3rd Interest to Karen E. Webber, Trustee of The Karen E. Webber Separate Property Trust Dated June 30, 2015, a l/6th Interest to David E. Vanderburg, Trustee of The David E. Vanderburg Separate Property Trust Dated July 8, 2015, A l/18th Interest to Christopher D. Vanderburg, Trustee of The Christopher D. Vanderburg Trust Dated May 20, 2015, A l/18th Interest to Susan D. Rumford, Trustee of The Susan Rumford Trust Dated May 18, 2015, and A l/18th Interest to Stephanie Vojta, Trustee of The Stephanie Vojta Separate Property Trust Dated December 7, 2015, All as Tenants in Common, recorded April 07, 2017 as Instrument No. 2017-0158100 of Official Records. First American Title Insurance Company ... ~-"'Order Number: NCS-1011307-5D Page Number: 6 The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 19. The effect of deed executed by Susan D. Rumford, as Trustee of Susan Rumford Trust Dated May 18, 2015 to Flying V. Co, LLC, A California Limited Liability Company, recorded April 07, 2017 as Instrument No. 2017-0158101 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 20. The effect of deed executed by Crystal Renee Tague, as Trustee of The Crystal Renee Tague Trust Dated April 29, 2015 to Flying V. Co, LLC, A California Limited Liability Company, recorded April 07, 2017 as Instrument No. 2017-0158102 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 21. The effect of deed executed by Karen E. Webber, as Trustee of Karen E. Webber Separate Property Trust Dated June 30, 2015 to Flying V. Co, LLC, A california Limited Liability Company, recorded April 07, 2017 as Instrument No. 2017-0158103 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 22. The effect of deed executed by Christopher D. Vanderburg, as Trustee of Christopher D. Vanderburg Trust Dated May 20, 2015 to Flying V. Co, LLC, A california Limited Liability Company, recorded April 07, 2017 as Instrument No. 2017-0158104 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 23. The effect of deed executed by David E. Vanderburg, as Trustee of David E. Vanderburg Separate Property Trust Dated July 8, 2015 to Flying V. Co, LLC, A california Limited Liability Company, recorded April 07, 2017 as Instrument No. 2017-0158105 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. 24. The effect of deed executed by Stephanie Vojta, as Trustee of Stephanie Vojta Separate Property Trust Dated December 7, 2015 to Flying V. Co, LLC, A california Limited Liability Company, recorded April 21, 2017 as Instrument No. 2017-0180260 of Official Records. The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed. Rrst American Title Insurance Company .... ... '"..,Order Number: NCS-1011307-5D Page Number: 7 25. A notice of nonresponsibility, executed by Flying V. Co, LLC, A california Limited Liability Company, recorded May 11, 2018 as Instrument No. 2018-0190251 of Official Records. 26. The effect of a deed executed by Crystal Renee Tague and Karen Elaine Webber, Successor Co- Trustees of The Vanderburg Marital Deduction Trust, A Sub-Trust of The Vanderburg Living Trust Dated August 22, 1991 to Flying V. Co, LLC, A california Limited Liability Company, recorded July 30, 2018 as Instrument No. 2018-0309446 of Official Records. At the date of recording of the document, the grantor had no record interest in the land. 27. Terms and provisions of an unrecorded lease dated December 30, 2019, by and between Plaza South, LLC, a california Limited Liability Company as lessor and Panda Express, Inc., a california Corporation as lessee, as disclosed by a Memorandum of Lease recorded February 26, 2020 as Instrument No. 2020-96223 of Official Records. Affects: The land and other property. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. 28. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 29. Any statutory lien for labor or materials arising by reason of a work of improvement now in progress or recently completed. 30. Water rights, claims or title to water, whether or not shown by the public records. 31. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. 32. Prior to closing, the Company must confirm whether the county recording office in which the Land is located has changed its access policies due to the COVID-19 outbreak. If recording has been restricted, specific underwriting approval is required; and, additional requirements or exceptions may be made. 33. Rights of parties in possession. First American Title Insurance Company I"""' INFORMATIONAL NOTES .. Order Number: NCS-1011307-SD Page Number: 8 ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. 1. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: Second Installment: Tax Rate Area: APN: Affects a portion of said land. $44,094.41, PAID $44,094.41, PAID 09014 167-030-76-00 2. Taxes for proration purposes only for the fiscal year 2019-2020. First Installment: Second Installment: Tax Rate Area: APN: $14,373.57, PAID $14,373.57, PAID 09014 167-030-77-00 Affects a portion of said land. 3. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2618, 2602 26 El camino Real, carlsbad, CA. 4. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded July 30, 2018 as Instrument No. 2018-0309446 of Official Records. From: Crystal Renee Tague and Karen Elaine Webber, Successor Co-Trustees of The Vanderburg Marital Deduction Trust, A Sub-Trust of The Vanderburg Living Trust Dated August 22, 1991 To: Flying V. Co, LLC, A california Limited Liability Company 5. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. 6. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. First American Title Insurance Company · ""'Order Number: NCS-1011307-5D Page Number: 9 7. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a california limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: First American Title Insurance Company ,-..,Order Number: NCS-1011307-5D Page Number: 10 (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of california. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAL DESCRIPTION -* Order Number: NCS-1011307-5D Page Number: 11 Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: PARCEL 1 OF PARCEL MAP NO. 8586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 30, 1979 AS FILE NO. 79-132451 OF OFFICIAL RECORDS. APN: 167-030-76-00 (Affects a portion of said land) APN: 167-030-77-00 (Affects a portion of said land) Arst American Title Insurance Company The First American Corporation First American ntle Company Privacy Policy We Are Committed to Safeguarding Customer Information "· ..-Order Number: NCS-1011307-SD Page Number: 12 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American 77tle Insurance Company ..... """'Order Number: NCS-1011307-SD Page Number: 13 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records Arst American Title Insurance Company ,_ . .,; Order Number: NCS-1011307-SD Page Number: 14 ( c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Arst American Title Insurance Company 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE ""-""' Order Number: NCS-1011307-SD Page Number: 15 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is a. a fraudulent conveyance or fraudulent transfer; or b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Arst American Title Insurance Company ..... "' "Order Number: NCS-1011307-SD Page Number: 16 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE Toe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13( c), 13( d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. Toe failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Arst American Title Insurance Company