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Home My WebLink AboutCUP 2020-0008; BMW ANCILLARY FACILITIES; Conditional Use Permit (CUP).City of Carlstiad LAND USE REVIEW APPLICATION G P-1 --~evelopment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develqomgnt Permits i:z1 Coastal Development Permit D Minor 0 Conditional Use Permit D Minor O Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hlflside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non~Residential D Planning Commission Oetennination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance 0Minor {FOR DEPT, USE ONI,, Y) Legislative Permits CDPl020-a>31 ~UPl02O ... 0006 D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South kJlrl§bad Cga§tfl Review Nu Permits 0 Review Permit D Administrative D Minor O Major Village Review Area Permits D Review Permit D Administrative D Minor O Major (FOR DEPT USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDUt.E AN APPOINTMENT. •sAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 211-080..12-00 & 211-080-13-00 RECEIVED SEP Q 9 2020 CITY OF CARLSBAD C?I ANNING DIVISION LOCATION OF PROJECT: 5215 & 5245 Car Country Dr., Carlsbad CA 92008 {STREET ADDRESS) NAME OF PROJECT: BMW Ancillary Facilities BRIEF DESCRIPTION OF PROJECT: Relocation of Collision Center from Encinitas and smog shop & Enterprise relocated from adjacent building in Carlsbad to new location of projeQt site PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Development No. Qtv 2,0"}, 0 .. 0 2..2..,2 P-1 ESTIMATED COMPLETION DATE CUP Z,02 0-0008 Lead Case No. C 'DP -Z.O2O -(!)0 3 7 Paqe 1 of S Revised 03/17 OWNER NAME INDIVIDUAL NAME ( if applicable); COMPANY NAME (PLEASE PRINT) (if applicable): Af4 MOTORS OF FT. LA.UOERO&& INC., a FIOl'ldaCOrp. MAILING ADDRESS: 200 SW 1ST AVENUE, 14TH FL CITY. STATE, ZIP: FORT LAUDERDALE. FL 33301 TELEPHONE: 954-769-4356 ------------EMAIL ADDRESS: POWELLC1@AUTONATION.COM I CERTIFY THAT I AM THE LEGAL OWNER N-40 THAT ALL THE ABOVE INFORMATION IS TRUE N-40 CORRECT TO THE BEST OF MY KNOWLEDGE. I ;Qtiii'W'~ AL OWNER THAT THE APPLICANT AS SET FORTH H UTHORIZED REPRESENTATIVE FOR PURPOSES N, ·"""'-··-~ APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): COMPANY NAME (if applieable): AN MOTORS OF FT. LAUOEROALE. INC., a Florida Corp MAILINGADORESS:200 SW 1ST AVENUE, 14TH FL CITY, STATE, ZIP; FORT LAUDERDALE. FL 33301 TELEPHONE: 954-769-4356 __, ............. .--...... ------E MAJ L ADDRESS: POWELLC1@AUTONATION.COM 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 E. APPLICANT'S RePRESENTATIVE (Print): BILL HOFMAN: HOFMAN PLANNING AND ENGINEERING MAILING ADDRESS; 3152 LIONSHEAO AVE., CITY, STATE.ZIP: CARLSBAD. CA 92010 TELEPHONE: 760-692-4100 -------------------------------EMAIL ADDRESS: bhofman@hofmanplanning.com/akooieng@Ohofmanplgnning.cgm . I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY Wth ~,~ IN THE PROCESS OF REVIEWING THIS APPUCA TION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT ANO ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INvE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES ANO CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITL....-n-IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND ANO BIND ~'-"2''"". TEREST. DATE STAMP APPLICATION RECEIVED RECEIVED BY: Indemnification and Insurance Requirement for Villa e Area Administrative Permit Certification Statement: I Certify that I am the Lt9al Businus Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays rmitted within the Village Review Area and the permittee remains in compliance with the subject a Certification Statement I Certify that l am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shalt remain in effect for as long as outdoor displays are permitte,~~~1e Village Review Area and the permittee remains in compliance with the subject approved perm . P·1 Page 3 of 6 Revised 03/17 ,r -.. r {.__C1fyo · Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.} Person. __________ _ Corp/Part AN MOTORS OF FT, LAUOERDALE. INC. a l'lorida Colp Title ___________ _ Title ____________ _ Address ----------Address 200 SW 1ST AVENUE. 14TH Ft. Fort l audemale, FL 33301 2. OWNER (Not the owner's agent) P-t(A) Provide the COMPLETE,. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc-). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person -----------Corp/Part AN MOTORS OF FT, l AUOEROALE. INC,, a Florida Corp Title ___________ _ Title -------------- Address _________ _ Address ___________ _ 200 SW 1ST AVENUE. 14TH FL, Fort Lauderdale, FL 33301 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is~ ru;mPm,ffl m:mmizlti® QC a twa. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profitrrrust...,_______ Non Profit/Trust _______ _ Title ·----------Title ....... __________ _ Address ________ _ Address. __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12} months? D Yes lv'I No If yes, please indicate person(s):. _________ _ NOTE: Attach additional sheets if necessary. ei..rk,bl..s'J~~ ,4dMltl·trd- Ptmt·or.-nam.of;~• ~19-..a.1'ry' riiJZ~ ~~,g~ Signature ~ fapplicant's agent If ppl ble/date BILL HOFMAN Print or type name of owner/applicant's agent Page2of2 Revleed 07/10 Ccicyof Carlstiad ___________ ,. ---------- PROJECT DESCRIPTION P-1(B) Develop_ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: BMW Ancillary Facilities APPLICANT NAME: AN MOTORS OF FT. LAUDERDALE, INC., a Florida Corp 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: A CUP will be needed for the relocation of the BMW Collision Center from the Encinitas dealership located at 1302 Encinitas Blvd, Encinitas, CA 92024 to the location of the former Audi dealership (adjacent to the BMW project site) located at 5215 Car Country Drive, Carlsbad, CA 92008 (APN-211-080-12-00). There will also be a relocation of tenants currently on the BMW project site to the former Infiniti dealership (adjacent to project site) located at 5245 Car Country Drive, Carlsbad, CA 92008 APN-211-080-13-00). P-1(8) Page 1 of 1 Revlsed07/10 EP-2 VANILLIN, SEMI-GLOSS SHERWIN-WILLIAMS SW 6371 FIELD COLOR IRT-1 l4LHAMBRA, CAPISTRANO EAGLE ROOFING 3555 ROOF TILES 01 BMW of Carlsbad Materi• Board EP-3 INVITING IVORY,SEMI GLOSS SHERWIN-WILLIAMS SW 6372 DOORS, FRAMES & ARCH. FEATURES RT-1 ALHAMBRA, CAPISTRANO EIFS TEXTURE SAMPLE WS-1 LIMESTONE, SAN MARINO EL DORADO STONE WAINSCOT CLADDING )SPARC+ PLl'.\.1 11l1 (.~1\/,....,..1...., •• A RC H ITECTURE S T UDIOS ,,~-·~ ...... -------------t -------------~---------- Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Develoement Services Planning Division 1635 Faraday Avenue (760) 602•4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code, D The development project and any alternatives proposed in this application !£! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPUCANT PROPERTY OWNER N AA MOTORS OF FT. LAUDERDALE, INC., a Florida Corp ame: ______________ _ AN MOTORS OF FT lAIJDf~OAI.£. INC, a Ftornla Carp Name: _________ _ Address:200 SW 1ST AVENUE, 14TH FL Address: 200 SW 1ST AVENUE, 14TH FL Phone Number: 954-769-4356 Phone Number: 954-769-4356 AddressofSite:5215 & 5245 Car Country Dr., Carlsbad, CA 92008 Local Agency (City and County):_C_a_r_ls_b_a_d_,_S_a_n_D_i_e_g_o ___________ _ A r' b k d I be 5215 Car Country Dr. (APN:211-080-12) 5245 Car Country Or,(APN: 211-080-13) ssesso s oo , page, an parce num r: __________________ _ Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of Ust: __ -;::=-::z---~:::--,---..:::-------------,-.;:::==:::=--- Pr,Qpetty awner s~~: ~. e,J. s,.,J,.J.t11. m; A11t:~•r,)..L. S,~•"'Cu··y The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1{C) Page 1 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM {To be Completed by Applicant) Date Filed: __________ (To be completed by City) Application Number(s): ______________________ _ General Information 1. Name of project: BMW Ancillary Facilities 2. Name of developer or project sponsor: AN MOTORS OF FT. LAUDERDALE, INC., a Florida Corp. Address: 200 SW 1 ST AVENUE, 14TH FL City, State, Zip Code: FORT LAUDERDALEt FL 33301 Phone Number: 954~ 769-4356 3. Name of person to be contacted concerning this project: Adam Kooienga Address: 3152 Lionshead Ave. City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-692-4100 4. Address of Project 5215 & 5245 Car Country Dr., Carlsbad, CA 92008 Assessor's Parcel Number: 5215 (APN: 211-080-12) 5245 (APN: 211-080-13) 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: 6. Existing General Plan Land Use Designation: _R _____________ _ 7. Existing zoning district _C_-_2_-_a _________________ _ 8. Existing land use(s): 5215: Hoehn Audi 5245: Hoehn lnfiniti Auto Sales 9. Proposed use of site (Project for which this form is filed): __________ _ Relocation of collision center/smog shop/enterprise Project Description 10. Site size: 5215: 2.9 acres 5245: 1.6 acres 11. Proposed Building square footage: ________________ _ 12: Number of floors of construction: -------------------- 13. Amount of off~street parking provided: ________________ _ 14. Associated projects: _____________________ _ P-1(0) Page2 of4 Revised 07110 15. If residential, include the number of units and schedule of unit sizes: ________ _ 16. If commercial. indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ Regionally oriented 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ 19. If the project involves a variance, conditional use or rezoning applications. state this and indicate clearly why the application is required: __________________ _ CUP REQUIRED PER CONDITIONS AS LISTED IN THE CAR COUNTRY SP P-1(0) Page3of4 Revised 07110 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ IZI alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ IZI roads. 22. Change in pattern, scale or character of general area of project. □ IZI 23. Significant amounts of solid waste or litter. □ IZI 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ IZI 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ IZI alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ IZI 27. Site on filled land or on slope of 10 percent or more. □ IZI 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ IZl flammables or explosNes. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ IZI etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas. etc.). □ IZI 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability. and that th ct.~lc.lQi:!•ments, and information presented are true and correct to the best of my knowledge and beli P-1(0) Page4of4 Revised 07/10 . 1 North Side of 5215 -- 2 {I 3 W Side of 5215 S Side of 5215 1 4 E of 5245 NE Corner of 5245 N Side of 5245 -~ ..--,:___,--::::_ 1 W Side of 5245 - 1 S Side of 5245 1 2 3 - Pano 1 .. C .. Ci:t)Tof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whethe.,,...~"'uirements are necessary for your particular application) please call (760) 602-4610. Aflpbnt $igoatur&: ~..,.14.. ;;. ::s~,..,4 .. .Lrzr Staff Signature: Date: To be stapled with receipt to the application P·1(E) Page 1 of 1 Revised 07110 AN MOTORS OF FT. LAUDERDALE, INC. c/o AUTONATION, INC. 200 S.W. JST AVENUE, 14TH FLOOR FORT LAUDERDALE, FLORIDA 33301 ATTENTION: REAL ESTATE/ LEGAL DEPARTMENT July 2 I. 2020 LETTER OF Al[IftORIZATION To Whom It May Concern: Please let this Letter of Authorization serve as confirmation that I, C. Coleman Edmunds. am the President of AN Motors of Ft. Lauderdale, Inc., a Florida corporation (the "Company"), owner of the property located at 5215 and 5245 Car Country Drive, Carlsbad, California (the .. Property"). I hereby certify that Charles W. Sabadash III. as Authorized Signatory of the Company, is duly authorized, in the name of and on behalf of the Company, to execute and deliver the City of Carlsbad Land Use Review Application, Development Permits, Disclosure Statement, Hazardous Waste and Substances Statement, EIA Information Form, and Time Limits on Discretionary Projects. I further certify that Charles W. Sabadash UL as Authoriz.ed Signatory of the Company, is duly authorized to act for and on behalf of the Company with respect to the execution of any and all other documents associated with and related to all matters involving the conditional use permit any improvements, zoning, easements, or additional permits for the development of the Property. and to bind the Company with respect thereto. Very truly yours. STATE OF FLORIDA COUNTY OF BROW ARD "'l.sr The foregoing instrument was acknowledged before me this __ -"'_ .. , day of July, 2020, by C. Coleman Edmunds, President of AN Motors of Ft. Lauderdale, Inc., a Florida corporation, who is personally known to me. (SEAL) CttAII.ENE J. wtU..IAMSOH Notary Mlle · SCatt of Flortdi Colntms$ioll I GG 9107CM M'/ Colnm. bplm Apr 11, 1024 8ondtd thrqh Mlttonal Noury A»n. . .... ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I 1NSTRUCTl?NS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application . If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when mu ltiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: BMW Ancillary Facilities PROJECT ID: ADDRESS: 5215 & 5245 Car Country Dr., Carlsbad CA 92008 APN: 211-080-12-00 & 211-080-13-00 The project is (check one): D New Development 0 Redevelopment The total proposed disturbed area is: ft2( 0 ) acres The total proposed newly created and/or replaced impervious area is: ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then , go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question : YES NO Is your project LIMITED TO routine maintenance activity and/or 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)? 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 with in an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or 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 guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 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): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 04/1 7 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ □ 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant infonnation. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinQ "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)). YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP .. ." and complete applicant information . If you answered "no ," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check th e first box stating "My project is a PDP ... • and complete aoolicant information. STEP& CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION □ 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. □ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. fi2') My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Bill Hofman Applicant Title: Applicant Representative Applicant s;gnature: B:12J) ~ GM Date: 9/9/20 • Env1ronrnentally Sensitive Areas 1ndude but are not limited to all Clean Water Act Seci1on 303(d) 1mpa1red water bodies: areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments). water bodies designated with the RARE benefiaal use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program w1th1n the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Ontv YES NO City Concurrence: □ □ By: Date: Project ID· E-34 Page 4 of 4 REV 04/17 August 19, 2020 Project No. 19-07586 Bill Hofman Hofman Planning & Engineering 3151 Lionshead Avenue Carlsbad, California 92010 Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 760 918 9444 OFFICE AND FAX i nfo@ri nconcon sultan ts .com www. rinconconsu ltants .com Subject: City of Carlsbad Climate Action Plan (CAP) Checklist Consistency for the BMW Carlsbad Project Dear Mr. Hofman: Rincon Consultants, Inc. (Rincon) has reviewed the BMW Carlsbad Project's (Project's) consistency with the City of Carlsbad (City) Climate Action Plan's (CAP's) Consistency Checklist (Checklist). This memorandum summarizes the findings of the attached Checklist. Project Description The project is located at 5245 and 5215 Car County Drive. The project would relocate tenants to the project and would make use of existing service building for a BMW collision center. Other buildings on- site would be reused for a smog service center and Enterprise rental car location. Only alterations to existing buildings would be performed; no buildings are proposed to be constructed or demolished. The total building area would be the existing area of 33,109 square foot. The project would include 333 existing parking spaces. CAP and Checklist Overview In September 2015, the City adopted a CAP that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. The Checklist for the CAP contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the CAP are achieved. The Checklist was last updated in February 2020. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified GHG reduction targets. Project Consistency with Checklist Step 1: Land Use Consistency The proposed project was analyzed for consistency with the CAP's Checklist (see Attachment A for the Checklist). Step 1 of the Checklist is to determine land use consistency of a project. If a project is consistent the existing General Plan land use and specific/master plan or zoning designations, then the project proceeds to Step 2 of the Checklist. Environmental Sc1ent1sls Planners Engineers Hofman Planning & Engineering BMW Carlsbad Project The existing zoning designation of the site is C-2 (General Neighborhood Commercial); the existing land use designation is R (Regional Commercial). The existing use on-site is a car dealership. As the project is placing similar and allowed automobile-related uses (e.g., service building for a BMW collision center, a smog service center and Enterprise rental car location) in the C-2 zone and R land use designation, it would be consistent with zoning and land use. Step 2: CAP Ordinance Compliance Requirements After determining consistency with Step 1, Step 2 of the Checklist determines a project's consistency with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The ordinances applicable depend on if a project is a residential or nonresidential project, if the project is new construction or alterations, and if the project is alterations, what the building permit valuation of the permit is. As the project is a nonresidential project that involves alterations with an estimated building permit valuation of between $200,000 and $1,000,000, Sections 18 and 5 of the Checklist would be applicable to the project. Section 18: Energy Efficiency for Nonresidential AS.203.1.1.1-Outdoor Lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.1 is included in Appendix AS -Nonresidential Voluntary Measures of the of the 2019 California Green (CALGreen) Building Standards Code (CCR, Title 24, Part 11-CALGreen). AS.203.1.1.1 states: Newly installed outdoor lighting power shall be no greater than 90 percent of the Allowed Outdoor Lighting Power. The Allowed Outdoor Lighting Power calculation is specified in Title 24, Part 6, Section 140. 7 "Requirements For Outdoor Lighting." As the project is in an urban area, it would fall under Lighting Zone 3 in Section 140.7, which has an area wattage allowance of 0.025 watt per square foot for asphalt and 0.03 watt per square foot for concrete. The project would achieve this through light emitting diode (LED) lighting in the outdoors areas of the project site. Therefore, the project is consistent with this ordinance. AS.203.1.1.2-Restaurant service water heating The project would not have restaurant service; therefore, this ordinance is not applicable to the project. AS.203.1.2.1-.95 Energy Budget or .90 Energy Budget AS.203.1.2.1 is included in Appendix AS-Nonresidential Voluntary Measures of the of the 2019 CALGreen Building Standards Code (CCR, Title 24, Part 11-CALGreen). AS.203.1.2.1 states: Buildings complying with the first level of advanced energy efficiency shall have an Energy Budget that is no greater than indicated below, depending on the type of energy systems included in the building project. If the newly constructed building or addition does not include indoor lighting or mechanical systems, then no additional performance requirements above Title 24, Part 6 are required. Page 2 Hofman Planning & Engineering BMW Carlsbad Project For building projects that include indoor lighting or mechanical systems, but not both: No greater than 95 percent of the Title 24, Part 6, Energy Budget for the Standard Design Building as calculated by compliance software certified by the Energy Commission. For building projects that include indoor lighting and mechanical systems: No greater than 90 percent of the Title 24, Part 6 Energy Budget for the Standard Design Building as calculated by compliance software certified by the Energy Commission. As stated in the measure, this applies to newly constructed buildings or additions. The project would only perform alterations to the existing buildings, and would not construct new buildings or add additional square footage; therefore, this ordinance is not applicable to the project. AS.211.1. ** -On-site renewable energy The Checklist requires on-site renewable energy in the form of photovoltaic systems (Section 28) if the project is new construction or, if alteration, has a building permit valuation of $1,000,000 or new roof of addition of 2,000 square feet or greater. The project does not have a building permit valuation of $1,000,000 and does not propose any new roof area. Therefore, this ordinance is not applicable to the project. AS.211.3. ** -Green power (if offered by local utility provider, SO percent minimum renewable sources) The project would receive energy from San Diego Gas & Electric (SDG&E). As an electric provider, SDG&E must comply with the requirement of Senate Bill 100, which requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. As of the end of 2018, SDG&E was already at 45 percent renewable energy (SDG&E 2019). While more updated information is not available at the time of this memorandum, SDG&E is expected to continue to obtain a greater share of its energy from renewable sources and is at 50 percent renewable sources or would be in the near future. Therefore, the project would achieve 50 percent renewable energy through SDG&E by operation or at a future date and would achieve great than that number with up to 100 percent renewable by 2045. The City of Carlsbad is in the process of setting up a Community Choice Energy program that would allow electricity customers to obtain greater percentage of renewable sources (City of Carlsbad n.d.). However, this program is not operational at the time of this submittal. Therefore, this ordinance is not applicable to the project. AS.212.1-Elevators and escalators The project does not propose new construction and would not build elevators or escalators; therefore, this ordinance is not applicable to the project. AS.213.1-Steel framing The project does not propose new construction; therefore, this ordinance is not applicable to the project. Page3 Hofman Planning & Engineering BMW Carlsbad Project Section 5: Transportation Demand Management {TOM) Plan The CAP Checklist lastly requires that a Transportation Demand Management (TDM) Plan be provided if employee average daily trips (ADT) exceed 110 per 1,000 square feet of building area (per Ordinance CS- 350). The City's Employee ADT Table lists 8 ADT for the first 1,000 square feet of retail space, and 4.5 ADT per 1,000 square feet of retail space beyond the initial 1,000 square feet. Therefore, the project is expected to generate 157 employee ADT and the project applicant must submit at TDM Plan following the City TDM Handbook guidelines. The project would submit a TDM Plan, which is being prepared as of the time of the writing of this memorandum, and therefore would be consistent with this ordinance. Conclusion As described above, the project would be consistent with the existing zoning and land use designations of the project site. Furthermore, the project would implement and be consistent with applicable CAP ordinances identified in Section 1B and 5 of the Checklist. Given the aforementioned, the proposed project would be consistent with the Checklist and, therefore, the CAP. Sincerely, Rincon Consultants, Inc. Bill Vosti, MESM Joe Power, AICP CEP Senior Environmental Planner Senior Principal/Vice President Attachment A: Climate Action Plan Consistency Checklist Page 4 Hofman Planning & Engineering BMW Carlsbad Project References California Department of General Services. 2020. CALGreen. Effective January 1. Available at: https://www.dgs.ca.gov/BSC/Resources/Page-Content/Building-Standards-Commission- Resources-List-Folder /CALGreen Carlsbad, City of. 2015. Climate Action Plan. September. __ . 2020. Climate Action Plan Consistency Checklist P-30. Revised February. __ . n.d. Clean Energy Alliance. Available at: https://www.carlsbadca.gov/residents/energy.asp#:~:text=The%20City%20of%20Carlsbad%20h as.renewable%20sources%20starting%20in%202021. San Diego Gas & Electric (SDG&E). 2019. A Look Back at 2018. Available at: http://www.sdgenews.com/article/look-back-2018 Pages Attachment A Climate Action Plan Consistency Checklist Hofman Planning & Engineering BMW Carlsbad Project Page 6 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 ('cityof 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 of 7 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 wit h the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No IBJ □ 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 MTCO2e/year screening threshold. If "Yes", proceed to Step 2 of the checklist. [R] □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEOA Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: BMW Carlsbad Property Address/APN: 5245 & 5215 Car Country Dr., Carlsbad, CA 92008 211-080-12, -13 Applicant Name/Co.: Hofman Planning & Engineering Applicant Address: 3151 Lionshead Ave., Carlsbad, CA 92010 Contact Phone: (760) 692-4100 Contact Email: Akooienga@Hofmanplanning.com Contact information of person completing this checklist (if different than above): Name: Company name/address: BillVosli Rincon Consultants, Inc. Contact Phone: 805-459-2142 Contact Email : bvosti@rinconconsultants.com 2215 Faraday Ave., Suite A, Carlsbad, CA 92008 Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ Between $200,000 and $1,000,000 □ Alterations: □ BPV ~ $60,000 □ BPV ~ $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 □ New construction Ix) Alterations: P-30 lA lA and 4A 4A lA and 4A Page 3 of 7 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 02/20 City of Carlsbad Climate Action Plan Consistency Checklist Ii] BPV ~ $200,000 or additions~ 1B,S 1,000 square feet D BPV ~ $1,000,000 1B, 2B and 5 Building alterations of~ 75% existing gross floor area D ~ 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 i!: $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. [R] Nonresidential* new construction or alterations i!: $200,000 building permit valuation, or additions i!: 1,000 square feet. See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3. AS.203.1.1.l IKI 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) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211.l. ** □ On-site renewable energy AS.211.3** □ Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators AS.213.1 □ Steel framin P-30 Page 4 of 7 □ N/A ________ _ □ Exception: Home energy score i!: 7 {attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ Lighting package □ Water heating package □ N/A _________ _ □ N/A ~ N/A Retail use IKI N/A Applies to new construction [!I! N/A Measure 28 N/A to project pg N/A SDG&E Energy Mix ~ N/A Alteration, no new construction x N/A Alteration, no new construction Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist □ N/A • Includes hotels/motels and high-rise residential buildings •• For alterations 2: $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 cartsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations 2:$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: 0 If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If 2: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 02/20 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery D Exception: B. 0 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: A. 0 Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when com letin this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : D Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces= .10 xTotal parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.") Installed I I Total P-30 Page 6 of 7 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. D 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 ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Retail 33,109 sf 8 for first 1,000 sf, 4.5 for rema hing 157 Total 157 If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TDM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering {LOE) staff to determine whether this policy applies to your project. TDM plan required: Yes Iii No D LDE Staff Verification: □ ______ (staff initials) P-30 Page 7 of 7 Revised 02/20 ., 9/3/2020 RE : BM W CUP -Submittal Sarah Cluff <Sarah.Cluff@carlsbadca.gov> Wed 9/2/2020 2:41 PM Mail -Monica Friedl -Outlook To: Adam Kooienga <akooienga@hofmanplanning.com> Cc: Monica Friedl <mfriedl@hofmanplanning.com>; Bill Hofman <bhofman@hofmanplanning.com> Hi Adam, The Appointment on the 8th has since been filled . I have placed a hold on calendar for our earliest available appointment 9/9 at 11 am. Please confirm that this will work for you or provide another time on 9/1 0 that may be feasible. Please do include a copy of my email of 12.20 pm today with my supervisor's determination about the title report date with your submittal to ensure the counter staff that will be processing the submittal are aware of her input. Thank you, Sarah Cluff f' City of Carlsbad Sarah Cluff Planning Technician II Community Development Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 760-602-46191 760-720-8558 fax I sarah.cluff@carlsbadca.gov DURING THE CURRENT PUBLIC HEALTH EMERGENCY: FOR ONGOING PROJECTS, PLEASE CONTACT YOUR PROJECT PLANNER TO SCHEDULE A RESUBMITTAL DROP-OFF APPOINTMENT. FOR NEW PROJECT SUBMITTAL$ AND LANDSCAPE SUBMITTALS/RESUBMITTALS/AS-BUILTS, PLEASE CALL OR EMAIL YOUR REQUEST FOR A SUBMITTAL DROP-OFF APPOINTMENT: Phone: 760-602-461 o Email: P-lanning@carlsbadca.gQY Facebook I Twitter I You Tube I Flickr I Pinterest IEnews From: Adam Kooienga [mailto:akooienga@hofmanplanning.com] Sent: Wednesday, September 2, 2020 2:25 PM To: Sarah Cluff <Sarah.Cluff@carlsbadca.goV> Cc: Monica Friedl <mfriedl@hofmanplanning.com>; Bill Hofman <bhofman@hofmanplanning.com> Subject: Re: BMW CUP -Submittal Hi Sarah, Thanks for following up on this. We will take the 8th at 2. Adam 9/3/2020 Mail -Monica Friedl -Outlo k From: Sarah Cluff <Sarah . r@carlsbadca.goV> Sent: Wednesday, September 2, 2020 12:20:35 PM To: Adam Kooienga <akooienga@hofmanplanning.com> Cc: Monica Friedl <mfriedl@hofmanplanningm>; Bill Hofman <bhofman@hofmanplanning.com> Subject: RE : BMW CUP -Submittal Hi Adam, I had the chance to confirm at our morning meeting with my supervisor that a few days past the 6 month timeframe won't preclude you from submitting next week. Please let me know your preferred time to drop off from the following options and I will confirm availability: 9/8 at 2 9/9 at 11 , or 2 9/1 0 at 9, 11 , or 2 Thank you, Sarah Cluff City of Carlsbad Sarah Cluff Planning Technician II Community Development Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 760-602-46191 760-720-8558 fax I sarah .cluff@carlsbadca.gov DURING THE CURRENT PUBLIC HEALTH EMERGENCY: FOR ONGOING PROJECTS, PLEASE CONTACT YOUR PROJECT PLANNER TO SCHEDULE A RESUBMITTAL DROP-OFF APPOINTMENT. FOR NEW PROJECT SUBMITTAL$ AND LANDSCAPE SUBMITTALS/RESUBMITTALS/AS-BUILTS, PLEASE CALL OR EMAIL YOUR REQUEST FOR A SUBMITTAL DROP-OFF APPOINTMENT: Phone: 760-602-461 o Email: planning@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest IEnews From: Adam Kooienga [mailto:akooienga@hofmanplanning.com] Sent: Wednesday, September 2, 2020 9:51 AM To: Sarah Cluff <Sarah.Cluff@carlsbadca.goV> Cc: Monica Friedl <mfriedl@hofmanplanning.com>; Bill Hofman <bhofman@hofmanplanning.com> Subject: Re: BMW CUP -Submittal Hi Sarah, I just wanted to follow up about this? Adam Kooienga 9/3/2020 • • -• 3152 Lionshead Avenue C Carlsbad, CA 92010 760.692.4019 Tel 616.301.4618 Cell akooienga@hofmanplanningm C 1_:r1r~fl. t ..... n.-~1 rr.P i:.~i Linked[m From: Adam Kooienga Sent: Tuesday, September 1, 2020 4:02 PM To: Sarah Cluff <Sarah.Ctuff@carlsbadca.goV> Mail -Monica Friedl -Outlo~ Cc: Monica Friedl <mfriedl@hofmanplanning.com>; Bill Hofman <bhofman@hofmanplanning.com> Subject: BMW CUP -Submittal Hi Sarah, I hope this finds you doing well! Monica from our office just forwarded me the email regarding our "BMW CUP" project and the times you have available for submittal to the City. Is there any way at all that we can make that submittal happen this week? I ask because the Title Report we will be submitting will be older than 6 months on September 6. If we need to get an updated Title Report prior to submittal it would most likely delay our submittal for a couple weeks and our client has a real time crunch on this project that if they miss their deadline could result in significant financial impacts. If there is no way to make the submittal this week, would we still be able to make the submittal next week with the Title Report we have (over the 6 month window by 1 day) and then bring in an updated one during the review process? Any help with this would be greatly appreciated! Thanks, Adam Adam Kooienga Senior Planner Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 760.692.4019 Tel 616.301.4618 Cell akooienga@hofmanplanningm ~ ,n· ~. I ~•,,.1! ", rr ,;.;i :, • Linked[m CAUTION: Do not o en attachments or click on links unless content is safe. CAUTION: Do not o en attachments or click on links unless nize the sender and know the content is safe. BILLING CONTACT BILL HOFFMAN HOFMAN PLANNING AND ENGINEERING 3152 Lionshead Ave Carlsbad, Ca 92010 INVOICE NUMBER INVOICE DATE 00071489 09/09/2020 REFERENCE NUMBER FEE NAME INVOICE DUE DATE 09/09/2020 CU P2020-0008 NOTICE FEE(PLN/ENG) (plus postage) 5215 Car Country Dr Carlsbad, CA 92008-4310 City of Carls~l!d {city Of 1635 Faraday Avenue ·c l b d Carlsbad, CA 92b08:: 7314 . ar S a INVOICE STATUS f INVOICE DESCRIPTION Due ,J NONE ·, ·•1, f ,, 'l ,. TOTAL 1 $345.00 ,., SUBTOTAL $345.00 >' TOTALj,_ _____ $3_45_.o_o~' 1111111111111111111111 m1 m1 111~ 1111111111111111111111111111 ?I ~nn i "j '. L i!AtrV--CoLA na, September 09, 2020 2:54 pm Page 1 of 1 ~ · .•. Bll,.LING CONTACT BILL HOFFMAN HOFMAN PLANNING AND ENGINEERING 3152 Lionshead Ave Carlsbad, Ca 92010 INVOICE NUMBER INVOICE DATE 00071487 09/09/2020 REFERENCE NUMBER FEE NAME INVOICE (00071487) INVOICE DUE DATE 09/09/2020 City of Carlsbad (City of 1635 Faraday Avenue C 1 h d Carlsbad, CA 92008-7314 ar Sua INVOICE STATUS INVOICE DESCRIPTION Due NONE TOTAL CUP2020-0008 CONDITIONAL USE PERMIT (CUP): Regular $4,913.00 5215 Car Country Dr Carlsbad, CA 92008-4310 111111111111111II IIIII 11111 11111 111111111111111 IIIII IIIII IIII IIII P /t,,wrv<Vt) : SUBTOTAL $4,913.00 TOTAL_! ____ $4_,s_13_.oo ...... l ']3illina /1.,i~f Ct)~ Wt-s} A IA v-o--n A lbert-s~ l qq~ )35 l -S3J-S ~.Co11ry ('..\ o. I b,-+strn@ C OR. \-J~. ( 6)Y\ September 09, 2020 2:56 pm Page 1 of 1 -,.___, - BILLING CONT ACT BILL HOFFMAN HOFMAN PLANNING AND ENGINEERING 3152 Lionshead Ave Carlsbad, Ca 92010 INVOICE NUMBER INVOICE DATE 00071494 09/09/2020 REFERENCE NUMBER FEE NAME INVOICE (00071494) INVOICE DUE DATE 09/09/2020 City of Carlsbad ( City of 1635 Faraday Avenue C l b d Carlsbad. CA 92008-7314 ar S a INVOICE STATUS INVOICE DESCRIPTION Due NONE TOTAL CDP2020-0037 COASTAL DEVELOPMENT PERMIT (PLN) Non-Residential $1,059.00 5215 Car Country Dr Carlsbad, CA 92008-4310 SUBTOTAL $1,059.00 TOTAL~' _____ $1_,o_s_s.o_o~I 11111111111111111 IIIII 1111111111 1111111111 111111111111111 IIII IIII September 09, 2020 3:38 pm Page 1 of 1 * REPUBLIC TITLE® Commitment ALTA Commitment fCJ'l"'Title Insurance ISSUED BY First American Title Insurance Company File No: 1002-300676-RTT COMMITMENT FOR TITLE INSURANCE Issued By FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE illLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDffiON OF TITLE, LEGAL OPINION, OPINION OF illLE, OR OTHER REPRESENTATION OF THE STATUS OF illLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE illLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POUCY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company fl/-t7<4' r,L ~nnis J Gilmore Preostdent ~J~ ,leffrey S Rol>tnson Secretary If this jacket was created electronically, it constitutes an original document. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 1 of 15 ALTA Commitment for Title Insurance (8-1-16 califomi COMMITMENT CONDffiONS 1. DEFINffiONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not indude any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized bylaw. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; ( d) Schedule A; (e) Schedule B, Part I-Requirements; and (f) Schedule B, Part II-Exceptions. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. S. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition S(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in Commitment Conditions S(a)(i) through S(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 Al TA@ Commitment for Title Insurance issued by Ai-st American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 2 of 15 ALTA Commitment for Title Insurance (8-1-16 cautomi 6. LIABILITY OF THE COMPANY MuCsE BASED ON THIS COMMITMENT ~ {a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. {d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by Rrst Ameriean Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 3 of 15 ALTA Commitment for ntte Insurance (8-1-16 cantomi *=== REPUBLIC TITLEt> Schedule A AL TA Commitment for Title Insurance ISSUED BY First American Title Insurance Company File No: 1002-300676-RTT Transaction Identification Data for reference only: Issuing Agent: Republic Title of Texas, Inc. Issuing Office: 2626 Howell Street, 10th Floor, Dallas, TX 75204 Commitment No.: 1002-300676-RTT Issuing Office File No.: 1002-300676-RTT Property Address: 5215 and 5245 Car Country Drive, Carlsbad, Underwriter/Assistant: Evangela Furnace/Alexandra ~ M~~ Revision No.: Phone: (214)855-8888/(214)855-8888 Email: efurnace@republictitle.com/amielke@republictitle.com SCHEDULE A 1. Commitment Date: March 06, 2020 8:00 AM 2. Policy to be issued: (a) 181 2006 AL TA® Extended Owner Policy Proposed Insured: To Be Determined Proposed Policy Amount:$ To Be Determined (b) □ ALTA® Policy Proposed Insured: Proposed Policy Amount: $ (c) □ ALTA® Policy Proposed Insured: Proposed Policy Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple 4. The Title is, at the Commitment Date, vested in: AN MOTORS OF FT. LAUDERDALE, INC., A FLORIDA CORPORATION 5. The Land is described as follows: See Exhibit "A" attached hereto and made a part hereof This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 4 of 15 ALTA Commitment for Title Insurance (8-1-16 cantorn· *=== REPUBLIC TITLE* Schedule BI & BIi Commitment No.: 1002-300676-RTT AL TA Commitment ffl'f Title Insurance ISSUED BY First American Title Insurance Company File No: 1002-300676-RTT SCHEDULE B, PART I Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. Releases(s) or Reconveyance(s) of Item(s): None F. Other: None G. You must give us the following information: a. Any off record leases, surveys, etc. b. Statement(s) of Identity, all parties. c. Other: 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. The following additional requirements, as indicated by "X", must be met: [X] H. Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form (as provided by the company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by Arst American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part /I-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 5 of 15 ALTA Commitment for Title Insurance (8-1-16 calitomi ,., [X] I. An ALT A/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] J. The following LLC documentation is required from: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] K. The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [X] L. The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [] M. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] N. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] 0. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. This page is only a part of a 2016 Al TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 6 of 15 ALTA Commitment for Title Insurance (8-1-16 Califomi [] P. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] Q. The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] R. Financial statements from the appropriate parties must be submitted to the Company for review. [] S. A copy of the construction contract must be submitted to the Company for review. [] T. An inspection of the Land must be performed by the Company for verification of the phase of construction. [] U. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 7 of 15 ALTA Commitment for Title Insurance (8-1-16 califomi * REPUBLIC TITLE® Schedule Bl & BIi (Cont.) Commitment No.: 1002-300676-RTT AL TA Commitmentror Title Insurance ISSUED BY First American Title Insurance Company File No: 1002-300676-RTT SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 2. (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. 3. 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. 4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 5. 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. 6. (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. 7. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable. This page is only a part of a 2016 Al TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 8 of 15 ALTA Commitment for Title Insurance (8-1-16 Californi 8. General and special taxes\.71d assessments for the fiscal year 2019-2020► - First Installment: $51.841.04, PAID Penalty: $0.00 Second Installment: $51.841.04, OPEN Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 211-080-12-00 (Affects Parcel One) 9. General and special taxes and assessments for the fiscal year 2019-2020. First Installment: $34,502.40, PAID Penalty: $0.00 Second Installment: $34,502.40, OPEN Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 211-080-1300 (Affects Parcel Two) 10. The land lies within the boundaries of proposed community facilities District No. 98-01 (Police & Fire), as disclosed by a map filed October 19, 2001 in Book 35, Page 44 of maps of assessment and community facilities districts. (Affects both Parcels) 11. The land lies within the boundaries of proposed community facilities District No. 2001-01, as disclosed by a map filed October 19, 2001 in Book 35, Page 45 of maps of assessment and community facilities districts. Document(s) declaring modifications thereof recorded January 09, 2002 as Instrument No. 2002- 0019461 of Official Records. (Affects both Parcels) 12. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 13. Abutter's rights of ingress and egress to or from Car Country Drive have been dedicated or relinquished on the map of Map No. 12242 of Tract Maps recorded October 18, 1988. (Affects Parcel One) 14. Abutter's rights of ingress and egress to or from Car Country Drive, excepting those access openings have been dedicated or relinquished on the map of Map No. 12242 of Tract Maps recorded October 18, 1988. (Affects Parcel Two) This page is only a part of a 2016 AL TA@ Commitment for 77tle Insurance issued by First American 77tle Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 9 of 15 ALTA Commitment for Title Insurance (8-1-16 cautom· r- 15. An easement shown or d~~ated on the map filed or recorded October l'e;"'1988 as Map No. 12242 of Tract Maps. For: general utility and incidental purposes. (Affects Parcel Two) 16. An easement shown or dedicated on the map filed or recorded October 18, 1988 as Map No. 12242 of Tract Maps. For: sewer, drainage, access and incidental purposes. (Affects both Parcels) 17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded December 02, 1988 as Instrument No. 88-619692 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. 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. (Affects both Parcels) 18. An easement for maintenance and repair of the slope property and incidental purposes, recorded February 02, 1989 as Instrument No. 89-058177 of Official Records. In Favor of: Association of Car Country Expansion Owners, a California nonprofit mutual benefit corporation Affects: as described therein The terms and provisions contained in the document entitled "Indemnity Agreement" recorded October 12, 1989 as Instrument No. 89-553280 of Official Records. (Affects both Parcels) 19. An easement for the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural artificial drainage ditches and structures of any kind, whether above or below the surface of the ground and incidental purposes, recorded October 27, 1989 as Instrument No. 89-585540 of Official Records. In Favor of: Carlsbad Municipal Water District, a public agency organized in the State of California Affects: as described therein (Affects Parcel Two) 20. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded February 18, 2000 as Instrument No. 2000-0084965 of Official Records. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 10 of 15 ALTA Commitment for Title Insurance (8-1-16 califomi (Affects both Parcels) 21. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded February 18, 2000 as Instrument No. 2000-0084966 of Official Records. (Affects both Parcels) 22. The terms, provisions and easement(s) contained in the document entitled "Covenant for Easement" recorded February 18, 2000 as Instrument No. 2000-0084967 of Official Records. (Affects both Parcels) 23. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded February 29, 2000 as Instrument No. 2000-0101801 of Official Records. (Affects both Parcels) 24. An easement for ingress, egress, parking and incidental purposes, recorded March 24, 2003 as Instrument No. 2003-0321046 of Official Records. In Favor of: Affects: (Affects Parcel Two) Saitama Nissan (U.S.A) Corporation, a California corporation, organized under the laws of the State of California as described therein 25. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 01, 2003 as Instrument No. 2003-0362097 of Official Records. (Affects both Parcels) 26. Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/NSPS survey made by Daryn Bernard for Commercial Due Diligence Services on August 26, 2016, last revised September 29, 2016, designated Job Number 16-08-0236: a) The fact that utility vaults and an electric transformer exist outside of easement areas; b) The fact that ingress and egress to and from adjoining property to the east of Parcel Two exists without benefit of an easement; and c) The fact that a construction trailer exists on a south westerly portion of Parcel One. (Affects both Parcels) 27. An unrecorded lease dated January 6, 2017, executed by An Motors of Ft. Lauderdale, Inc., a Florida corporation as lessor and Hoehn Group LLC, a California limited liability company as lessee, as disclosed by a Memorandum of Lease recorded January 12, 2017 as Instrument No. 2017-0020041 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First Ameria,n Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 11 of 15 AL TA Commitment for Title Insurance (8-1-16 califomi (Affects both Parcels) Document(s) declaring modifications thereof recorded August 16, 2018 as Instrument No. 2018- 0337035 of Official Records. 28. An option in favor of Hoehn Group LLC, a california limited liability company as contained in or disclosed by a document recorded January 12, 2017 as Instrument No. 2017-0020042 of Official Records. (Affects both Parcels) 29. 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. (Affects both Parcels) 30. Any facts, rights, interests or claims which would be disclosed by a correct ALTNNSPS survey. 31. Water rights, claims or title to water, whether or not shown by the public records. 32. Rights of parties in possession. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 12 of 15 ALTA Commitment for Title Insurance (8-1-16 cantomi INFORMATIONAL NOTES 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. 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 5215 and 5245 Car Country Drive, Carlsbad, California. 2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted thereon. 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 this Commitment or the Policy, if any, to which the map is attached. This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First Ameriean Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 13 of 15 ALTA Commitment for Title Insurance (8-1-16 Californi ,,,....., ~----------------~------.... ISSUED BY First American Title Insurance Company First American TitlerM File No: 1002-300676-RTT Exhibit A File No.: 1002-300676-RTT The Land referred to herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL ONE: ALL OF THAT PORTION OF LOT 4 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988, BEING PARCEL A AS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 24, 2000 AS FILE NO. 2000-0093922 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY BOUNDARY LINE THEREOF, NORTH 67° 30' 23" EAST, 154.09 FEET (NORTH 67° 30' 38" EAST 154.03' -RECORD) TO A POINT IN A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, SAID POINT ALSO BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF AUTO CENTER COURT, AS SHOWN ON SAID MAP NO. 12242; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 63° 02' 17" AND AN ARC DISTANCE OF 55.01 FEET (63° 01' 58", ARC= 55.01' -RECORD); THENCE TANGENT FROM SAID CURVE, SOUTH 85° 31' 54" EAST 49.95 FEET (NORTH 85° 31' 20" WEST 50.00' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 31' 54" AND AN ARC DISTANCE OF 25.97 FEET (16° 31' 20", ARC= 25.95' -RECORD); THENCE TANGENT FROM SAID CURVE, SOUTH 69° 00' 00" EAST 295.84 FEET (NORTH 69° 00' 00" WEST 295.78' - RECORD) TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY , SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 ° 56' 12" AND AN ARC DISTANCE OF 28.60 FEET (81 ° 55' 34" ARC= 28.60' -RECORD) TO A POINT OF REVERSE CURVE BEING CONCAVE EASTERLY AND HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS SOUTH 77° 03' 48" EAST (NORTH 77° 04' 26" WEST -RECORD), SAID POINT ALSO BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF CAR COUNTRY DRIVE, 72.00 FEET IN WIDTH, AS SHOWN ON SAID MAP NO. 12242, THENCE SOUTHERLY ALONG SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 16° 37' 46" AND AN ARC DISTANCE OF 97.52 FEET TO A POINT IN SAID CURVE WHICH BEARS A RADIAL LINE OF SOUTH 86° 18' 26" WEST; THENCE NON-TANGENT FROM SAID CURVE, SOUTH 86° 06' 31" WEST 59.67 FEET; THENCE SOUTH 58° 17' 39" WEST 26.80 FEET; THENCE SOUTH 08° 04' 53" EAST 21.44 FEET; THENCE SOUTH 82° 11' 53" WEST 234.54 FEET; THENCE SOUTH 22° 40' 01" EAST 15.82 FEET; THENCE SOUTH 67° 20' 55" WEST 104.80 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 4; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY BOUNDARY LINE THEREOF, NORTH 22° 29' 25" WEST 361.01 FEET (NORTH 22° 29' 22" WEST-RECORD) TO THE POINT OF BEGINNING. PARCEL TWO: This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. orm 50003700 (8-23-18) age 14 of 15 ALTA Commitment for Title Insurance (8-1-16 Califomi ALL OF THAT PORTION OF LOT 4 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988, BEING PARCEL BAS DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 24, 2000 AS FILE NO. 2000-0093923 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE THEREOF, NORTH 22° 29' 25" WEST, 199.60 FEET (NORTH 22° 29' 22" WEST -RECORD); THENCE DEPARTING SAID SOUTHWESTERLY BOUNDARY LINE, NORTH 67° 20' 55" EAST, 104.80 FEET; THENCE NORTH 22° 40' 01" WEST 15.82 FEET; THENCE NORTH 82° 11' 53" EAST 234.54 FEET; THENCE NORTH 08° 04' 53" WEST 21.44 FEET; THENCE NORTH 58° 17' 39" EAST 26.80 FEET; THENCE NORTH 86° 06' 31" EAST 59.67 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS NORTH 86° 18' 26" EAST, SAID POINT ALSO BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF CAR COUNTRY DRIVE, 72.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 12242; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 18° 47' 24" AND AN ARC DISTANCE OF 110.19 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 22° 28' 58" EAST, 54.07 FEET (NORTH 22° 29' 22" WEST 54.06' - RECORD) TO THE MOST EASTERLY CORNER OF SAID LOT 4; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY BOUNDARY LINE THEREOF, SOUTH 67° 30' 46" WEST, 402.03 FEET (NORTH 67° 30' 38" EAST 402.00' -RECORD) TO THE POINT OF BEGINNING. For conveyancing purposes only: APN 211-080-12-00 (Affects Parcel One) and 211-080-13-00 (Affects Parcel Two) This page is only a part of a 2016 AL TA@ Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. rm 50003700 (8-23-18) age 15 of 15 ALTA Commitment for Title Insurance {8-1-16 califomi