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HomeMy WebLinkAboutCDP 2020-0023; LEXUS CARLSBAD RENOVATION; Coastal Development Permit (CDP){'city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits IX] Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care {Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map {Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits ~Of''l..020- Ot,""2-> D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D 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 SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 211.060.18 & 211.060.17 LOCATION OF PROJECT: 5444 & 5434 Paseo Del Norte, Carlsbad, CA 92008 (STREET ADDRESS) NAME OF PROJECT: Lexus Carlsbad Renovation BRIEF DESCRIPTION OF PROJECT: Front entry renovation, interior renovation, canopy addition, customer lounge addition, fascia renovation. PROJECT VALUE (SITE IMPROVEMENTS) $ 1,900,000 ESTIMATED COMPLETION DATE July 2021 FOR CITY USE ONLY Development No. DBI 'ZO?C)·--o\2-\ Lead Case No. C-Df'Zohl-002...';;;, P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINl) APPLICANT NAME (PLEASE PRINT) INDMDUAL NAME Jl•d,tn A ,Junes Cont-~ INDMDUAL NAME Pc:gqv Kt ;-' HOPL ,I(.. (if applicable): (d IPflll(::able): COMPANY NAME COMPANY NAME (If appliclble): LE' x•;s Car1~bc1d fif applicable). MAILING ADDRESS: 5444 Pn~.o Del N,1rte. MAIUNGAODRESS: ?➔' 4 P:r.r.:, U'?I Nert·~ CITY, STATE, ZIP: Carl$bad CA 92008 CITY, STATE, ZIP: Car" ,b, '1 CA G..,008 TELEPHONE: 7b0 4C-.€ _?q31 TELEPHONE: 761) 9t-~9)1 EMAIL ADDRESS: pego},( toyotac..1rl!libad c-om ~ EMAIL ADDRESS: peg1y,(} tc 1otacarl.-,ba1 c.orn I CERTIFY THAT I ltM THE LEGAL OWNER AN> THAT ALL THE ABOVE I CERTIFY THAT I AM THE LE<W. REPRESENTATIVE OF THE OIMIER INFORMA110N IS TRUE ANO CORRECT TO TI-IE BEST Of MY AND THAT ALL THE ABOVE INFORMAllON IS TRUE AN> CORRECT TO KNOWLEOOE. I CERTIFY AS LEGAL OWNER lliAT THE APPLICANT AS THE BEST OF MY KN0'M.EDGE. ::;ET FORTH HERElN IS MY AUll10RIZEO REPRESENTATIVE FOR ~~~~ PURPOSES OF THIS APPUCAllON. ~Cl~••-~ l.\--0~•;\c»:3 SI :TURE DATE APPLICANTS REPRESENTATIVE (Print): P~ff • KC'IC~ .~r MAILING ADDRESS: !"i44-t t-> _,.~o Ori N Jr:.e CITY, STATE, ZIP: Car1sbad CA 9?008 TELEPHONE: ·. · .. ,, .. r:is~2931 EMAIL ADDRESS: r• J~V toyot carlsbad com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES Of THIS APPLICATION AND °™"T ALL THE NKNE INFORtMTION IS TRUE ANO CORRECT TO THE BEST OF MY KNOIM.EDGE. SIGN,,TURE DATE IN THE PROCESS OF REVIE:WING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PlANNING COMMSSIONERS OR CfTY OOUNCll MEMBERS TO INSPECT AND ENTER THE PROPERTY TiiAT IS lHE SUBJECT OF llitS APPLICATION. IIWE CONSE~'(> ENTRY FOR THIS PURPOSE. NOTICE OF RU11UCTION:)'~ERTY OWNER ACKNOWLEOOES AND CONSENTS TO A N011CE OF RESTRICTION BEING RECONbED ON 1IE 1ffl.E ~ PROPERTY If CONDITIONED FOR ntE APPLICANT. NOTICE OF RESTRJCT10NS RUN WITH THE LANO AND BIND ANY SUCCESSORS IN INTEREST. ~ A-~· CArO& PROPERTY :TURE MAY 1 ! 2020 CITY Oi-= \..,ARL QBAD DATfi-_. .. ,._ . : ~l~ Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business 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 are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: __________ _ Certification Statement: I Certify that I 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 shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: __________ _ P-1 Page 3 of6 Revised 03/17 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the city has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you in preparing the application form for submittal to the city: ✓ Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. ✓ Assessor Parcel No(s).: Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). ✓ Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footage or architectural details. For example: a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. ✓ Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. ✓ Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. ✓ Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717." Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. ✓ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. ✓ Consent to Allow Entrance onto the Property: Signature granting members of city staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. ✓ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant. Notices of Restriction run with the land and bind any successors in interest. Application Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. IMPORTANT: Check all submittals to be sure all the required information and materials have been submitted with your application. Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE P-1 Page 4 of6 Revised 03/17 ✓Applicant Disclosure-Form P-1(A): All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. j Project Description/Location -Form P-1 (B) NA Hazardous Waste Statement -Form P-1 (C) ✓Environmental Impact Assessment -Form P-1 (D): All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. j Time Limits on Discretionary Permits-Form P-1(E) NA Tentative Parcel Map Waiver of Processing Time Limits -Form P-1(F) NA Tentative Parcel Map Tenant Notification Statement-Form P-1(G) NA Circulation Impact Analysis: All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire DepartmentJWater District Consultation: Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map, in accordance with Engineering Standards. P-1 Page 5 of 6 Revised 03/17 SCREENING OF EQUIPMENT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc ... ) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such equipment, as well as screening materials, are required on all site plans. See example below. EXAMPLE OF SCREENING MATERIAL DISPLAY l'R( l'hRl Y LIN · PROl'ER Y I.I I:. P-1 Page 6 of6 Revised 06/12 {'cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization , corporation , estate, trust, receiver, syndicate, in this and any other county , city and county , city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Peggy Keicher Corp/Part_L_e_xu_s_C_a_r_ls_b_a_d ______ _ Title Director of Property Management Title -------------- Address 5444 Paseo Del Norte Address ------------- 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation , include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Judith A. Jones-Cones Title Owner Address 5444 Paseo Del Norte Corp/Part Lexus Carlsbad Title --------------- Address ____________ _ Page 1 of 2 Revised 07/10 -. 3. NON-PROFIT ORGANlZA TION OR TRUST If any person identified pursuant to (1) or (2) above is ii nonprofrt qgar;,ization or a trust. list the names and addresses of AN,Y person s rving as an officer or director of the non- profit orgaruzat,on or as trustee or beneficiary of the. Non Profrt/Trust_________ Non Profrt/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 (K] No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that aff the above information Is true and correct to the best of my knowledge. Print or type name of owner Print or type name of applicant ~-~ -Rr."8 ,.IL, L 1\.1-Cl'U 0 applicanf, agent If applicablaldate ~ "O"" U - ~3--~)cl:Jt<"-\:\ametJ,s,k. type name of owner/applicant's agent Pasle2af 2 Rewsedomo _____________ ,. ------------ {cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Lexus Carlsbad Renovation APPLICANT NAME: Peggy Keicher Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov ------------------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Exterior build out of existing faceted fasica to meet current vehicle manufacturer standards on existing buildings 5, 6, and 7. This entails new exterior veneer at the fascias and the addition of a blade wall for signage. Enclosure of 950 sf of building 6 existing canopy and a new roof with enclosed space below of 639 sf to provide coffee area and expanded lounge to meet customer needs. Addition of 1,047 sf canopy to corner of building 6 for new vehicle delivery area. Interior renovation including the relocation and remodeling of customer bathrooms and janitor's closet to provide better access of these facilities from the newly enclosed customer lounge. P-1(B) Page 1 of 1 Revised 07/10 Cilv of c:arlstiad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Consultation of Lists of Sites Reiated to Hazardous Wastes (Certification of Compliance with Government Code Section 65962 5) Planning Division 1635 Faraday Avenue (760) 602-4610 www,car!sbadca,gov Pursuant to State of California Government Code Section 65962,5, I have consulted the Haf'.ardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one}: Ill The development project and any alternatives proposed in this application are not contained on the !ists compiled pursuant to Section 65962.5 of the State Government Code, 0 The development project and any alternatives proposed in this application m contained on the lists compiled owrsuant to Section 65002.5 of the State Government Code. APPUCANT Name Peggy Kelcher-Homenick Address 5424 Paseo del Norte Carlsbad Ca. 92008 Phone Number 760-496-2931 Address of Site 5424 Paseo de! Norte PROPERTY OWNER Name: Judith A. Jones-Cones Address 5424 Paseo del Norte Carlsbad Ca. 92008 Phone Number 760-496-2931 Local Agency (City and county) Carlsbad -San Diego County Ca. Assessor's book, page, and parcel number:_2_1_1_-_0_60_-_1 _8_-0_0 _____________ _ Specify Hst{s):_N_I_A _________________________ _ Regulatory Identification Number:_N_I_A ____________________ _ Date of Ust:_N_I_A ___________________________ _ Property Owner SignQture/Date ,, 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 \ of 2 Rev,sed 02113 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. 2. 3. Lexus Carlsbad Renovation Name of project: ________________________ _ Name of developer or project sponsor: _P_e_g_g_y_K_e_l_c_h_e_r ___________ _ Address: 5444 & 5434 Paseo Del Norte City, State, Zip Code: Carlsbad CA 92008 Phone Number: 760-496-2931 Name of person to be contacted concerning this project: _P_e_g_g_y_K_e_l_c_h_e_r _____ _ Address: 5444 Paseo Del Norte City, State, Zip Code: Carlsbad CA 92008 Phone Number: 760-496-2931 4. Address of Project: 5444 & 5434 Paseo Del Norte 5. 6. 7. 8. 9. Assessor's Parcel Number: 211 -060-17' 18 ---------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Building permit Existing General Plan Land Use Designation: Regional Commercial Existing zoning district: _c_-_2_(_S_P_-_1_9_) _________________ _ Existing land use(s): _C_-_2 ______________________ _ Automotive sales Proposed use of site (Project for which this form is filed): ____________ _ Project Description 10_ Site size: 4.533 and 2.98 acres 11. 12: 13. 14. P-1(0) Proposed Building square footage: _1_,6_8_6_S_F_a_d_d_it_io_n_a_l __________ _ Number of floors of construction: _1 ___________________ _ Amount of off-street parking provided: 213 req/373 provided -72 reg/275 provided Associated projects: _______________________ _ Page 2 of 4 Revised 07/10 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: This project will increase the building area by 1,686 square feet. 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: P-1 (D) Page 3 of 4 Revised 07/10 Am the fol/owing fte1113 appllcable to the project or Its effects? Ol8CIJSS al itsms cheClrlld yu (lllblt::h additional sheets as necsssary). 20. Change in existing features of any bays, tidelands, beaches, or h , or substantlaf alteration of ground contours. No @ 21 . Change in scenic views or vistas from existing residential areas or pubic lands or D @ roads. 22. Change In pattern. scale or character of general area of project D @ 23. Significant amounts of solid waste or litter. 0 @ 24. Change In dust. ash, smoke, fumes or odors in vidnlty. D el 25. Change in ocean, bay, lake, snam or ground waler quality or ql&lllly. or O (a allelation of exislng drainage patterns. 26. Substandal cha In existing noise or vibllllbl 1we1is in the vlclnlly. □ 27. Site on filed land or on slope of 10 percent or mora. 0 a 28. Use of disposal of potentially hazardOus matartals, such as toxic subatancea. 0 1:1 flammables or explosjves. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 12) etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D @ 31 . Relationship to a larger project or series of projects. 0 0 Environmental Setting Attach sheets that include s response to the following questions: 32. Desaibe the project site as it exists before the project. includk1g lnfonnalol, on ~ d stability, plants and animals, and any cuttural, historical or scenic: aapecta DI I Cltbe..,, .·.., .. structures on the site, and the l.198 of the strudun9s. Atlactl phomgraphs d ._ or Polaroid photos wil be accepted. 33. Describe the surrounding properties, Including lnbmallan GI\ --MIi cultural, historical or scenic aspects. lndicatlt Iha type d land ._ intensity of land use (one-famly, apabnu •••· ....._ development (height, frontage. aeM>ack, ,... yant. •>- Snapshots or polarold photos wll be 8DCIPIBd. Certfflcatton I hereby certify that the staternant:s fum.....,.1-t infonnation reqund for this Initial informalon presented are true and com Date: i/1-IS--dle g..p P-1(0) Environmental Setting Ref: 5444 & 5434 Paseo Del Norte 32 Project Description: Exterior build out of existing faceted fasica to meet current manufacturer standards on existing buildings 5, 6, and 7. This entails new exterior veneer at the fascias and the addition of a blade wall for signage. Enclosure of 1,589 sf of building 6 canopy and courtyard space to provide coffee area and expanded lounge to meet customer needs. Addition of 1,056 sf canopy to corner of building 6 for new vehicle delivery area. Interior renovation including the relocation and remodeling of customer bathrooms and janitors closet to provide better access of these facilities from the newly enclosed customer lounge. 33 Project Surroundings: The subject property is located amidst other car dealerships and is subject to customers looking for new or used cars to purchase or having their own car serviced. To the west of the subject properties is Paseo Del Norte, a main collector street that is subject to large volumes of traffic going to and from the freeway. The freeway, lnterstate-5, is located further west beyond a Chevrolet and Audi dealership and essentially parallel to Paseo del Norte To the north of the subject properties is a G.M.C. car dealership. To the south is a Honda dealership. To the east are several more car dealerships that front on Car County Drive. All uses surrounding the subject properties are essentially the same. City of sbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Ot!velopment Services Planning DMslon 1635 Faraday Avenue (760) 602-4610 www.carfsbadca.gov • on Iha pn,cess;ng d discretionary projects established by state law do not start until a project appliGalbi is deemed complete by the City. The City has 30 calendar days from the date of liii,PC:alPI amm11a1 to determi'le whether an application is complete or incomplete. Within 30 days of sdJllillai d · appliaa)I, you receive a letter stating whether this application is complete or I is incomplete, the letter wll Slate v.t1at is needed to make this application complete. anlir.allbaisa1uiplets. thepmmssing period will start upon the date of the completion letter . .._ arJ ••s&N• ngardlng appllcaltcM submlttal requirements (i.e., clarification 1111aadillll • .,_. raqulrwnt or whether al raquirements are necessary for your particular ~pie-■ call (7tO 802-4610. ,,.,..... . f'eggyKek:her-Homenk:k ~ }&Qe,ly-~ SiJlnaue: Tolles ;l&rJai11.....,.tol'9applk;ation RNaec101110 C cityof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS ..1111 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 . ..1111 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. ..1111 The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. ..1111 Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. 8TEP1 (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. lf"No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. \!Viii 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 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091 . Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 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: Lexus Carlsbad Renovation Property Address/APN: 5444 & 5434 Paseo Del Norte, Carlsbad, CA 92008 Applicant Name/Co.: Applicant Address: Contact Phone: Contact Email: Contact information of person completing this checklist (if different than above): Name: Contact Phone: Company name/address: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ _______ _ Construction Type Complete Section(s) Notes: D Residential □ New construction I 2A, 3A and 4A □ Alterations: □ BPV 2:-: $60,000 1A All residential alterations □ BPV 2:-: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV 2:-: $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential □ New construction I 1B, 2B, 3B, 48 and 5 !XI Alterations: P-30 Page 3 of 7 Revised 04/1 9 City of Carlsbad Climate Action Plan Consistency Checklist I I D!I BPV ~ $200,000 or additions~ 1,000 ., ., square feet 18, 5 □ BPV ~ $1 ,000,000 1B, 28 and 5 Building alterations of~ 75% existing gross floor area □ ~ 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV ~ $200,000 Checklist Item Check the appropriae boxes, explain al not applicable and exception items, Md pnNide supporting calculalions aid docllnentalion as necessay. 1. Energy Efficiency Please refer to Cartsbad Ordinance No. CS-347 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A D Residential addition or alteration 2: $60,000 building permit valuation. See Ord. CS-347, Section 8. □ NIA _________ _ □ Exception: Home energy score ;,: 7 (attach certification) Year Built Single-family Requirements Multi-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ Attic insulation □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: □ 1991 and later □ Lighting package □ Water heating package B. IX] Nonresidential* new construction or alterations 2: $200,000 building permit valuation, or additions 2: 1,000 square feet See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1.1 any additional lighting M Outdoor lighting: .90 Allowed Outdoor Lighting Power~ A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) A5.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget AS.211 .1.** □ 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 framing □ NIA. _________ _ □ NIA .l&1 NIA No restaurant in project □ NIA .l&1 NIA No restaurant in project .l&1 NIA .l&1 NIA □ NIA P-30 Page 4 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise residential buildings ** For alterations~ $1 ,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. NA 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* Exception sheets if necessary) □ □ □ □ Total System Size: kWdc kWdc = (CFAx.572) / 1,000 + (1 .15 x#d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type project does not meet If proposed system size is less than calculated size, please explain. / this threshold B. D Nonresidential new construction or alterations 2:$1,000,000 BPV and affecting 2:75% existing fl~r area, or addition that increases roof area by 2:2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If < 1 O,OOOs.f. Enter: 5 kWdc Min. System Size: □ If ~ 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 04/1 9 City of Carlsbad Climate Action Plan Consistency Checklist NA 3. Water Heating A D Residential and hoteUmotel new construction Please refer to Car1sbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential , hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction □ Exception: NA 4. Electric Vehicle Charging A. D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. D One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : □ Multi-family residential· D Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ;;: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation ;;: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. D Nonresidential new construction (includes hotels/motels) D 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 D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee AOT/1,000 square feet is selected from the City of Carlsbad Employee AOT Table. Use GFA Employee AOT/1 ,000 S.F. Total Employee ADT Retail 1,686 8 then 4.5/1000 12 '\" \ \ Total 12 If total em~oyee ADT is greater lhan or equal to 110 t-ADT: a TOM plan is required. additional area added to existing building *NOTE: Notv.ithstanding the 11 O employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes □ No~ LOE Staff Verification: □------(staff initials) P-30 Page 7 of 7 Revised 04/19 (_ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I '9TRUc;Tt()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' requ irements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. ,,,~ , PRQJECT fNFORUATION " ~ '!?/, ~ ~, lJ:.. " . '1· . ,., .. PROJECT NAME: LEXUS CARLSBAD PROJECT ID: PRE 2019-0020 (DEV2019- ADDRESS: 5444 Paseo Del Norte, Cartsbad. CA 9200 APN : 211-060-18 The project is (check one): D New Development Ill Redevelopment The total proposed disturbed area is: 2173 ft2 ( 0.05 ) acres The total proposed newly created and/or replaced impervious area is: 1600 ft2 ( 0.04 ) 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 10 -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 '"" -~ .. ~, ... .. STEP1 ;, ',· " ,,,_-~ --. k . TO BE COMPLETED FOR ALL PROJECTS ~ ~ c,. 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 □ Ill or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes· to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above Question, the project is a 'development project', ao to Step 2. .-•-·.· .. STEP2 . ., <-,, . --,., le-I' ... __ , . TO SE COMPLETED FOR ALLDEVELOPMEN.T 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; □ Ill 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 □ Ill 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? □ Ill 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, vour project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and ublic develo ment ro ·ects on ublic or riv ate 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 develo ment ro ·ects on ublic or rivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification SIC code 5812 . 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or reater. 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 surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impeNious surface used for the trans ortation of automobiles, trucks, motorc cles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the ro ·ect to the ESA i.e. not commin led with flows from ad·acent lands . * 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic 'ADT of 100 or more vehicles er da . 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040 YES NO □ Ill □ Ill □ Ill □ Ill □ Ill □ Ill □ Ill □ Ill □ □ Ill □ Ill If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statin "M ro·ect is a 'STANDARD PROJECT' .. ." and com lete a licant information. E-34 Page 3 of 4 REV 02/16 STEP4 .. , TQ.BFfCOIIPIJ:T~D.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 the first box statin "M ro·ect is a PDP ... "and com lete a licant information. , STEPS . CHECK THE APPROPRIATE BOX AND COMPLETE APPUCA~T INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ll] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Peggy Keicher Applicant Title: Director of Property Management Applicant Signature:-,?, ~ ~ ~ Date: _1_-7_-2_0_2_0 ____________ _ • Environmentally Sensitive Areas indude but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 . . __f-;p\Chicago Title Company ~ 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00129169-993-SD2-CFU Luna Properties, LLC 6030 Avenida Encinas, Suite 220 Carlsbad, CA 92011 ATTN: Peggy Keicher Email: pkelcher@toyotacarlsbad.com REF: Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 5434 PASEO DEL NORTE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list al/ liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By:--~----- Authorized Signature Cl TA Preliminary Report Form -Modified (11/17/06) ,--,_--~,--"'" k i..: ,...,., . D MAY 1 J. 2020 CffY 01-CARLSBAD PLANl~li G DIVISIO'~ Pruident Page 1 --1iii,\ Chicago Title Company ~ 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: March 23, 2020 at 7:30 a.m. ORDER NO.: 00129169-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: STELLAR PROPERTIES, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00129169-993-8D2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 5426 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 30, 1976. APN: 211-060-17-00 Cl TA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 00129169-993-S02-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2020-2021. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District ingress, egress May 15, 1961 as Instrument No. 83960, Official Records The exact location and extent of said easement is not disclosed of record. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Map No. 7492 General utility, sidewalk, landscape Westerly 10 feet of said land 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District ingress, egress November 30, 1972 as Instrument No. 72-320456, Official Records Westerly 10.00 feet of said land 4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 24, 1973 Recording No: as Instrument No. 73-02157 4, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: November 14, 1974 Recording No: as Instrument No. 74-302069, Official Records Cl TA Preliminary Report Form -Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00129169-993-S02-CFU 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Pacific Telephone and Telegraph Company public utilities, ingress, egress March 22, 1973 as Instrument No. 73-074588, Official Records Westerly 10. 00 feet of said land 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities, ingress, egress May 2, 1979 as Instrument No. 79-181021, Official Records The exact location and extent of said easement is not disclosed of record. 7. Matters contained in that certain document Entitled: Dated: Encroachment Agreement October 28, 2002 Executed by: The City of Carlsbad and Robert E. Townsend and Marilyn J. Townsend, Trustees of the Townsend Family Trust u/d/t May 30, 1988 Recording Date: December 4, 2002 Recording No: as Instrument No. 2002-1096873, Official Records Reference is hereby made to said document for full particulars. 8. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 9. Water rights, claims or title to water, whether or not disclosed by the public records. 10. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 11. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00129169-993-S02-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: STELLAR PROPERTIES, LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS Cl TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00129169-993-8D2-CFU 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 211-060-17-00 2019-2020 $37,111.75 $37,111.75 $0.00 0900 2. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5434 Paseo Del Norte, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CL TA Preliminary Report Form -Modified (11/17/06) Page 1 . ::1w1RESAFE. I 1nquirebeforeyouwirel Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. Alf rights reseNed _/iii\ Chicago Title Company ~ 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in sad area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS {CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (DSI Rev. 03/12/20) Last Saved: April 7, 2020 by RP Escrow No.: 00129169-993-SO2-CFU FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. January 1, 2020) MISC0219 (DSI Rev. 01/02/20) Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00129169-993-SD2-CFU • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We do share Personal Information among affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-17 48. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. January 1, 2020) MISC0219 (OSI Rev. 01/02/20) Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00129169-993-SD2-CFU Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessing and Correcting lnfonnation; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: FNF Privacy Statement (Eff. January 1, 2020) MISC0219 (OSI Rev. 01/02/20) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2020. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00129169-993-SD2-CFU ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'$ POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b} not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. {a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. {a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to {i) the occupancy, use, or enjoyment of the Land; {ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b} does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters {a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c} resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is {a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under {a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. -~-·--t--'--' ,..,1 ,~- i ,,o,. <UN 6.,(,1' ln) O'l 0 "° -T ti , ___ ... ., '" '?' .-""'1 •111'( ,s; , ...... .,,,., /I ,,,~ _, __ ✓ "' 11-1 _ DIO IIIM!N a,o ll11 S:H>NYH:> <B This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, ~ any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Order· 129169 Page 1 of 1 Requested By: Michael Moore , Printed· 4/7/2020 8:09 AM Doc: 211-6 MAP ASSESSOR OWNER'S DECLARATION Escrow No.: 00129169-993-SD2-CFU Property Address: 5434 Paseo Del Norte Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner'') is the owner or lessee, as the case may be, of certain premises located at 5434 Paseo Del Norte, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the _____________ of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5434 Paseo Del Norte, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________ . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as _________ , __________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at ______________ _ Signature: Owner's Declaration MISC0220 (OSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by RP Page 2 Escrc