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AMEND 2018-0009; OMWD TEMPORARY TRAILERS; Conditional Use Permit (CUP)
(city of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit D Minor ~ Conditional Use Permit g Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation />J,.A ~ t,../ ~ u; IB -oo 05' D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □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 Site Development Plan D Special Use Permit D Minor D Review Permit D Administrative D Minor D Major E D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor 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. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE (STREET ADDRESS) A#--1t;NDk~N<7D t3x,s-n..ir:t cue 2017-ooo5Coevo2001) Tf3M~~f2'{ -,P.A,fl-E/25 To ACCOHMoDMe 0157/2 ,c...--r S7Jt!PF {)U/lt"1G, Rf!f;HoOEl-OFf:¥157/Nf::/ OHWJ) Af)MIN ti OPQf2.A7l0NS Bu,cD1N6iS. N/A ESTIMATED COMPLETION DATE Development No. bG v' 0 i.oo I Lead Case No. P@/\:f;-µ b Z.-0 I ~ -0 @O ,J P-1 Page 1 of 6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: (PLEASE PRINT) OMWO £1./CINrTA.5, Cr} C/202l-/ ' ?e,o-753-tp'f6~ EMAIL ADDRESS: k.ffiorner'9t>li venhai.-, .U1)'>1 APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): (PLEASE PRINT) MAILING ADDRESS: -------------CI TY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Geot?6E-BR /£::.ST --------------------------------MA I LING ADDRESS: /9~6 0UVE3f\.ll+AIN RD CITY, STATE, ZIP: E3AJ CJNtr/~:S Q'1 q20 2 L/ TELEPHONE: 7 60 -753 -(i, Lf 6 Ct' EMAIL ADDREss: g bri est@o Ii venhai n ·@:YI I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFO~MATION IS R AND CO RECT TO THE BEST OF MY KN LEDGE. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORD D ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH E LA 'AND BIND ANY sue ESS~ )N INTEREST. 1~bec4 . c;IU62~, . P-1 Page 2 of 6 OCT 1 6 2018 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 r-----------t ., __________ _ "·· { City of Carlsbad PROJECT DESCRIPTION P-1 (B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: ~Vf Fofl Tt3/1f'DlllJF!_y T/!./Hl:EI<., Pl/J-Ce;H.e,.Jr APPLICANT NAME: 0t.lllE::f\Jf/il1tJ HVNtC.H'IIL Wlt7l31{.. {)JS71l/Lt 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: AM~D1-1e1J-r ib 6~rs7iAJfl cv'P zo,1-ooo6(D€VoUJ01) Fo/-2... 1e:HP0/2/lt2..V 1fl-/Hl£1<._S BROOGffr ON S/11£:; 7b ,ttcl-OMM00A1l;' /)JST~/Lt STltPP OU/!.1N6, ReHOO£L-OF !31.1-s-r,Nc;, 0HWO ADHtN MD OPeM-noNS /3u1l,01tJ~5 A--r -rH& o,s-r1?.1c-r's H~ srrG t.ocA-WD AT /Cf {,6 Ol--lVE:NAAtN flo;:J-D 1 /3NUNftA->1 CA-C,2o2-L/. P-1(8) Page 1 of 1 Revised 07/10 Letter of Transmittal Date: 10/16/2018 To: Mr. Paul Dan City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 The following materials are being forwarded: r Attached COPIES DATE NO. Re: Amendment to CUP 2017-0005 (DEV02001) 1966 Olivenhain Road Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, California, 92024-9761 Phone: (760) 753-6466 Fax: (760) 753-1578 Comments/Explanation: r Under Seperate Cover DESCRIPTION 1 Amended CUP Application Submission for Proposed Temporary Trailers 1 Application Fee $399 -Check # These are being transmitted as noted below: r For Approval r As Requested Hi Paul, r For Checking P For Your Use r For Reveiw and Comment r Re-Submit for Approval P For Your Action r Other Attached is the amended CUP application for the proposed temporary trailers to be placed at the District HQ site during the pending remodel. Please direct any questions regarding this submittal to me or George Briest. Thank you Cindy Pecile Engineering & Right of Way Coordinator cpecile@olivenhain.com D 760-632-4223, C 760-419-6428 ( City of 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) 2. P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part ___________ _ Title ___________ _ Title _____________ _ Address ----------Address ___________ _ OWNER (Not the owner's agent) 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 /< 1118Bel>/ A. 11-101!.N't:fle.., Corp/Part, _________ _ Title GeJE~hL f.1/ilvl/G/3<. Title --------------011 W 0 Address ----------Address ____________ _ t '1, ~ 0UVGJHIJ,1/J RD Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust _________ _ Title Title -------------------------- Address ----------Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant f, /31/8 Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 ... (city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: __ O_M_W_D ________ _ Address: IC/~C, ~ll veiJHAIN R.'D /3NG1Nt1f).S Q3 9202"/ Phone Number: 76 0 -7 5 3 -{I) 'I 6 C:, Address of Site: PROPERTY OWNER Name: __ O_M_W_D ____ _ Address: /C/66 Ol-11/E:AJH/t/N RD /3-luN ,ms I CIJ C/Z~ z L/ j Phone Number: 7C:>O -753-(i,Lf C, ~ Local Agency (City and County): t)/AVE::N~IJ ft tJNIU E',4L-Wll-7l?JL DJSTl<J C.. 7 Assessor's book, page, and parcel number: 2 55 -0 L/0 -51-0 0 Specify list(s): ___________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ____________________________ _ '1,13 ,/8 The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/n pl/n pl. htm P-1(C) Page 2 of 2 Revised 02/13 (city of Carlsbad EIA INFORMATION FORM P-1 (D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(D) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): _______________________ _ General Information 1 _ Name of project: Amendment to CUP 2017-0005 (DEV02001) for temporary trailer placement 2. Name of developer or project sponsor: _O_M_W_D _____________ _ Address: 1966 Olivenhain Road City, State, Zip Code: Encinitas, CA 92024 Phone Number: 760-753-6466 3. Name of person to be contacted concerning this project: George Briest Address: 1966 Olivenhain Road City, state, Zip code: Encinitas, CA 92024 Phone Number: 760-753-6433 4. Address of Project: 1966 Olivenhain Road, Encinitas, CA 92024 Assessor's Parcel Number: 255-040-59-00 5. 6. 7. 8. 9. --------------------- 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: Existing CUP 2017-0005 (DEV02001) Existing General Plan Land Use Designation: _P_u_b_lic ____________ _ Existing zoning district: City of Carlsbad Existing land use(s): Office/Public Works Temporary trailers to o__ccornmodafe_ Proposed use of site (Project for which this form is filed): ___________ _ District staff during remodel of existing OMWD Admin & Operations Buildings Project Description 10. Site size: _8_._0_1_a_c_r_e_s ____________________ _ 11. Proposed Building square footage: 17,500 sf (temporary trailers) 12: Number of floors of construction: N/ A ------------------- 13. Amount of off-street parking provided: _7_0_s_p_a_c_e_s ____________ _ 14_ Associated projects: New & remodeled Operations & Administration Facilities Project P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ N/A P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. 0 □ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of m6f. _ Date: / 0 ' q • / 2f Signature: . ~J-~ ... For: 0'-1 W P-1(0) Page 4 of 4 Revised 07/10 September 5, 2017 Chad Williams Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 Ccityof Carlsbad SUBJECT: CUP 2017-0005 (DEV02001)-OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS-Request for approval of a Minor Conditional Use Permit (CUP 2017-0005) to allow two temporary mobile office buildings, one 12' X 60' and one 24' X 60' in size, pursuant to Carlsbad Municipal Code (CMC) Section 21.42.140.B.90 for a maximum period of five years on an approximately 9.7-acre site located at 1966 Oliven ha in Road, in the Office (0) zone and Local Facilities Management Zone 11. Dear Mr. Williams, The City Planner has completed a review of your application for Minor Conditional Use Permit No. CUP 2017-0005, to allow two temporary mobile buildings for up to five years at 1966 Olivenhain Road. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on September 5, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the proposed use of two temporary mobile buildings (as defined in CMC Section 21.04.265) at 1966 Olivenhain Road will benefit the community by maintaining operations on a single site rather than expanding offsite, thereby reducing operating costs and costs to tax payers. The temporary mobile buildings are in harmony with the General Plan Land Use Designation because the use will be office space which is permitted in the Public (P) land use designation. In addition, the request does not conflict with the existing land use entitlements for the site. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, in that this Conditional Use Permit will comply with the Development Standards and Special Regulations for Mobile Buildings pursuant to CMC 21.42.140.B.90 as described below: 21.42.140.B.90 -Mobile Buildings. Community & Economic Development , 1 Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov -CUP 2017-0005-OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 2 a. The mobile buildings shall be occupied by a permitted or conditional use allowed in the zone in which it is placed. The project site is zoned Office (0) and pursuant to CMC Section 21.27.020 offices for human occupation used for professional purposes are a permitted use. The two mobile buildings satisfy this requirement by functioning as office space for the applicant's employees. The occupancy shall be limited to a five-year term, unless extended by the appropriate decision-maker. The mobile buildings will be permitted onsite for a term of up to five years or until Olivenhain Municipal Water District (OMWD) constructs permitted structures, whichever occurs first. The project is also conditioned to maintain the mobile buildings for office space only. c. Newiy placed mobile buildings shall not be installed on permanent foundations. The mobile buildings are not installed on permanent foundations, and will have the capability to mobilize when the Conditional Use Permit is null and void. However, this Conditional Use Permit is conditioned to designate the mobile buildings to a fixed location onsite as shown on Exhibit "A". d. All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system. The two mobile buildings have wood siding and skirting which integrates closely with the surrounding office structures and maintains a professional appearance. e. All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to, manufacturer's certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. Both mobile buildings are registered by the California Department of Motor Vehicles with valid registration tags, comply with California Building Codes including accessibility, and comply with zoning requirements including building height and setbacks. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood. The project site is approximately 9.7 acres which is adequate in size to accommodate the use. To provide sufficient buffering from surrounding uses the mobile buildings are approximately 150 feet from Olivenhain Road, which is the nearest public road. In addition, landscaping along Olivenhain Road assists with shielding the mobile buildings from public view. No additional development, parking spaces or loading facilities are required. Lastly, the trailers will not impact the hardline Habitat Management Plan preserve open space to the south of the project site. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing levels of service for Olivenhain Road and Rancho Santa Fe Road are adequate to accommodate two temporary mobile buildings. The added 2,160 square feet of office space results in the addition of 250 average daily trips, and can be accommodated by the existing street system with no further improvements required. CUP 2017-0005 -OLIVEN HAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 3 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301-existing facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. Approval is granted for CUP 2017-0005 as shown on Exhibit "A" dated September 5, 2017 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2017-0005 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibit. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising;directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. -CUP 2017-0005 -OLIVEN HAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 4 7. CUP 2017-0005 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minoi conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of five (5) years from September 5, 2017 through September 5, 2022. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the-extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. 9. Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondlscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Within 60 days of this approval, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a -· CUP 2017-0005-OLIVEN HAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 5 Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. Within 60 days of this approval owner/applicant shall obtain building permits for both mobile buildings. Failure to do so shall render this approval null and void. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Code Reminders: 14. This approval is granted subject to the Conditions of CUP 02-01 contained in Planning Commission Resolution No. 5535 for those other approvals incorporated herein by reference. 15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. ......, CUP 2017-0005 -OLIVEN HAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 6 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. _If you have any questions regarding this matter, please feel to contact Paul Dan at (760) 602-4614. Sincerely, ~ ►~ re.. __ . /l I TERI DELCAMP Principal Planner TD:PD:sc c: Don Neu, City Planner Tecla Levy, Project Engineer File Copy Data Entry HPRM (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (76~; O Applicant Signature: ~ ~ :s,r- Staff Signature: Date: c;.1'5 ,/8 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 (city of Carlsbad INTRODUCTION 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. The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP, provide a streamlined review process for proposed new development projects that are subject to discretionary review and trigger environmental review pursuant to the California Environmental Quality Act (CEQA). Analysis of GHG emissions and potential climate change impacts from new development is required under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), 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. 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 CAP are achieved. Implementation of these measures would ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified GHG reduction targets. Projects that are consistent with the CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts analysis of GHG emissions. Projects that are not consistent with the CAP must prepare a comprehensive project-specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. Cumulative GHG impacts would be significant for any project that is not consistent with the CAP. The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to comply with later amendments to the CAP or local, state, or federal law. P-30 Page 1 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist APPLICATION SUBMITTAL REQUIREMENTS ..111 The Checklist is required only for projects subject to CEQA review. The diagram below shows the context for the CAP Consistency Checklist within the planning review process framework . ..111 If required, the Checklist must be included in the project submittal package. Application submittal procedures can be found on the City of Carlsbad website here . ..111 The requirements in the Checklist will be included in the project's conditions of approval. ..111 The applicant must provide an explanation of how the proposed project will implement the requirements described herein to the satisfaction of the Planning Division . ..111 If a question in the Checklist is deemed not applicable to a project, an explanation must be provided to the satisfaction of the Planning Division. P-30 CAP Consistency Checklist Consistent Remaining development review process Complete Not Consistent Project has a CEQA Significant Impact: EIR Required Page 2 of 13 Remaining development review process Complete Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Project No./Name: Property Address/ APN: Applicant Name/Co.: /'1~r, bUv£NI-IArrJ l<.D, £;,lvuNt7f1S, CA et2o2 'I ~N 255-0'lo -5i-oo ~eo~-e: 814~-r /tJMWD Contact Phone: Was a consultant retained to complete this checklist? Consultant Name: Company Name: Project Information 1. What is the size of the project (acres)? 2. Identify all applicable proposed land uses: □ Residential (indicate# of one-and two-family units): □ Residential (indicate# of multi-family units): □ Commercial (indicate total square footage): □ Hotel (indicate# of rooms): □ Industrial (indicate total square footage): ~ Other (describe): ie-HP. 0 PP! c-€ 51' At£. 3. Provide a brief description of the project proposed: Contact Email : □ Yes ~No Contact Phone: Contact Email : If Yes, complete the fol lowing 8.01 Ac TeHPoM-/2-'I ,tLA--1 l£I-PtAt:eJ.,leNT ro ,4c.co H Ho D ,q--rE. I>, s -r1-t C-r 57i4 FF Out{ Nl::I l<E3Hoof3-oF 6/.t S71NG, OH wD }r'f)H1N 'f Ol'/3u17JoA15 P-30 Page 3 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTC02e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, 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. Step 1: Land Use Consistency Checklist Item (Check the appropriate box and provide explanation and supporting documentation for your answer) 1. The size and type of projects listed below would emit fewer than 900 MTCO2El per year. Based on this threshold, does the proposed project equal or exceed these characteristics? • 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: For project types not listed in this section, including changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCO2El screening threshold. If "Yes", proceed to Question 2. Yes No □ If "No", in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent with the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when compared to the existing designations? □ □ If ''Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis in accordance v.ith the City of Carlsbad's Guidance to Demonstrating Consistency v.ith 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 measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091 . Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist. P-30 Page 4 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official. 1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. Checklist Item (Check the appropriate box and provide explanation for your answer) Residential, Commercial and Industrial Photovoltaic Systems 1. Residential Photovoltaic Systems Does the project include photovoltaic systems with a minimum average system size of 1.6 kilowatts2 for each residential unit? Check "NIA" only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems For new nonresidential projects v.ith more than 50 cars surface parked or on roofs of parking structures, would the project include photovoltaic panels over at least half of the surface/roof-parked cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)? OR Would the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not contain any non-residential buildings or provides 50 or fewer parking spaces. Efficient Lighting Standards 3. LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be comprised of LED or other similarly efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Heating • Residential Units: Does the project indude a solar water heating system capable of producing 2,300 kWn/year or 112 therms/year of total energy required for water heating? • Commercial Projects: Does the project include a solar water heating system capable of producing at least 50 percent of total energy required for water heating? • Restaurants of 8,000 square feet or greater with a service water heater rated 75,000 Btu/h or greater: Does the project include installation of a Yes No □ □ □ □ □ □ □ □ □ □ □ □ 1 Actions that are not subject to Step 2 would include, for example: 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not resu lt in the use intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions wou ld not result in new occupancy buildings from which GHG emissions reductions could be achieved, the items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page 5 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist I .. ' .· Step 2: CAP Measures Consistency Checklist Item (Check the appropriate box and provide explanation for your answer) solar water-heating system with a minimum solar saving fraction of 0.15 consistent with non-residential voluntary standards of the California Green Building Standards Code?3 Exceptions to this measure include: 1. Buildings with a natural gas service water heater with a minimum of 95 percent thermal efficiency. 2. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to include heat pump water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not contain any residential or non-residential buildings. Transportation Demand Management 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project include a transportation demand management (TOM) plan reviewed and approved by the City of Carlsbad Transportation Division (see Attachment A, Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if it would not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (ZEV) Travel 6. Zero-Emission Vehicle Infrastructure • One-and two-family dwellings and townhouses with attached private garages: Would the required parking serving each new dwelling be "EV Ready''4 to allow for the future installation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? • Multi-Family Projects offewer than 17 dwelling units: Would a minimum of one parking space be "EV Ready'' to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? • Multi-Family Projects of 17 or more dwelling units : Would five percent of the total parking spaces required, or a minimum of two spaces, whichever is greater, be "EV Capable"5 to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? Of the total "EV Capable" spaces provided, would 50 percent of them, or a minimum of one, ' I ··' ; '\ •', , .. Yes No NIA ' □ □ □ □ □ □ 3 Btu/h=British thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. • "EV Ready" means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and termi nates into a cabinet. box or enclosure, in a manner approved by the building official. 5 "EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel in a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist I .', -Step 2: CAP Measures Consistency Checklist Item (Check the appropriate box and provide explanation for your answer) whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by residents and guests? • Non-residential projects: Would six percent of the total parking spaces required, or a minimum of one space, whichever is greater, be "EV Capable" to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by future occupants? Of the total "EV Capable" spaces provided , would 50 percent of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System Improvements 7. For one-and two-family residential projects, does the project include: • Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compliance with Section 1502 of the California Plumbing Code?6 Check "NIA" if the project does not include residential buildings. I Yes No N/A □ □ □ 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date of Architect/Developer TDM Plan: _______ _ PHASE I: ARCHITECT/DEVELOPER SECTION I: GENERAL INFORMATION Developer: Architect/Developer: Primary Contact: Mailing Address: Phone: Email: SECTION II: PROJECT INFORMATION I Project Address: SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans. Include the number of amenities within each category as well as a site map. Please list at least one item from each of the six categories. 1) Bike Parking Requirements D Secure Bicycle Parking D Bikes available for employees D End-of-trip facilities such as showers and changing rooms with lockers Updated 10/6/2016 8 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 2) Pedestrian Facilities D Pedestrian Access to the Public Sidewalk {city of Carlsbad D Direct Routes from Public Sidewalk to Each Building in the Project 3) Transit Facilities D Convenient Access to Transit 4) Vehicle Facilities D Preferential Parking for Carpools and Vanpools D Convenient Drop-off for Carpools and Vanpools Onsite 5) Facilities: On-Site Amenities D Cafe or Full Service Cafe D Kitchen capable of providing catering D Conference Center/Meeting Rooms D Conference Communication Equipment D Wellness Center/Gym D Athletic Facilities D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient services Updated I 0/6/2016 9 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TOM) Plan Commercial Buildings V 1.2 6) Additional (Optional) Programs and Services: {city of Carlsbad D Mobility Hub Services (transportation options, shuttle, bus service, etc.) D EV Infrastructure D Parking Management Plan SECTION V: AUTHORIZATION Name and Signature of Designated Property Mana2ement C on tact: Printed Name Signature Date Name and Si nature of Ci of Carlsbad Re resentative: Printed Name Signature Date Updated I 0/6/2016 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date of TDM Plan: _______ _ PHASE II: COMPANY TDM PROGRAM SECTION I: GENERAL INFORMATION Company: Property Manager/ Human Resources Manager: Primary Contact: Mailing Address: Phone: I Email: I SECTION II: PROJECT INFORMATION 1·Project Address: SECTION III: CAP ALIGNMENT I I Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: PROGRAMS The following Programs 1-7 must be implemented within one year of project completion. Please list at least one item from each of the six categories. Updated 10/6/2016 11 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad 1) Completion of Annual Survey: 0 Agree to conduct a TDM survey or an iCommute survey annually. 2) Designated On-site Transportation Coordinator: 0 Agree to designate an on-site transportation coordinator to be the point of contact with the City, regarding transportation demand management facilities and programs. This person shall serve as the on-site coordinator. 3) Information Board or Kiosk: 0 Information Board or Kiosk in Prominent Location for Residents, with resources on all modes of transportation. 4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program: 0 On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program 0 Information about transit services to your location 5) Participation in Guaranteed Ride Home or similar program D Agree to participate in a Guaranteed Ride Home Program when a personal emergency situation arises for tenant who uses an alternative commute mode to get to work (or from work to home). Updated 10/6/2016 12 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 6) Rideshare Services D Rideshare matching services, subsidies or pre-tax donation D Vanpool Services D Car Sharing Services D Assistance in Finding Commute Alternatives 7) Additional (Optional) Programs and Services: D Telecommute Program D Flexible work hours or compressed work week D Parking Management Plan D Other On-Site Amenities SECTION V: AUTHORIZATION {city of Carlsbad Name and Signature of Designated Property Management or Human Resources Mana er Contact: Printed Name Signature Date Name and Si nature of on-site trans ortation coordinator: referred Printed Name Signature Date Name and Signature of City of Carlsbad Representative: I I Printed Name Signature Date Updated 10/6/2016 13 -@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.: 00096999-993-S02-CFU Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 ATTN: Cindy Pecile Email : cpecile@olivenhain.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: 1966 OLIVENHAIN, ENCINITAS, 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 ALTA Homeowner 's 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 all liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By:-~--~----- Authorized Signature CL TA Preliminary Report Form -Modified (11/17/06) Randy Ou>rl< PrtsKlo,n Page 1 ~Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: September 6, 2018 at 7:30 a.m. ORDER NO.: 00096999-993-SD2-CFU The fonn of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only I. 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: OLIVENHAIN MUNICIPAL WATER DISTRICT, a public agency 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: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS THE LAND DESCRIBED IN GRANT DEEDS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED JUNE 19. 1962 AS INSTRUMENT NO. 104122 OFFICIAL RECORDS AND APRIL 30. 1991 AS INSTRUMENT NO. 1991-0197545 OFFICIAL RECORDS, BEING PORTIONS OF LOTS 10 AND 13, RESPECTIVELY, OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 13 (WHICH IS ALSO THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID INSTRUMENT NO. 1991-0197545) WITH THE WESTERLY RIGHT-OF-WAY LINE OF ROAD SURVEY 454A AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 19, 1930 IN BOOK 1839 PAGE 356 DEEDS OF SAID COUNTY, ALSO KNOWN AS RANCHO SANT A FE ROAD; THENCE LEAVING SAID NORTHERLY LINE OF LOT 13 SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY SOUTH 19°44'3511 EAST, (SOUTH 20°17'3011 EAST PER RS 454A) 280.95 FEET (RECORD SOUTH 20°09'5311 EAST, 280.84 FEET PER SAID INSTRUMENT NO. 1991-0197545); THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE LINE DESCRIBED IN SAID INSTRUMENT NO. 1991- 00197545 SOUTH 87°29'53 11 WEST, 487.30 FEET (RECORD SOUTH 87°03'3011 WEST, 518.71 FEET PER SAID DOCUMENT); THENCE SOUTH 02°39'2711 EAST, 150.37 FEET (RECORD SOUTH 02°56'3011 EAST 150.00 FEET); THENCE SOUTH 87°34'3811 WEST, 292.04 FEET (RECORD SOUTH 87°03'3011 WEST, 291.59 FEET); THENCE NORTH 02°30'3711 WEST, 149.95 FEET (RECORD NORTH 02°56'3011 WEST, 150.00 FEET); THENCE SOUTH 87°30'2011 WEST, 489.91 FEET (RECORD SOUTH 87°03'3011 WEST, 490.00 FEET); THENCE NORTH 02°24'1611 WEST, 207.29 FEET (RECORD NORTH 02°50'3011 WEST, 207.25 FEET) TO THE SOUTHERLY LINE OF PARCEL l OF THE OLIVENHAIN ROAD DEDICATION TO THE CITY OF CARLSBAD BY OLIVENHAIN MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED AUGUST 21, 2007 AS INSTRUMENT NO. 2007-0556028 OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 87°29'5311 EAST, 79.56 FEET TO THE BEGINNING OF A TANGENT 1256.00 FOOT RADIUS CURVE CONCA VE NORTHERLY; THENCE ALONG SAID CURVE 256.00 FEET THROUGH A CENTRAL ANGLE OF 11 °40'4211 TO THE WESTERLY END OF A PORTION OF OLIVENHAIN ROAD VACATED BY THE CITY OF CARLSBAD AND RECORDED JANUARY 25, 2014 AS INSTRUMENT NO. 2014-0020062 OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID VACATED ROAD AND CONTINUING ALONG SAID CURVE 137.04 FEET THROUGH A CENTRAL ANGLE OF 06°15'0611; THENCE NORTH 87°29'5311 EAST, 42.11 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS CURVE, CONCA VE NORTHWESTERLY; THENCE ALONG SAID CURVE 257.15 FEET THROUGH A CENTRAL ANGLE OF 49°06'4511; THENCE NORTH 38°23'0811 EAST, 59.15 FEET TO THE BEGINNING OF A NON-TANGENT 1256.00 FOOT RADIUS CURVE CONCA VE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 36°03'3611 EAST; THENCE ALONG SAID CURVE 39.39 FEET THROUGH A CENTRAL ANGLE OF 01 °47'4811; THENCE NORTH 52°08'3611 EAST, 5.01 FEET TO THE BEGINNING OF A TANGENT 1490.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE 10.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°24'3011; THENCE NORTH 37°48'2011 WEST, 3.71 FEET TO THE BEGINNING OF A NON-TANGENT 1486.17 FOOT RADIUS CURVE CONCA VE NORTHWESTERLY, A RADIAL LINE TO SATO POINT BEARS SOUTH 37°48'2011 EAST; THENCE 96.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 03°42'5711 TO THE MOST SOUTHWESTERLY POINT OF PARCEL 2 OF THE OLIVENHAIN ROAD DEDICATION TO THE CITY OF CARLSBAD BY OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED AUGUST 21, 2007 AS INSTRUMENT NO. 2007-0556029 OFFICIAL RECORDS; CLTA Preliminary Report Form -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00096999-993-SDZ-CFU THENCE LEA YING THE LINE OF THE OLIVENHAIN ROAD VACATION ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 WHICH IS A CONTINUATION OF THE 1486.17 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, 49.97 FEET THROUGH A CENTRAL ANGLE OF 01 °55'35"; THENCE RADIAL TO SAID CURVE SOUTH 43°26'51" EAST, 3.83 FEET TO THE BEGINNING OF A NON- TANGENT 1490.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43°26'51" EAST; THENCE 92.41 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°33'12"; THENCE SOUTH 88°14'35" EAST, 33.87 FEET TO THE BEGINNING OF A NON-TANGENT 633.00 FOOT RADIUS CURVE CONCA VE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 48°38'58" EAST; THENCE 238.72 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°36'27" TO THE MOST SOUTHEASTERLY POINT OF SAID PARCEL 2 ROAD DEDICATION, BEING A POINT ON THE WESTERLY LINE OF THE ABOVE-DESCRIBED ROAD SURVEY 454A KNOWN AS RANCHO SANTA FE ROAD; THENCE ALONG SAID WESTERLY LINE SOUTH 19°44'35" EAST, 126.53 FEET TO A POINT ON THE SOUTH LINE OF LOT 10 WHICH IS THE SOUTH LINE OF THAT LAND GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT AND RECORDED JUNE 19, 1962 AS INSTRUMENT NO. 104122 OFFICIAL RECORDS, BEING ALSO A POINT ON THE ABOVE DESCRIBED NORTH LINE OF LOT 13 AND THE POINT OF BEGINNING. SAID DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT NO. ADJ 16-06, RECORDED APRIL 11, 2017 AS INSTRUMENT NO. 2017-0160897 OFFICIAL RECORDS. APN: 255-040-59-00 CLTA Preliminary Report Form -Modified (11/17/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS 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. Taxes not assessed. B. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFDNo: For: Disclosed by: Recording Date: Recording No.: City of Carlsbad Notice of Special Tax Lien May 20, 1991 1991-0236959 Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes. The tax may not be prepaid. C. 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: County of San Diego public road August 4, 1898 Book 272. Page 86 Deeds 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 granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company public utilities November 17, 1948 Book 3019. Page 384 Official Records a portion 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: San Diego Gas & Electric Company public utilities, ingress and egress December 23, 1948 Book 3059, Page 321 Ollicial Records a portion of said land 4. 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 & Electric Company public utilities July 2, 1965 119081 Official Records a portion of said land CL TA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS (Continued) 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: San Diego Gas & Electric Company public utilities December 1, 1971 279388 Official Records a portion 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: San Diego Gas & Electric Company public utilities January 20, 1981 81-017997 Official Records The exact location and extent of said easement is not disclosed of record. 7. 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: The Pacific Telephone and Telegraph Company telegraph, telephone, and communication structures March 13, 1981 81-07739 I Official Records a portion of said land 8. 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: and Re-Recording Date: and Re-Recording No: Wiegand Properties Partnership, a California general partnership public utilities and right-of-way for road purposes April 30, 1991 91-0 I 97546 Official Records a portion of said land August 21, 1991 1991-0429143 Official Records 9. 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: City of Carlsbad, a municipal corporation inundation of land during flooding period May 2, 1996 1996-0222578 Official Records a portion of said land I 0. 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: City of Carlsbad access road May 2, 1996 1996-0222579 Official Records a portion of said land CL TA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS (Continued) 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease The Olivenhain Municipal Water District Cox PCS Assets, L.L.C., a Delaware limited liability company December 15, 1999 1999-0813021 Official Records An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by: Recording Date: August 23, 2010 Recording No: 20 I 0-0436946 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 12. 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: City of Carlsbad, a municipal corporation temporary construction of road & slope April 23, 2001 2001-024 7976 Official Records a portion of said land 13. 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: City of Carlsbad, a municipal corporation slope April 23, 2001 2001-024 7977 Official Records a portion of said land 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas & Electric Company, a corporation public utilities, ingress and egress June 24, 2002 2002-0530127 Official Records The exact location and extent of said easement is not disclosed of record. CLTA Preliminary Report Form -Modified (11/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS (Continued) I 5. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Memorandum of Agreement Olivenhain Municipal Water District Lessee: Recording Date: Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless January 28, 2004 Recording No: 2004-0066335 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 16. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property July 23, 2004 2004-0691406 Official Records Reference is hereby made to said document for full particulars. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Carlsbad, a municipal corporation Purpose: access road for installation, construction, maintenance, repair, replacement, reconstruction and inspection Recording Date: Recording No: Affects: October 5, 2004 2004-0943382 Official Records a portion of said land I 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: City of Carlsbad, a municipal corporation inundation of land during flooding periods October 5, 2004 2004-0943491 Official Records The exact location and extent of said easement is not disclosed ofrecord. I 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas & Electric Company, a corporation transmission of electricity June 28, 2005 2005-0543441 Official Records The exact location and extent of said easement is not disclosed of record. CLTA Preliminary Report Form -Modified (I 1/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SDZ-CFU EXCEPTIONS (Continued) 20. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property June 6, 2006 2006-0399372 Official Records Reference is hereby made to said document for full particulars. 21. Matters contained in that certain document Entitled: Agreement for Reimbursement of Planning, Environmental Planning, design and Construction Costs for Rancho Santa Fe Road and Olivenhain Road Executed by: City of Carlsbad, a municipal corporation and Olivenhain Municipal Water District, a municipal water district Recording Date: September 28, 2006 Recording No: 2006-0692579 Official Records Reference is hereby made to said document for full particulars. 22. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage June 6, 2007 2007-0381720 Official Records Reference is hereby made to said document for full particulars. 23. 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: City of Carlsbad, a municipal corporation access August 21, 2007 2007-0556027 Official Records a portion of said land 24. 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: City of Carlsbad, a municipal corporation traffic signal maintenance and public pedestrian access purposes August 21, 2007 2007-0556030 Official Records a portion of said land 25. 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 & Electric Company, a corporation public utilities May 21, 2010 20 I 0-0257196 Official Records a portion of said land CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 9 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS (Continued) 26. 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: City of Carlsbad, a municipal corporation public street and utility February 8, 2011 2011-0075526 Official Records a portion of said land 27. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Quitclaim Deed and Acceptance of Sewer Facilities November 10, 2011 Olivenhain Municipal Water District; Leucadia Wastewater District November 21, 2011 2011-0622159 Official Records Reference is hereby made to said document for full particulars. 28. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Notice of Restriction on Real Property January 25, 2013 Olivenhain Municipal Water District; City of Carlsbad February 11, 2013 2013-0091071 Official Records Reference is hereby made to said document for full particulars. 29. Any irregularities, reservations, easements or other matters in the proceedings occasioning the abandonment or vacation of the street/road shown below: Name: Recording Date: Recording No: Olivenhain Road January 15, 2014 2014-0020062 Official Records The exact location and extent of said easement is not disclosed of record. 30. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Notice of Restriction on Real Property Olivenhain Municipal Water District and City of Carlsbad January 28, 2014 2014-003 7914 Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU EXCEPTIONS (Continued) 31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Pacific Bell Telephone Company, a California corporation dba AT&T California access & utility March 27, 2014 2014-012004 7 Official Records The exact location and extent of said easement is not disclosed of record. 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Cox Communications California, LLC ingress, egress and telecommunications equipment July 10, 2014 2014-0287549 Official Records The exact location and extent of said easement is not disclosed of record. 33. An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Sub lessor: Sub lessee: Recording Date: Recording No: Agreement T-Mobile West Tower LLC, a Delaware limited liability company CCTMO LLC, a Delaware limited liability company May 12, 2015 2015-0237364 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 34. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice of Restriction on Real Property October 19, 2015 2015-0544381 Official Records Reference is hereby made to said document for full particulars. 35. 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. 36. Water rights, claims or title to water, whether or not disclosed by the public records. 37. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CL TA Preliminary Report Form -Modified (11/17/06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU 38. 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 ohitle 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 CL TA Preliminary Report Form -Modified (11/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: None REQUIREMENTS SECTION END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) -Chicago Title Company ORDER NO.: 00096999-993-SD2-CFU Page 13 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00096999-993-SDZ-CFU 1. None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 1966 Olivenhain, located within the city of Encinitas, California,, to an Extended Coverage Loan Policy. 3. 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. 4. 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. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) 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. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CL TA Preliminary Report Form -Modified (11/17/06) Page 14 r ::1w I RE SAFE. I Inquire before you wirel 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: Wire Fraud Alert Federal Bureau of Investigation: http://www.O,i.gov Internet Crime Complaint Center: http://www.ic3.gov Page I Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (OSI Rev. 12/07117) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE 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. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. 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. Browsing Information. FNF may automatically collect 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 mobile device: • Internet Protocol (JP) 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 How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • 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. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. 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 other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to 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 third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of 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; • 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 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00096999-993-SD2-CFU • 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 ofFNF, 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 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. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with 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 and Browsing Information with nonaffiliated third parties, except as permitted by California law. 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 and 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 share 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 meant for adults and 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 for any of the purposes described in this Privacy Notice. 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 (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) 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 ofFNF or the public. Your Consent To This Privacy Notice; Notice Changes 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 revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17) Page 2 Order No. 00096999-993-SD2-CFU C collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00096999-993-SD2-CFU C 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 field 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 each discount. These discounts only apply to transaction 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. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 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 said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) 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 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-20 JO C ATTACHMENT ONE 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 ofa 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. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALT A HOMEOWNER'S 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: I. 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 I 7. 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 (6-5-14) CA & NV c. that result in no Joss 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. LIMIT A TIO NS 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 Joss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any Jaw, 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 I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 orl4);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 Jaws, 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 1 l(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 II,( 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 (6-5-14) CA & NV C (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: I. (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 ALT A 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: I. (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is ( a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (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: I. (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 T ,and 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 (6-5-14) CA & NV C ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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: I. (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 !(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(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. Atta~hment One (6-5-14) CA & NV ~-~! o O' <II 3 g ~! 1-@l ~ i: !!: ~ ffi!I ifj J,.. '<.01 if! i-!1i s ::-1 ~. 0 • . '· H1 • 0 i!! ~~i il1 lti : 6'1 3 ·1 -~ _a.:; =-g_1 ' !~ii • 11 ()0 0, is:i!; I., .e-1 -a ii-< 2. 1 ~ !~ fi· -· . :1 ~r I ~~] 1 C ::,I I jjjs_l ~[i ~ 8"! 1-il 1 1 H: ;ti ~ a.] f, ~ii fl I~! III g_a. :'.'.. s.~ ~. = ~I < I • ,. ~ ~ s_ll 8 ~ QI _::, pr~ "1J m <1 I HI' IE ~ 1 g ~~I ~ ~ ~1 :::I H] ;: I ;: 3. .. "· ~ ~ci ~~ _=----.-s ~ SHT 3 lEJ>.__ g © SAN DIEGO COUNlY ASSESSOR'S MAP BOOK 255 PAGE 04 @ SHTZ Rosi: 6iJ SHT 2 Ew SHT 4 ~ MAP 14012-CARLSBAD TCT NO 98-02 MAP 11172-CO Of S D TCT NO 4304-9 MAP 848 -R~O LAS ENCl~lTAS ROS 51122. 5728. 6407, 12691 ~~~~~~"='i IMY NOT COll'l.Y WITH l.DCAl SlllDM5ION OR IIUI.JJNG ORIJNAHCES. ~ SHT 3 g SHT2 6ill ~ SHT 1 • /I '• :-'!,->f.8t 4;,; ~\\I~ /if;/ ® _· • rSEE DET ----~~-.·· ot.i\JE~~,';~.-.. · -· >' ~1-~••'•"'· -~< ·:-:----;:::-=,:-,.,.....__._J RS//6JI ~509~~;...---,~~f&~::]l!:::=~ 255-04 1.J400. tfi 1• CPEM SPACE ~ ~// ~a ry.,,. ~ ,, DETAIL "B" 1"=5D' .-" I ( r OWNER'S DECLARATION Escrow No.: 00096999-993-SD2-CFU Property Address: 1966 Olivenhain Encinitas, 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 1966 Olivenhain, Encinitas, 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 1966 Olivenhain, Encinitas, 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: 3/23/2017 1 :57 PM by «User Initials» Page 10 Escn