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HomeMy WebLinkAboutCUP 13-09; Icetown Skateoplex; Conditional Use Permit (CUP) (2)CITY OF CARLSBAD LAND USE REVIEW APPUCATION P-1 Deveiopment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits I I Administrative Permit Q Coastal Development Permit (*) O Minor H Conditional Use Pemiit (*) n Minor • Extension I I Environmental Impact Assessment d Habitat Management Pennit dl Minor • HiHside Development Permit (•) i i Planned Development Permit • Residentiat • Non-Residential r~l Planned Industrial Pemiit I i Planning Commission Detennination r~l Site Development Plan n Special Use Permit • Tentative Tract Map/Parcel Map n Variance [H Administrative (FOR DEPT. USE ONLY) Legislative Permits f~] General Plan Amendment I i Local Coastal Program Amendment (*) I I Master Plan Q Amendment n Specific Plan [H Amendment n Zone Change (') I i Zone Code /unendment (FOR DEPT. USE ONLY) South Carisbad Coastal Review Area Permits I 1 Review Permit [ I Administrative [U Minor Q Major Wtfaqe Review Area Permits I I Review Permit O Administrative dl Minor O Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING HULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL N0(S).: 213-050-43 PROJECTNAME: \<^TQ{s)f^ SKateoplex BRIEF DESCRIPTION OF PROJECT: Ice training facility in an existing building. BRIEF LEGAL DESCRIPTION: "-Ot 8 Of tfack number 73-48 LOCATION OF PROJECT: North 2283 Cosmos Drive ON THE; BETWEEN (NORTH, SOUTH, EAST, WEST) Yarrow Drive SIDE OF AND STREET ADDRESS Camino Via Roble (NAME OF STREET) El Camino Real (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): Westem States Tech Holdings. Inc. MAILING ADDRESS: 18101 Von Karman Ave. #33D CITY, STATE, ZIP: Irvine, CA 92612 TELEPHONE 310-293-9965 EMAIL ADDRESS. sv@wes1ernstatestech.com APPLICANT NAME (Print): Alex Dunaev MAILING ADDRESS: 10540 Magnolia Avenue, Suite A CITY.STATE.ZIP: Riverside, CA 92505 TELEPHONE 951 -637-3070 Ext. 43 EMAIL ADDRESS: adunaev@icetown.eom I CERTIFY THAT i AM THE VEGf^ OWNER AND THAT AU THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF WY KNOWLEDGE ^NUWLtUUt. j SlGNATll£fe y:17:/l DATE I CERTiFY THAT I AM THE LEGW. REPF^SENTATIVE OF THE OWNER AND THAT ALL THE ABOVP INFORMATION IS TRUE AND CORRECT TO THE BESraf Kl/KNOWLEDGE ^ATURE DATE ^ APPLICANTS REPRESENTATIVE (Print): Hofman Planning & Engineering MAILING ADDRESS: 3156 Lionshead Avenue. Suite 1 CITY, STATE, ZIP Carlsbad, CA 92010 TELEPHONE: EMAIL ADDRESS: seven@hofmanplanning.eom 760-692-4100 t CERTIFY THAT I AM THE UEGAL REPRESENTATIVE OF THE APPUCANT AND THAT ALL THE ABOVE INFORMATION tS TRUE AND CORBECT TO THE BEST OF MY KNOWLEDGE. DATE 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. lAWE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST ^OPERTY OWNER SIGNATURE FOR CITY USE ONLY AUG 0 6 im CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 11/12 CARLSBAD DISCLOSURE STATEMENT P- 1(A) Development Services Planning DMston 1635 Faradav Avenue (760) 602-4610 www.cadsbadca^ov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councii or any appointed Board, Commission or Committee. The following informatton MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this infonnation is completed. Please print. ifM^. %m, cb^a^biersh^ j|db3it ^rarM, ja^^ APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a finandal interest in the application. If the applicant includes a corooration 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 PUblidVH corporation, tnclude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/PartJ^7^>g^. PersOTJ Title Title "^^^y. Address Address^^ A;^^^ OWNER (Not the owner's agent) ve^^i^^ ^ Provide the COI^LETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the le^l ownership (i.e.. partnership, tenants in common, non-profit, corporation, etc.). if the ownership includes a conxiration 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, tf a publidv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attacted if necessary.) Person Title Address IT necessary Corp/Part'\it^.JlfeA>Nf Stkf^S^M. jlbili/Uf 1^ Trtle PMS^^S^T Address P-1 (A) Page i of2 Revised 07/10 3 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit onaanization 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 ofthe. 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? I I Yes J2 NO If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is tme and correct to the best of my knowledge. Signature? of owner/date ^"Sgnature of applicant/date Print ortypfe name of owner Print or type name of applicant Signature df ownerikj}plicant*s agent if applicabie/date (3 t (I (^-(^n-flv^/a,^.^ Print or type name of owner/appl'icanf s agent f*-^ W Paoe 2 of 2 Revised 07/i 0 CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1{C) ijeveiopment Services Planning DIvisicm 1635 Faraday Avenue (7601602-4610 www.carlsbadca.gov Consultation ol 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 Califomia Environmental Protection Agency and hereby certify that (check one): D The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. [~] The development project and any altematives proposed in this applicatton are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPUCANT Name: Alex Dunaev Address: "^05^0 Magnolia Avenue, Suite A Riverside. CA 92505 Phone Number: 951-637-3070 Ext. 43 PROPERTY OWNER Name: Westem Tech States Hddings. inc Address: 18101 Von Karman Ave, #33D Irvine. CA 92612 Phone Number: 310-293^9965 Address of Site; 2283 Cosmos Court Local Agency (City and Countv): C'ly of Carisbad, County of San Diego Assessor's book, page, and parcel number: 213-050-43 Specify list(s):_, Regulatory Identification Number: Date of List: Applicant Signature/Date 1-7 lAy^a The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the Califomia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Rewsed 02/13 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: DUNAEV ALEX Description CUP13009 2283 COSMOS CT CBAD Amount 4,638.58 Receipt Nuinber: R0096341 Transaction Date: 08/06/2013 Transaction ID: R0096341 Pay Type Method Description 7\mount Payment Check 4,638.58 Transaction Amount: 4,638.58 hi • • ^ PROJECT Development Services %i DESCRIPTION Planning Division ^ CITY OF P 1635 Faraday Avenue TAR I ^RAH "^"'VD; (760)602 4610 V—r-VIM—JUrALy www.carlsbadca.gov PROJECTNAME: Skateoplex APPLICANT NAME: Alex Dunaev 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: CUP for ice training facility in existing building. See enclosed project description for further details. p-1 (B) Page 1 of 1 Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1321801-3 08/05/2013 149 Tue, Aug 06, 2013 02:47 PM Receipt Ref Nbr: R1321801-3/0040 PERMITS - PERMITS Tran Ref Nbr: 132180103 0040 0045 Trans/Rcpt#: R0096341 SET #: CUP13009 Amount: 1 @ $4,638.58 Item Subtotal: $4,638.58 Item Total: $4,638.58 1 ITEM(S) TOTAL: $4,638.58 Check (Chk# 7590) $4,628.00 Credit Card (Auth# 012404) $10.58 Total Received: $4,638.58 Have a nice dayl **************CUSTOHER COPY************* AERIAL IMAGE 2283 Cosmos Court Skateoplex Site Photo Legend ^ ' IL. » i Skateoplex Sports Center August 6, 2013 City of Carlsbad Planning Department The Rink PROJECT DESCRIPTION The Skateoplex Sports Center will consist of a regulation Ice surface with dasher boards and tempered glass surrounding the rink. The Skateoplex Sports Center will consist of: • Changing rooms for hockey players and figure skaters • Classroom/study area rooms for video and instructional training • Coaches room used for personal storage of coaches uniforms as well as training and teaching materials • Referee room for our youth and adult leagues • Zambonl room for the ice resurfacing machine • Storage rooms > There will be two storage rooms included for leaner hockey equipment for our parks and recreation programs as well as our learn to skate programs • Full service pro shop • Snack bar for our customers • Restrooms for women and men The Skateoplex Sports Center's primary use is for training and education on skills and techniques in figure skating, hockey, and Individual team practices. Skating lessons for figure skating and hockey will be offered through the Carlsbad Parks and Recreation programs along with our home school physical education program. Skates will be included to participants who are enrolled in these programs. Local church groups will use the facility for leadership programs and activities such as Broom Ball. Figure skating and Freestyle sessions are a morning activity for the goal oriented athlete with no more than 20 skaters on the ice surface at any one time. Our Olympic and staff coaches will teach private lessons for those who desire at these times. Our figure skating club will use this facility for training in moves and test sessions in front of judges as if they were at an actual competition. Carlsbad Parks and Recreation and after school learn to skate programs will be scheduled during the afternoon sessions throughout the week and sometimes on weekends. All customers/members will be enrolled in one or more of our programs. Programs for Carlsbad Parks and Recreation will offer learn to skate classes in figure skating and hockey for Carlsbad residents. The class size for the learn to skate program will be determined by age group with class participation between ten to fifteen students per division. Hockey training is an afternoon activity that is offered to everyone. Players will be able to be in full hockey gear shooting pucks, trying stick handling techniques during their separate sessions, and working on individual skills and drills with a coach in a private lesson. Typical attendance is fifteen to twenty people per ice slot. Individual hockey teams will practice in full hockey gear executing team drills and concepts in preparing for the upcoming games. A typical ice session for a youth hockey team practice is one hour long. Surrounding Rinks Skateoplex Sports Center will not host youth or adult hockey tournaments or skating competitions. With Riverside Icetown being our headquarters, most ofthe scheduling and all ofthe accounting will be done there. There will be minimal staff required at the Carlsbad Skateoplex Sports Center to run day to day operations. During public session times will be when parking is at its highest demand. To control the parking situation, our public sessions will be scheduled during the evenings and weekends. This will not create a parking issue due to the fact that the surrounding businesses in the park will be closed. In the afternoons during the week, the parking demand is very low. The only programs we will have scheduled in the afternoons during the week will be figure skating and freestyles. Riverside Icetown opened its doors in 1997; this two ice sheet facility serves the Inland Empire with public skating sessions, freestyle skating, birthday parties, skating lessons, and a hockey program for both youths and adults. Riverside Icetown has over 1400 pairs of hockey and figure skates available to rent for its public skating sessions for those who do not already personally own a pair of skates. A full service snack bar is open daily providing food and drinks for skaters and visitors. There are bleachers for both ice sheets where parents and fans can comfortably relax and enjoy viewing games. Our on-site pro shop offers a full line of equipment and apparel for both figure skaters and hockey players. The other Ice Rinks in San Diego County offer similar programs typical to Riverside Icetown. Each of these rinks offer competitive club travel hockey programs within their respected organizations. These rinks hold weekly hockey competitions between member clubs belonging to "SCAHA" (Southern California Amateur Hockey Association). These ice rinks are similar in design with support facilities to accommodate occupancies of one hundred fifty people. Carlsbad parks and recreation program will be combined with communities of Oceanside and its surrounding areas during public sessions. CUP Request Skateoplex Sports Center schedule will offer multiple separate full ice sheet training sessions to its members for both figure skaters and hockey players. Classes such as Jump and spin, axle and stroking will be offered for figure skaters. Hockey players wil! be offered either training on their own or with a coach during puck play time, as well as being able to participate on competitive teams. Multiple training sessions lowers attendance. Programs for Carlsbad parks and recreation will run it's learn to skate program to Carlsbad residents along with residents of its surrounding areas. Learn to skate training programs and lessons can be offered without being part of the public skating session. With the type of programs and attendance allowed during the sessions, these combined efforts will lower the total occupancies for this facility thus lowering parking demand. With local shopping and restaurants within a 5 minute driving distance, parents will be able to drop off and pick-up the athlete and students of learn to skate programs and other activities. In conclusion, we are requesting a CUP to be granted for the Skateoplex Training Center within the City of Carlsbad. With activities for our local athlete's in education and training as well as our learn to skate programs for all family members, Skateoplex will be a perfect addition to solidify the City of Carlsbad's mission statement of "committed to helping people build a strong communitv by fiuiding and facilitating high qualitv proiects. preserving the environment, providing for diverse housing and employment, and maintaining a strong economic base." while adding a personal family aspect as well. Thank you for your consideration on this Project. Alex Dunaev President CARLSBAD SKATEOPLEX SCHEDULE (Tentative) 6:00AM 7:00AM 8:00AM 9:00AM 10:00AM 11:00AM 12:00PM 1:00PM 2:00PM 3:00PM 4:00PM 5:00PM 6:00PM 7:00PM 8:00PM 9:00PM 10:00PM 11:00PM MON 9:00AM 10:00AM TUE 1 9:00AM 10:00AM WED THUR FRI 1 • 1 SAT 1 , SUN LEGEND Color: Session: Users: Open Skating Primary Members Lesson Time industrial users Figure Skating Others, however Hockey industrial users Other Sessions v^elcome NOTE: Industrial users will be able to use the ice rink during "Members Lesson Times" for skating lessons as well as "Open Skating" to skate and train either on their own or with a private coach. They are also able to use the facility for all other programs. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: - fc ~^ ^ (To be completed by City) Application Number(s): cap n-o'i General Information 1. Name of project: Skateoplex 2. Name of developer or project sponsor: Alex Dunaev Address: 10540 Magnolia Avenue. Suite A City, State, Zip Code: Riverside, CA 92505 Phone Number: 951-637-3070 Ext. 43 3. Name of person to be contacted concerning this project: Hofman Planning (Shay Even) Address: 3156 Lionshead Avenue, Suite 1 City, State, Zip Code: Carlsbad.CA 92010 Phone Number: 760-692-4019 4. Address of Project: 2283 Cosmos Drive Assessor's Parcel Number: 213-050-43 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: 7. Existing zoning district: P'l^ 8. Existing land use(s): Existing tilt-up concrete building 9. Proposed use of site (Project for which this form is filed): Ice training facility Project Description 10. Site size: 1.74 Acres 11. Proposed Building square footage: 27,003 SF Existing, 1,331 SF to be added 12: Number of floors of construction: 1st Floor and Mezzanine 13. Amount of off-street parking provided: 98 stalls 14. Associated projects: PRE 13-15 (Preliminary Review) p-l(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: Recreational commercial. City oriented. No loading area. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Conditional use permit for recreational facility in the PM zone, allowed per Ord. No. CS-225 P-1 (D) Page 3 of 4 Revised 07/10 Are ttie following items applicable to ttie 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 • [X] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • E roads. 22. Change in pattern, scale or character of general area of project. • [X] 23. Significant amounts of solid waste or litter. • 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. • El 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • [X] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • IS 27. Site on filled land or on slope of 10 percent or more. • E 28. Use of disposal of potentially hazardous materials, such as toxic substances, • [X] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • El etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • [El 31. Relationship to a larger project or series of projects. Q [X] 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 my knowledge and belief Date: ^ ^ 6> 2-a iJZ Signature: For: tA fiU^^rf^ ^ ^^\gU^gr'<'A^ P-1(D) Page 4 of 4 Revised 07/10 TIME LIMITS ON Development Services DISCRETIONARY Planning Division ^ CITY OF CARLSBAD PROJECTS P-1(E) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PLEASE NOTE: 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 ofthe 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 (760) 602-4610. Applicant Signature: /f7/{ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Pagel ofi Revised 07/10 Fidelity National Title Company PRELIMINARY REPORT in response to the applicalion for a policy of liile insurance referenced herein. Fidelity National Title Company hereby reports lhal it is prepared lo issue, or cause to be issued, as qf lhe dale hereof a policy or policies of litle insurance describing liie 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 nol shown or referred to as an exception herein or nol 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 Risics of said policy or policies are set forth in Attachment One. The policy to be issued may conlain an arbitration clause. When the Amount qf Insurance is less than lhal sel 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. LimHations 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 qf Liability for certain coverages are also setforth in Attachment One. Copies ofthe 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 tille insurance, a Binder or Commilment should he requested. The policy(s) of litle insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California 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. ft 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. Countersigned by: Jl^^ " (b^J CJI^ Authorized Signature Authorized Signature CLTA Preliminar;- Report Form - Modified (1 l/l 7/06) Page I Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000'Fax: (949)477-6813 PRELIMINARY REPORT Title Officer: Trent Cornell (MA) TO: Garrett DeFrenza Stiepel Ryder LLP 3200 Bristol St., Ste 850 Costa Mesa. CA 92626 ATTN: .Kenneth A. Ryder YOUR REFERENCE: PROPERTY ADDRESS: 2283 Cosmos Court, Carlsbad, CA OrderNo.: 008-23033847-TC1 EFFECTIVE DATE: July 18, 2013 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: CLTA Std. Owner's 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: WESTERN STATES TECHNOLOGIES HOLDINGS, INC., a California corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. /aag 07/30/13 CLTA Preliminan Report Form - Modified (11/17/06) Page 2 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 008-23033847-Tc'l LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 4 OF PARCEL MAP NO. 11589. IN THE CITV OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1981 AS FILE/PAGE NO. 81-259791 QF OFFICIAL RECORDS. BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (CC. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. I, ACCORDING TO THE MAP THEREOF NO. 8054. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 2: AN UNDIVIDED 1/6™ TENANT IN COMMON INTEREST IN LOT 7, OF PARCEL MAP NO. 11589. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AUGUST 14,1981 AS FILE/PAGE NO. 81-259791 OF OFFICIAL RECORDS, BEING A DIVISION OF LOT 8 OF CARLSBAD TRACT NO. 73-49 (CC. & F. PALOMAR AIRPORT BUSINESS PARK) UNIT NO. 1, ACCORDING TO THE MAP THEREOF NO. 8054. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 213-050-43-00 CLTA Preliminarj- Report Fomi -Modified (I I/I7/06) Page 3 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 008-23033847-Tc'l 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: 2. 3. 4. 5. 6. 7. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013-2014. Any liens or other assessments, bonds, or special district liens including without limitation. Community Facility Districts, that arise by reason of any local. City, Municipal or County Project or Special District. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) ofthe Revenue and Taxation Code of the State of California. Water rights, claims or title to water, whether or not disclosed by the public records. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent lhat said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: October 1, 1974 74-263897, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: December 31, 1974 74-337587, Official Records Moditlcation{s) of said covenants, conditions and restrictions Recording Date: Recording No: June 1, 1977 77-212678, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: Recording No: June 27. 1977 77-252979. Official Records Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company, a corporation Purpose: Public utilities Recording Date: October 8, 1981 Recording No: 81-320417. Official Records The exact location and extent of said easement is not disclosed of record. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: February 24, 1982 82-049937. Official Records CLTA Preliminarj' Report Form - Modified (11/17/06) Page 4 ITEMS (Continued) Your Reference: Fidelity National Title Company OrderNo.: 008.23033847-TCI 9. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien ofany mortgage or deed of trust made in good faith and for value. Easement(s) for the puipose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Costa Real Municipal Water District Purpose: Pipeline or pipelines Recording Date: October 25, 1982 Recording No: 82-327844. Official Records Affects: Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complele legal description of the affected portions of said Land. Easement(s) for the purpose(5) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company, a corporation Purpose: Public utilities Recording Date: May 16, 1989 Recording No: 89-257816, Official Records Affects: Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land. 10. Easement(s) for the purpose{s) shown below and rights incidental thereto, as granted in a document: Granted to: Carlsbad Municipal Water District, a public agency Purpose: Pipelines and pumping facilities Recording Date: July 5, 1990 Recording No: 90-364864. Official Records Affects: Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land. 11, 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Axiom Aiiport Partners, L.P., a Califomia limited partnership Purpose: Private drainage over, under, along and across that portion of Lot 4 Recording Date: March 13, 1991 Recording No: 1991-0111513. Official Records Affects: Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land. A deed of trust to secure an indebtedness in the amount shown below. Amount: $2,145,000.00 Dated: Febmary 09, 2004 Trustor/Grantor Western States Technologies Holdings, Inc., a Califomia corporation Trustee: American Securities Company, a corporation Beneficiary: Wells Fargo Bank, National Association Recording Date: February 25, 2004 Recording No: 2004-0149962. Official Records CLTA Preliminar;' Report Form - Modified (11/17/06) Page 5 ITEMS (Continued) Your Reference: Fidelity National Title Company OrderNo.: 008-23033847-TC I 13. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance withoul excepting this ilem from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 14. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof 15. The Company will require the following documents for review prior to the issuance ofany tille assurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Western States Technologies Holdings, Inc., a Califomia corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requiremenis after review of the requested documentation. 16. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make ftirther requirements after review of the requested Affidavit/Declaration. END OF ITEMS CLTA Preliminar>' Report Fomi - Modified (I I/I7/06) Page 6 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 008-23033847.TC 1 NOTES TO: BANK: ROUTING NO: ACCOUNT NO: WIRING INSTRUCTIONS FNT - Major Accounts - Title Department 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Bank of America 1850 Gateway Blvd. Concord, CA 94520 026009593 1257033414 PLEASE REFER TO OUR ORDER NO.: 008-23033847-TC 1 ESCROW OFFICER: Natalie DuBois TITLE ORDERNO.: 23033847-TC Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: Ist Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: 213-050-43-00 2012-2013 $17,010.14 $17,010.14 $0.00 $1,000,000.00 $2,100,000.00 $0.00 09018 Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a commercial property, known as 2283 Cosmos Court, Carlsbad, CA, to an Extended Coverage Loan Policy. Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered In actions filed by both the Attorney General and private class action plaintiffs, for the herein described Land. END OF NOTES CLTA Preliminar)' Report Form - Modified (I l/l 7/06) Page? PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 008-23033847-TC'l OWNER'S DECLARATION The undersigned hereby declares as follows: I. (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 further described as follows: See Preliminary Report/Commitment No. 008-23033847-TC I for full legal description (the "Land"). 2. 3. 4. 5. b. Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 008-23033847-TC I for full lega! description (the "Land"). (Fill in the applicable paragraph and strike the other) a. During the period of six monlhs 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, equipmenL 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 monlhs immediately preceding the date of this declaration certain work has been done and materials flirnished 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 fumished to complete the constmction in fiill 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 Fidelity National Title Insurance Company againsi any and all claims arising therefrom. 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 tille to the Land. 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, claims of lien, special assessments, or taxes that conslitule a lien against the Land or that affect the Land but have not been recorded in the public records. 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. This declaration is made with the intention that Fidelity Nalional Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned DeclaranL agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untme statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on al Signature: Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial. Inc. and its subsidiaries ( "FNE" ) respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Informalion is one of our lop priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom il may be disclosed. FNF follows lhe privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Infonnation about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset infonnation, and income infomiation; • Infomiation we receive from you through our Internet websites, such as your name, address, email address. Intemel Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us. our affiliates, or others, such as information conceming your policy, premiums, payment history, information about your home or other real property, information from lenders and olher third parties involved in such transaclion, account balances, and credit card information: and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law. without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, malerial misrepresentation, or nondisclosure in connection with an insurance transaclion: To third-party contractors or service providers for the purpose of determining your eligibility fbr an insurance benefit or payment and/or providing you with services you have requested; To an insurance regulatory authority, or a law enforcement or other govemmental authority, in a civil action, in connection with a subpoena or a govemmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or To lenders, lien holders, judgmenl creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be detennined. settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are permitied by law to share your name, address and facts about your transaction with otiicr FNF companies, such as insurance companies, agents, and olher real estate service providers lo provide you with services you have requested, for marketing or product development research, or to market producls or services lo you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conlbrmily wilh applicable law. unless such disclosure is otherwise permitied by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confldentialit}' and Security of Personal Informalion We restrict access to Personal Infomiation about you lo those employees who need lo know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. .4ccess lo Personal Informalion/Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Informalion. under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Infomiation. However. FNF's current policv is lo maintain customers' Personal Information for no less than vour slate's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this seclion must be in writing and must include vour notarized signaiure to establish vour identitv. Where permitted by law, we may charge a reasonable fee to cover the cosls incurred in responding to such requests. Please send requests to: Chief Pnvacy Oificer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from fime lo lime consistent wilh applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as staled above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Policy Effective Date: 5/1/2008 Notice of Available Discounts Pursuant lo Secrion 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a nolice of each discount available under our currenl rale filing along wilh the delivery of escrow instructions, a preliminary report or commitment. Please be aware lhat the provision of this nofice does nol constitute a waiver of the consumer's right to be charged the field rate. As such, your transaclion 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 requiremenis for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This nofice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Companv FNF Underwriter FNTC - Fidelity National Title Company FNTIC - Fidelity Nalional Tille Insurance Company FNTCCA -Fidelity Nafional Tille Company of Califomia Available Discouhts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) 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 or 36 monlhs and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. FEE REDUCTION SETTLEMENT PROGRAM (FNTC, FNTCCA and FNTIC) Eligible customers shall receive $20.00 reducfion in their litle and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the Slale of Califorma el ai v. Fidelity National Title Insurance Company et ai, Sacramento Superior Court Case No. 99.4S02793, and related cases. DISASTER LOANS (FNTIC) 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 govemment of the United Stales or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, wil! be 50% of the appropriate tifie insurance rale. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope ofthe normal activities of such enlifies, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate tille insurance rate, depending on the lype of coverage selected. The charge for a lender's policy shall be 40% lo 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 1-10-2010 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19,1995 and November I, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provided the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Govemmental police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also iaws and regulations concerning: • land use • improvements on the land • land division • environmenlal protection This exclusion does not apply lo violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of die taking. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of die land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Ilem 8 of Covered Titte Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you. but nol to us, on the Policy Date—unless they appeared in the public records • that result in no loss to you • lhat first affect your title after the Policy Date—this does not limit the labor and malerial lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your tide. 5. Lack of a right: • to any land outside the area specifically described and referred to in Ilem 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Tide Risks 3. Any facts about die land which a correci survey would disclose and which are not shown by the public records. This does nol limit the forced removal coverage in Ilem 12 of Covered Tide Risks. 4. Any water rights or claims or tide to water in or under the land, whether or nol shown by the public records. Attachment One (07/26/10) ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The folloiving matters are express!}' excluded from die 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 govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, proliibiting or relating to (i) the occupancy, use. or enjoyment ofthe 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 lhe 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 vioialion of tiiese laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting Ihe land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise diereof has been recorded in the public records al 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 withoul knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: 5. (a) (b) (c) (d) (e) created, suffered, assumed or agreed lo by lhe insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but knovra to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to die date the insured claimant became an insured under this policy: resulting in no loss or damage lo the insured claimant: attaching or created subsequent to Dale of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or lo the extent insurance is afforded herein as to assessments for street improvements under conslruction or compieted at Dale of Policy); or resulting in loss or damage which would nol have been sustained if the insured claimant had paid value for the insured mortgage. 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 applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises oul of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out ofthe transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of die operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) which arise by reason of: PART I 3. Taxes or assessments which are not sho«'n as existing liens by the records of any taxing aulhorilj' that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may resull in taxes or assessments, or notices of such proceedings, wheiher or not shown hy the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records hut which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Easements. Hens or encumbrances, or claims thereof not shown by the public records. 4. Discrepancies, conflicts in boundary' lines, shortage in area, encroachments, or any olher 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 tide to waler, 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 showTi bv the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE 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) (b) Any law, ordinance or govemmental reguladon (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) lhe occupancy, use, or enjoyment of the land; (ii) the character, dimensions or (ocation 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 nodce of die enforcement thereof or a notice of a delect, lien or encumbrance resulting from a violation or alleged violation affecdng the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extetit lhat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a vioiadon or alleged violation affecting the land has been recorded in the public records at Dale of Policj'. Rights of eminent domain unless notice of the exercise thereof has been recorded in die 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. Defects, liens, encumbrances, adverse claims or other matters: (a) creaied, suffered, assumed or agreed to by the insured claimant: not known to the Company, not recorded in the public records at Date of Policy, bul known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior lo the date the insured claimant became an insured under this policy: resulting in no loss or damage lo the insured claimant: attaching or created subsequent to Date of Policy (except lo the extent that this policy insures the (h) (c) (d) priority of the lien of the insured mortgage over any statutory lien for services, labor or malerial or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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. 4. (_'nenfbrceability 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 wilh 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 transacfion evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lieu of the insured mortgage) arising from an improvement or work related lo the land which is conlracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of tbe indebtedness secured by the insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaclion creating the interest ofthe mortgagee insured by diis policy, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result ofthe application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferendal transfer results from the failure: (a) to dmely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, tlie Exceptions from Cox'erage in a Standard Coverage polic)' n ill also include the following Exceptions from Coverage; EXCEPTIONS FROM COVERAGE This policv does not insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) which arise bv reason of 2. Taxes or assessments which are not shown as exisfing 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 resull in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an 3. 4. inspection of the land or which may be asserted by persons in possession thereof Easements, liens or encumbrances, or claims thereof not shown by die public records. Discrepancies, conflicts in boundary' lines, shortage in area, encroachments, or any other facts which a conect survey would disclose, and which are not shown by the public records. Attachment One (07/26/10) (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 nol the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material not shown by the Public Records. ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Tbe following matters are expressly excluded from tbe coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating lo building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use. or enjoyment ofthe Land: (ii) the character, dimensions, or location of any 4. improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect ofany violation of these iaws. ordinances, or 5. governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limil Ihe coverage provided under 6. 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; 7. (b) not Known to the Company, not recorded in Ihe Public Records at Dale of Policy, but Known to the Insured Claimant and not disclosed in wrifing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) (d) (e) resulting in no loss or damage lo the Insured Claimant; attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or resulfing in loss or damage Ihat would not have been sustained if the Insured Claimant had paid value for Ihe Insured Mortgage. Unenforceability of Ihe lien of the Insured Mortgage because of Ihe inability or failure of an Insured to comply wilh applicable doing-business laws ofthe state where Ihe Land is situated. Invalidity or unenforceabih'tj' in whole or in part of the lien of die Insured Mortgage that arises out of the transacfion evidenced by the Insured Mortgage and is based upon usury or any consumer credit prolecfion or truth-in-lend ing law. Any claim, by reason of the operalion of federal bankruptcy, stale insolvency, or similar creditors' rights laws, that the transaction creafing the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferendal transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Tille for real estate taxes or assessments imposed by govemmental 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 nol modify or hmit Ihe coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addidon to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Excepfions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure againsi loss or damage (and die Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are nol shown as existing liens by Ihe records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency lhat may result in taxes or assessments, or nofices 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 Ihe Public Records but lhal could be ascertained by an inspecfion of the Land or that may be asserted hy 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, variafion, or adverse circumstance affecfing Ihe Title that would be disclosed by an accurate and complete land survey of Ihe 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 litle to water, whether or not the matters excepted under (a), (b). or (c) are shown by the Public Records. 6. Any lien or right lo a lien for services, labor or material not shown bv Ihe Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE (b) (c) (d) (e| (' (ii) The following matters are expressly excluded from the coverage 3. of Ihis 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 and zoning laws, ordinances, or regulafions) restricting, regulating, prohibiting or relafing to (i) die occupancy, use, or enjoyment ofthe land; (ii) Ihe character, dimensions or locafion 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 Ihe land is or was a part; or (iv) environmental protecfion, or the effect of any violation of these laws, ordinances or govemmental regulafions, except to the extent that a nofice of the enforcement 4. thereof or a nofice of a defect, lien or encumbrance resulting from a violation or alleged violation affecfing 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 nofice of the exercise thereof or a notice of a defect, lien or encumbrance resulfing from a violation or alleged violafion affecting the land has been recorded in Ihe public records at Date of Policy. 2. Rights of eminent domain unless notice of Ihe exercise thereof has been recorded in the public records al 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Excepfions 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) which arise by reason of 1. Taxes or assessments which are not shown as existing liens 4. by Ihe 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 resull in taxes or asse.ssmenls, or nofices of such proceedings, wheiher or 5. not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are nol shown by Ihe public records but which could be ascertained by an inspecfion of the land or which may be asserted by persons 6. in possession thereof 3. Easements, liens or encumbrances, or claims diereof. which are not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by Ihe insured claimant; not knowTi to the Company, nol recorded in Ihe public records at Date of Policy, but known lo Ihe insured claimant and not disclosed in wrhing to the Company by Ihe insured claimant prior lo the dale the insured claimant became an insured under this policy: resulfing in no loss or damage to the insured claimant; attaching or created subsequent to Dale of Policy; or resuUing in loss or damage which would nol have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises oul of the transacfion vesfing in the insured the estate or interest insured by this policy, by reason of (he operation of federal bankruptcy, slate insolvency, or similar creditors' rights laws, that is based on: the transacfion creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or Ihe transaction creating the estate or interest insured by this policy being deemed a preferenfial transfer except where the preferenfial transfer results from the failure: (a) to timely record the instrument of U^ansfer; or (b) of such recordafion to imparl nolice to a purchaser for value or a judgment or lien creditor. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any olher facts which a correct survey «'oiild disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservadons or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, wheiher or not the matters excepted under (a), (b) or (c) are sho\vn by the public records. Any lien or right to a lien for services, labor or malerial not sboMTi by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION 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 nol pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law. ordinance, permit, or governmental regulation (including those relating lo building and zoning) restricfing, regulafing, prohibiting, or relafing Io (i) the occupancy, use. or enjoyment of die Land: (ii) the character, dimensions, or location of any improvement erected on lhe Land; (iii) the subdivision of land; or (iv) environmenlal protecfion; or the effect of any violation of Ihese laws, ordinances, or govemmental regulafions. This Exclusion 1(a) does nol modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit Ihe 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 Ihe Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Dale of Policy, but Known lo the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy; (c) resulfing in no loss or damage to the Insured Claimant; (d) attaching or creaied .subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulfing in loss or damage that would not have been sustained if Ihe Insured Claimant had paid value for the Tille. 4. Any claim, by reason of Ihe operafion of federal bankmptcy. state insolvency, or similar creditors' rights laws, dial the transaction vesting the Title as sho^vn in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferenfial n-ansfer for any reason not stated in Covered Risk 9 of Ihis policy. 5. All}' lien on Ihe Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the dale of recording of the deed or other instrument of transfer in the Public Records that vests Tide as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition lo Ihe above Exclusions from Coverage, the Excepfions from Coverage in a Standard Coverage policy will also include the following Excepfions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure againsi loss or damage (and the Company of 1. (a) Taxes or assessments Ihat are not shown as existing liens by the records ofany 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 nofices of such proceedings, wheiher 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 inspecfion of the Land or lhat may be asserted by persons in possession of the Land. 3. EasemenIs, liens or encumbrances, or claims thereof not shown by the Public Records. will not pay costs, attorneys' fees or expenses) that arise by reason 4. Any encroachment, encumbrance, violation, variafion. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or excepfions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or fiUe to water, whether or not Ihe matters excepted under (a), (b), or (c) are shown by Ihe Public Records. 6. Any hen or right to a hen for services, labor or materiai not shown by the Public Records. Attachmeni One (07/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to Ihe Excepfions in Schedule B, You are not insured againsi loss, costs, attomeys' fees, and expenses resulfing from: 1. Govemmental police power, and the existence or violafion of any law or govemment regulation. This includes ordinances, laws and regulafions conceming: Error! Unknown switch argument.. building b. zoning c. Land use d. improvements on Land e. land division f environmenlal protection This Exclusion does not apply to violafions or the enforcemenl of diese matters if nolice of the violafion or enforcement appears in the Public Records at Ihe Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing struclures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply lo violafions of building codes if nolice of the violation appears in the Public Records at die Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the righl appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Dale and is binding on You if You bought die Land widiout Knowing of Ihe taking. 4. Risks: a. lhat are created, allowed, or agreed lo by You, whether or nol they appear in the Public Records. b. Ihat are Known to You at the Policy Date, but not lo Us. unless they appear in the Public Records at Ihe Policy Date; c. that resull in no loss to You; or d. lhal first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7. 8.d., 22, 23.24 or 25. 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 nol limit Ihe coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows; • For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deducfible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability CoveredRisk 14: 1% of Policy Amount $10,000.00 or $2,500.00 (whichever is less) Covered Risk 15: Covered Risk 16: Covered Risk 18; 1% of Policy Amounl or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $2,500.00 (whichever is less) $25,000.00 $25,000.00 $5,000.00 Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addifion to the Excepfions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulfing from: 1. Governmental police power, and the existence or violafion of ihose portions of any law or government regulation conceming: Error! Unknown switch ai^ument.. building; b. zoning; c. land use; d. improvements on the Land: e. land division; and f environmenlal protection. This Exclusion does not limit the coverage described in Covered RiskS.a.. 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing struclures, or any part of them, lo be constmcted 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 tbe Land by condemning it. This Exclusion does not limit Ihe coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or nol Ihey are recorded in the Public Records; b. Ihat are Known to You at Ihe Policy Dale, but not to Us, unless Ihey are recorded in Ihe Pubiic Records at the Policy Date; c. that resull in no loss to You; or d. Ihat first occur after Ihe Policy Date—this does not limit Ihe 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. lo any land outside Ihe area specifically described and referred lo 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 CoveredRisk II or21. 7. The transfer ofthe Tide to You is invalid as a preferenfial transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amounl and Our IVlaximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Limit of Liability Your Deducfible Amounl Covered Risk 16: 1 % of Policy Amounl Shown in Schedule A S10,000.00 or $2,500.00 (whichever is less) CoveredRisk 18: 1% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) CoveredRisk 19: 1% of Policy Amounl Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A $5,000.00 or $2,500.00 (whichever is less) Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following rtiatters are expressly excluded from the coverage of this policy and Ihe Company will nol pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulafion (including but not limited to zoning laws, ordinances, or regulafions) restricting, regulafing. prohibifing or relafing to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location ofany improvements now or hereatWr erected on the Land; (iii) a separafion in ownership or a change in the dimensions or areas of Ihe Land or any parcel of which the Land is or was a part; or (iv) environmental prolecfion. or the effect of any violation of these laws, ordinances or governmental regulations, except to die extent that nolice of the enforcement thereof or a notice of a defect, lien or encumbrance resuUing from a violafion or alleged violafion affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit Ihe coverage provided under Covered Risks 12, 13. 14 and 16 of this policy, (b) Any govemmental police power not excluded by (a) above, except to the extent lhat a nofice of Ihe exercise thereof or a notice of a defect, lien or encumbrance resulting from a violafion or alleged violation affecfing the Land has been recorded in the Public Records a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12. 13. 14. and 16 of diis policy. 2. Rights of eminent domain unless nolice 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 lhe rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, sufiered, assumed or agreed to by Ihe Insured Claimant; (b) not Known to die Company, not recorded in the Public Records at Dale of Policy, but Known to the Insured ClaiinanI and not disclosed in wrifing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under Ihis policy: (c) resulting in no loss damage lo Ihe Insured Claimant; (d) attaching or creaied subsequent to Date of Policy (this paragraph does not limit Uie coverage provided under Covered Risks 8. 16. 18, 19, 20, 21. 22. 23, 24. 25 and 26); or (e) resuUing in loss or damage which would not have been sustained if the Insured Claimant had paid value forthe Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because ofthe inability or failure ofthe Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with 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 usurj', except as provided in Covered Risk 27, or any consumer credit protection or truth-in-lending law. 6. Real property taxes or assessments of any govemmental authority which become a lien on Ihe Land subsequent lo date of Policy. This exclusion does not limit Ihe coverage provided under Covered Risks 7. 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modificafions made afler 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of Ihe lien of die Insured Mortgage as lo each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecfing the tifie. the existence of which are Known lo the Insured at: (a) The fime of the advance; or (b) The fime a modification is made to the tenns of die Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before Ihe modificafion. This exclusion does nol limit the coverage provided in Covered Risk 8. 9. The failure of Ihe residential stmcture. or any portion thereof to have been constmcted before, on or after Date of Policy in accordance wilh applicable building codes. This exclusion does not apply to violafions of building codes if nofice of Ihe violation appears in the Public Records at Date of Policy. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICV (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of lhis policy and the Company will not pay loss or damage, cosls. attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) restricfing, regulafing. prohibiting or relating to (i) the occupancy, use. or enjoyment of Ihe Land: (ii) die character, dimensions or location ofany improvement erected on the Land; (iii) Ihe subdivision of land; or (iv) environmental protecfion; or the effect of any violation of ihese laws, ordinances or govemmental regulafions. This Exclusion i(a) does not modify or limit the coverage provided under Covered Risk 5. 6. 13(c). 13(d). 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5. 6. 13(c). 13(d), Hor 16. 2. Rights of eminent domain. This Exclusion does nol modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) creaied. suffered, assumed or agreed lo by the Insured Claimant; (b) nol Known to the Company, not recorded in the Public Records at Date of Policy, bul Known lo the Insured Claimant and nol disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under Ihis policy; (c) resuUing 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 II. 16. 17. 18. 19. 20.21.22, 23,24. 27 or 28): or (e) resulfing in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of Ihe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of Ihe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of Ihe lien ofthe Insured Mortgage lhat arises out of Ihe transacfion evidenced by Ihe Insured Mortgage and is based upon usury, or any consumer credit protection or Imlh-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 Ihe lien of the Insured Mortgage as to Advances or modificafions made alter die Insured has Knowledge that the vestee shown in Schedule A is no longer the owner ofthe estate or interest covered by Ihis policy. This Exclusion does not modify or limil the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of Ihe residential stmcture, or any portion of it. to have been constmcted before, on or after Date of Policy in accordance widi 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 operafion of federal bankruptcy, state insolvency, or similar creditors' rights laws, lhat the transaction creafing the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not staled in Covered Risk 27(b) of diis policy. Attachment One (07/26/10) 09 Fidelity National Title Insurance Company Thl« r>*W » fc* v^Pur En focAT^rt^ > 213-05 SHT 1 OF 2 TOWNGARDEN RD •CONDO PALOMAR 14 DOC 2007*571662 (SEE SHT 2) I •=4( r=4oo CHANGES 2t M \Ul «f w » Kt iDoie 3 U \m 7 ta » at lai 1 » KOBI IB 99 5563 11 00 4743 35 01 4610 16 ±AME ft ST np 07 4692 07 1771 Jl 08 see SAN BECO COUNTY ASSESSOR'S MAP BOOK 2(3 PAGE DS TOIS W>P WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. ^NOmamV IS ASSUWD FOR THE ACCURMTf OF THE MIA SHOWM_ „*SSKSq^ PARCnS fcWY WJT CO«irLY WTH LOCAL SUBDIVISION OR BUILBNG ORDINANCES MAPI0449-CARLSBAD TCT NO 81-38 (CONDO) IS^AP9389-CARLSBAD TRACT N0.79-I MAP84fa- CARLSBAD TRACT NO.73-49 UNIT NO.2 MAP 833- RHO AGUA HEDIONDA ROS 6493 state of California—The Resources Agency DEPARTMENT OF FISH AND WILDUFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OF? PRINT CLEARLY RECEIPT* SD2013 1021 STATE CLEARING HOUSE #i'/fapp//cai)tej LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 12/09/2013 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER '20131021* PROJECTTflLE CUP 13-09 - ICETOWN SKATEOPLEX PROJECTAPPLICANT NAME ALEX DUNAEV PHONENUMBER (951)637-3070 x43 PROJECTAPPLICANTADDRESS 10540 MAGNOLIA AVENUE SUITE A CITY RIVERSIDE STATE CA ZIP CODE 92505 PROJECT APPLICANT (Check appropriate box): • Local Public Agency • School Distnct Q Other Special District Q State Agency 3 Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report Q Negative Declaration Q Application Fee Water Diversion (StQte Water Resources Control Board Only) • Projects Subject to Certified Regulatory Program II] County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption • DFG No Effect Determination (Form Attached) • Other ^ PAYMENT METHOD: • Cash • Credit • Check Q Other CHK: 1015 $2,995.25 $2,156.25 $850.00 $1,018.50 $50,00 TOTALRECEIVED $50.00 $50.00 SIGNATURE X G. Meza TITLE Deputy City of Carlsbad JAN 1 5 2014 Pianning Division iiiiiiiiiiiiiiiiiiiii! ORIGINAL-PROJECTAPPLICANT COPY-DFG/ASB COPY - LEAD AGENCY COPY-COUNTY CLERK FG753.5a (Rev 7m) NOTICE OF EXEMPTION P 0 !L 11 © To: SD County Clerk From: CITY OF CARLSBAD ^fmi 0rf»flflnlnif8..ir.R«or(iefCount>C!tfi Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 Faraday Avenue OEC 0 9 2013 PO Box 121750 Carlsbaci, CA 92008 Q MGZS San Diego, CA 92101 (760) 602-4600 ^^—^ BE^f7 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code {California Environmental Quality Act). Project Number and Title: CUP 13-09 - Icetown Skateoplex Project Location - Specific: 2283 Cosmos Court. Carlsbad. CA 92011 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Allow for the use of an ice training facilitv in an existing building. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Austin Silva Name of Applicant: Alex Dunaev Applicanfs Address: 10540 Magnolia Avenue. Suite A, Riverside. CA 92505 Applicant's Telephone Number: 951-637-3070 x43 Exempt Status: {Check One) • Ministerial (Section 2108Q{bKl); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 {b)(c)); ^ Categorical Exemption - State type and section number: Existing Facilities • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect involves the operation of an ice training facilitv within an existing building. Lead Agency Contact Person: Austin Silva Telephone: 760-602-4631 DON NEU, City Planner Date Date received for filing at OPR: ^SLU i\>c ' . : . >i ".ZUN:\ CL FPK Pos^: DEC 0 9 2013" : ^JAN lIzoir G, Meza Revised 05/13 NOTICE OF EXEMPTION a • FILECOPY To: SD County Clerk From: CITY OF CARLSBAD Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 Faraday Avenue PO Box 121750 Carlsbad, CA 92008 San Diego, CA 92101 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CUP 13-09 - Icetown Skateoplex Project Location - Specific: 2283 Cosmos Court. Carlsbad. CA 92011 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Allow for the use of an ice training facilitv In an existing building. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Austin Silva Name of Applicant: Alex Dunaev Applicanfs Address: 10540 Magnolia Avenue. Suite A. Riverside. CA 92505 Applicanfs Telephone Number: 951-637-3070 x43 Exempt Status: [Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: Existing Facilities • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect involves the operation of an ice training facilitv within an existing building. Lead Agency Contact Person: Austin Silva Telephone: 760-602-4631 DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 4\ARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION Decembers, 2013 Alex Dunaev 10540 Magnolia Ave., Ste. A Riverside, CA 92505 SUBJECT: CUP 13-09 - ICETOWN SKATEOPLEX At the December 4, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Austin Silva at (760) 602-4631 or austin.silva@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:AS:bd c: Data Entry File Hofman Planning & Engineering, 3156 Lionshead Ave., Ste. 1, Carlsbad, CA 92010 enc: Planning Commission Resolution No. 7021 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PLANNI NGC SSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to yBlFbecause vour Interesi may be affected, that th. Planning Commission of the City of Carlsbad will hold a public hearing at the Councf Chamtiers, 1^00 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednes day, December.4, 2013, to consider the foiiowing: PI^QQP QP PUBLICATIOr --^^^ 98-06(A)/CDP 98-33(A) -_HOEHN SPRINTER - Request fpr approval of a Site Developmen (2010 & 2011 C-CP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a i of the County aforesaid: I am over the eighteen years and not a party to or Intere the above-entitled matter. I am the princip ofthe printer of UT - North County Formerly known as the North County Tim which newspaper has been adjudicated newspaper of general circulation by the S Court of the County of San Diego, SI California, for the City of Oceanside and the Escondido, Court Decree numbers 171 172171, for the County of San Diego, t\ notice of which the annexed is a printed cc In type not smaller than nonpariel), ha: published in each regular and entire Issue newspapeuarid not in any supplement the th^ii^ythiMiicftMH£in^ Plan Amendment and Coastal Development Permit Amendment to allow for the construction of i 3,760 square foot Sprinter repair facility at the Hoehn Mercedes Benz dealership, located on a 5.88 acre property on the west side of Car Country Drive, within the Car Country Specific Plan, th Mello II Segment of the Local Coostal Program and Local Facilities Management Zone 3. Th> protect qualifies as a CEQA Guidelines Section 15303(e} (New Construction or Cortverslon of Smal Structures) Class 3 Categorical Exemption. This-proiect is not located within the appealable area of the California Coastal Commission. 2) CDP 13-25 - 4419 PARK DRIVE - Request for approval of a Coastal Development Permit to a low for the construction of a new 3,780 square foot single family residence and attached three ca garage within the City's Coastal Zone located at 441? Park Drive In the Mello II Segment ofthe Lc cal Coastal Program and within Local Facilities Management Zone 1. The City Planner has deter mined that the proiect belongs to a class of proiects that the State Secretary for Resources ha found do not have a significant impact on the environment, and it is therefore categorically e> empt from the requirement for the preparation of environmental documents pursuant to Sectiof 15303 (a) construction of a single family, residence of the state CEQA Guidelines. This proiect Is not located within the appeolable area of the California Coastal Commission. 3} SDP 13-IM/PUD 13-07/CDP 13-1d/MS 13-05 - BEACHWALK AT JUNIPER - Request for approve of a Site Development Plan, Planned Development Permit, Coastal Development Permit, an Tentative Parcel Map to demolish an existing single-family home and shed to allow for the deve opment of a four-unit multiple-family residential air-space condominium proiect on a 0.202 acr infill site located at 369 Juniper Avenue, within the Mello 11 Segment of the Local Coastal Prograr and Local Facilities Management Zone 1. The proiect site Is not within the appealable area of th Colifornia Coastal Commission. The City Planner has determined that this project Is exempt fror the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1533: ;in-FIII Development Proiects" of the State CEQA Guidelines and will not have any adverse signif cant impact on the environment. —November 22"^ 2013 I certify (or declare) under penalty of perji the foregoing is true and correct. Dated at Oceanside, California day November, 2013 4) CUP 13-09 - ICETOWN SKATEOPLEX - Request for a Conditional Use Permit to allow an Ic skating training facility in an existing vacant building with proposed minor improvements o property locdted at 2283 Cosmos Court, in the P-M Zone and In Local Facilities Management Zon 5. The City Planner has determined that this proiect Is exempt from the requirements of the Cal fornia Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the Stal CEQA Guidelines and will not have any adverse significant impact on the environment. Jane Allshouse NORTH COUNTY TIMES Legal Advertising 5) CUP 12-10/CDP 12-19/MS 12-03 - CARLSBAD FLORAL TRADE CENTER - Request for the adoi tion of a Negative Declaration and the approval of a Conditional Use Permit, Coastal Develoi ment Permit, and Tentative Parcel Map to allow for the subdivision of the property Into four pa eels, and the development of a new 44/180 sq. ft. floral trade distribution center and marketplact a 33 foot tall, 9,900 sq. ft. micro-brewerv and winery building, 1984 sq. ft. culinary center, and 8< sq. ft. farm shed with the remaining land dedicqted to farm plots, orchard, hops farm, vineyar and parking on 17.22 acres of lond within a 45.60 acre site tocated within the Carlsbad Ranch SP cific Plan south of Cannon Road and east of Car Country Drive in Local Facilities Managemer Plan Zone 13 and the Mello 11 segment of the Local Coastal Program. The site Is not located witl in the appealable area of the California Coastal Commission. The City Planner has determined that the proiect will not result in potentially significant impaci and hos issued a Notice of Intent to adopt a Negative Declaration. No comment letters were r ceived during the 20-ddy public review (Novemberl,2013-November 20, 2013). 6) ZCA 13-01/LCPA 13-02 DENSITY BONUS REGULATIONS - A request for recommendation • approval of o Zone Code Amendment and Local Coastal Program Amendment to amend the city Zoning Ordinance to moke the city's regulation of density bonuses consistent with state and ca; tow. The proiect Is exernpt from the California Environmental Quality Act. 7) ELECTION OF OFFICERS If you challenge these proiects In court, you may be limited to raising only those Issues you < someone else raised at the public hearing described In this notice or in written correspondence d livered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faranc Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday far 8:00 am to 5:00 pm Friday. / Those persons wishing to speak on these proposals are cordially invited to attend the public nea ing. Copies of the staff reports will be available online at / http://carlsbad.gran)cus.conVVIewPubllsher.php?view ld-6 on or after the Friday prior to tt ^ CARLSBAD — rlLt Community & Economic Development www.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 4, 2013, to consider a request for the following: CASE NAME: CUP 13-09 - ICETOWN SKATEOPLEX PUBLISH DATE: November 22, 2013 DESCRIPTION: Request for a Conditional Use Permit to allow an ice skating training facility In an existing vacant building with proposed minor Improvements on property located at 2283 Cosmos Court, in the P-M Zone and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially Invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPubllsher.php7view ld=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Austin Silva in the Planning Division at (760) 602-4631, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects. If approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or In written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed In writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax CORTE DE LA PINA N NOT TO SCALE SITE MAP Icetown Skateoplex CUP 13-09 FILE i EARLY PUBLIC NOTICE | PROJECT NAME: Icetown Skateoplex PROJECT NUMBER: CUP 13-09 This early public notice is to let you know that a development application for a Conditional Use Permit within your neighborhood has been submitted to the City of Carlsbad on August 6, 2013. The project application is undergoing its initial review by the City. LOCATION: 2283 Cosmos Court PROJECT DESCRIPTION: A request to allow for the operation of an Ice training facility within an existing building that will include training and education on skills and techniques in figure skating, hockey, and individual team practices. Please keep in mind that this is an early public notice and that the project could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Austin Silva, Assistant Planner at austin.silva@carlsbadca.gov, 760-602-4631, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. CORTE DE LA PINA N NOT TO SCALE SITEMAP Icetown Skateoplex CUP 13-09 Si© 8 PAR 1 SBE MAP 2722-37- CONDO PALOMAR 14 DOC2007-0571662 (SEE SHT 2) THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NOjJAfflU^^ IS ASSUMED FOR THE ACCURACY OF THE DATA SiToWN, ASSESSOR'S PAWJELS MAY hJOT COM>LY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES, MAP 10449-CARLSBAD TCT MAP9389- CARLSBAD TRA MAP 8418- CARLSBAD TRA MAP 823- RHO AGUA HED ROS 6493 CERTIFICATION I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND - PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: 213-050-43 600 FT. DATED 05/31/2013 ;LLY TITLE PRO SYSTEMS I m&f c^ftt^^ TOAT rm w^sF^m cmm^ usr AND IABELS SUSHBTTED TO THE OTY OF CAmJSNaW) ON THS OATE REPfffiSBn" Tl« UT^ AVAWJ^ IWORttftTION FROM TOE B»iAy3E)ASSaKS€M^I^^ rU^c/TJT^ ^A/T^ OATE:;^/^/^J. SI^»f%^a4TAmE DAH£ CtTY OF ^ CARLSBAD Memorandum September 25, 2013 To: Austin Silva, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: PROJECT ID: CUP 13-09 ICETOWN SKATEOPLEX ISSUES REVIEW Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. Revise the site plan per minor redlined comments. 2. Be aware that a plumbing analysis with fixture counts will be required with your submittal for a building permit to determine the appropriate water meter size. If an upgrade from the current 1.5 inch meter Is required, then an additional water meter and service fee will be charged. Also, depending on the results ofthe analysis, a larger sewer lateral may be advisable. Most industrial buildings are served by a six inch lateral. The building Is currently served by a four inch lateral. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer - Land Development Engineering Attachment: redlined site plan cc: Jason Geldert, Senior Civil Engineer Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ^ CARLSBAD CITY OF Memorandum August 27, 2013 To: From: Via: Re: Austin Silva, Project Planner David Rick, Project Engineer Glen Van Peski, Engineering Manager CUP 13-09 ICETOWN SKATEOPLEX COMPLETE Land Development Engineering has completed a review of the above-referenced project for completeness and engineering Issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering Issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire can be printed from the following website link: http://www.carlsbadca.gov/busine55/buHding/Documents/E-34.pdf Some best management practices (BMP's) to consider include pervious pavement on the driveways and parking areas exposed to runoff. Directing driveway, parking lot drainage and roof drains through grass swales can also be effective at removing pollutants and reducing runoff quantities. Whether the project is subject to only standard storm water requirements or defined as a priority project, design the roof of the proposed building addition to direct drainage runoff to a landscaped area or pervious pavement. 2. Plot site drainage and topographical contours on the site plan. 3. Remove the two parking spaces that will block access to the ramp at the south end of the property. Removing these spaces will also provide the area necessary for vehicles to turn around at the end of the drive aisle. 4. Add a wheel stop in the parking space fronting the access way to the exterior equipment area. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CUP 13-09 August 27, 2013 Page 2 5. Plot the front property line and dimension the distance from the street centerline to the property line. 6. Plot the size of the existing water meter and water service line. Be aware that prior to issuance of a building permit the project will be conditioned to analyze water demands and pressure to determine the proper water meter and service size. 7. Address the comments on the attached marked site plan. 8. Address the comments on the attached marked traffic study. 9. Plot the easements listed under items 6, 8, 9,10 and 11 of the title report dated July 18, 2013. If you or the applicant has any questions, please either see or contact mc at 760-602-2781. DAVID RICK Associate Engineer Land Development Engineering Attachment: Redlined plans Redlined traffic study CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: AUGUST 6. 2013 PROJECT NO(S): CUP 13-09 PROJEa TITLE: ICETOWN SKATEOPLEX REVIEW NO: APPLICANT: HOFMAN PLANNING & ENGINEERING/SHAY EVEN TO: Land Development Engineering-David Rick • Public Works (Storm Drain) - Clayton Dobbs police Department - J. Sasway • Public Works (Wastew/ater) - Don Wasko m Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parlts & Recreation (Parks/Trails) - Uz Ketabian Landscape Plancheck Consultant - PELA • parks & Recreation (Trees & Medians) - IVIike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • public Works Department (Traffic) - John Kim • Sempra Energy-Land Management • Public Worl<s Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written commenty^jjj^jj^conditions to th^^^^^^l^^j^plSk In the Planning Division at 1635 Faraday Avenue, bv 8/27/13. If you have "No Comments," please so staT^. If vou determine that there are items that nee3^T^ubmltted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives fvia phone or e-mail) to let them know. Thank you COMMENTS: T/^lf. FV^riNC f'/Hf /^CPj^ /QAjQ /jVOCAA/rJ ffAVE /imJ Signature Date PLANS ATTACHED Review & Comment 03/13 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: AUGUST 6. 2013 PROJEa NO(S): CUP 13-09 PROJEa TITLE: ICETOWN SKATEOPLEX REVIEW NO: APPLICANT: HOFMAN PLANNING & ENGINEERING/SHAY EVEN TO: Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs El Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Uz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • Schooi District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the fflWRtN^TRACKIN^DSlTin the Planning Division at 1635 Faraday Avenue, b^BWjBTif you have "No Comments," please so state. If vou determine that there are items that neecffWWCTfbmitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. COMMENTS: per/^^-fSf ^1^1^^ shd^U 47/di^Sj di^^h/tJ ^cgj^PrhrlJ^ W Bls^cliers \ n^irliniun^ /^frsjrv Pr^Mrei ^u/rt^} J Signature , "/. - . Date PLANS ATTACHED 0 ^ Review & Comment 03/13 ^5 CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: August 14, 2013 To: Planning Track Desk, Planning Department From: J. Sasway, Police Subject: Icetown Skateoplex Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model national standards. Crime Prevention through Environmental Design The proper design and effective use of the buitt environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and destgn the physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, landscape trees and shrubs, fences or walls, signage and any other physical obstruction. 2. Design the placement of person and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of parking lots, walkways, entrances and exits. Natural Access Control 1. Use sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits. 2. Use fences, walls or landscaping to prevent and or discourage public access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership or property. Maintenance 1. Use low-maintenance landscaping and lighting treatment to facilitate the principles of natural surveillance, natural access control and territorial reinforcement. Lighting 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum y.^^^ maintained one (1) foot-candle of light, measured within a five-foot radius on each side of the door at ^ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 ® /\6 ground level. 2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are withtn six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two (2) feet in height. 3. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours of darkness. 4. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 5. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours. 6. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, treads, platform or similar structure. Landscaping 1. The basic landscaping theme should consist of low ground cover with a maximum height of 2 feet and canopy trees with a minimum lower canopy of 6 feet. 2. Overhead light poles should not be placed In an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 3. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted. Addressing 1. Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. 2. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of the addressed street or 12 Inches in height if placed further than 100 feet from the centerline of the addressed street. 3. The numerals should be illuminated during the hours of darkness. 4. The rear doors of all building should have address numbers not less than six inches in height and be of a color contrasting to the background to which they are affixed. Doors 1. Use hollow steel doors that are a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. 2. Lise only glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors with security hardware. 3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not more than ten-inch centers. 4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation ofthe strike. 5. Equip rear doors used for shipping and receiving and employee entrances with a viewer. 6. Equip a single or double door with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. Windows 1. Equip movable windows with security hardware and burglar resistant glazing. 2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial buildings are vulnerable to breakage during the hours of darkness when the business is non-operational especially windows within 40 inches of any door locking mechanism 3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary resistant glazing Roofs 1. All skylights on the roof of any building should be provided with rated burglary resistant glazing material securely fastened with bolts that are non-removable from the exterior. 2. All hatchway openings on the roof of any building should be secured as follows: a. If the hatchway cover is of wooded material, it should be covered on the inside with at least sixteen (16) gauge steel metal or its equivalent and attached with screws. 3. All air duct or air vent opening exceeding ninety-six (96) square inches on the roof, exterior doors, or exterior walls of any building should be secured by covering the same with the following: a. Iron bars of a least number four (4) steel or equivalent, spaced no more that five (5) inches apart on center, at each direction, welded at all point of intersection, or one by one-fourth (1X %) inch fiat steel or equivalent, spaced no more the five (5) inches apart on center, welded at all points of intersection. Alarm Systems 1. When considering an alarm system, the police department recommends a "verified system" in an effort to eliminate false alarm activations and increase breach detection. A verified system is verified through audio or visual components. 2. If considering electronic assess as a security feature, consider managed electronic access. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. Reviewed by: Jodeene R. Sasway Community Relations Manager (Public Information and Crime Prevention) City of Carlsbad Police Department tv\ee.deJ ,Qbol,s- December 10, 2015 Alex Dunaev lcetown Suite A 10540 Magnolia Avenue Riverside, CA 92505 1 Cityof Carlsbad SUBJECT: CONDITIONAL USE PERMIT VIOLATION-CUP 13-09 -ICETOWN SKATEOPLEX This is a notice to inform you that there is a violation of condition number 14 of Conditional Use Permit number CUP 13-09 {Planning Commission Resolution No. 7021). The condition states that "This project is approved subject to the condition that hockey tournaments or competitions with outside entrants who are not members of the facility shall not be allowed." After visiting lcetown's website, it was found that the Wildcats Hockey Club has "tournament weekends open to teams and individuals from all over the world." Please do not continue holding tournaments. This was a concern of the Planning Commission because of the potential parking impacts that could cause parking to spill over into adjacent properties. I have attached a copy of the approved Planning Commission resolution for your reference. Continued violation of condition number 14 of CUP 13-09 could result in the City of Carlsbad exercising its right to revoke, modify or further condition the use per condition number 1 of CUP 13-09. In order to remove this condition, you would need to submit an application to amend CUP 13-09 and the project would go back to the Planning Commission for consideration. If you have any questions regarding the information contained in this letter, please contact me at {760) 602-4631. Sincerely, ~{/ AUSTIN SILVA, AICP Associate Planner AS:fn Attachment: Planning Commission Resolution No. 7021 c: Alex Dunaev, Cosmoplex, LLC, 2283 Cosmos Court, Carlsbad, CA 92011 File Copy Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov VCARLSBAD Community & Economic Development www.carlsbadca.gov November 12, 2013 Alex Dunaev 10540 Magnolia Ave., Ste. A Riverside, CA 92505 SUBJEa: CUP 13-09 - ICETOWN SKATEOPLEX The preliminary staff report for the above referenced project will be sent to you via email on Monday, November 18, 2013. If you have any questions concerning your project, please contact your project planner as soon as possible. It is necessary that you provide the following required information to your project planner in order for your project to go forward to the Planmng Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect couid be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. Please make arrangements with your project planner to submit your colored exhibit(s) and the PDF. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer In Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Austin Silva at (760) 602- 4631 or at a ustin.silva@ca risbadca.eov. Sincerely, DON NEU, AlCP City Planner DN:JG:bd c: File Copy David Rick, Project Engineer Hofman Planning & Engineering, 3156 Lionshead Ave., Ste. 1, Carlsbad, CA 92010 Planning Division 1635 Faraciay Avenue, Carlsbad, CA92008-7314 T 760-602-4600 F 760-602-8559 ® <%ARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov October 16, 2013 Hofman Planning &. Engineering Attn: Shay Even 3156 Lionshead Ave., Ste. 1 Carlsbad, CA 92010 SUBJEa: CUP 13-09 - ICETOWN SKATEOPLEX - CALIFORNIA ENVIRONMENTAL QUALrTY Aa (CEQA) APPUCABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing Facilities (Section 15301). No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project should be scheduled for a public hearing no later than December 16, 2013. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Austin Silva at 760-602-4631 or by email at austin.silva@carlsbadca.gov. Sincerely, DON NEU, AlCP City planner DN:AS;fn c: Western States Tech Holdings, inc., 18101 Von Karman Ave. #33D, Irvine, CA 92612 Chris DeCerbo, Principal Planner Oavid Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 4\ARLSBAD RLE COPY Community & Economic Development www.carlsbadca.gov October 1, 2013 Hofman Planning 8i Engineering Attn: Shay Even 3156 Lionshead Ave., Ste. 1 Carlsbad, CA 92010 SUBJEa: 2nd REVIEW FOR CUP 13-09 - ICETOWN SKATEOPLEX Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit, application no. 13-09, as to its completeness for processing. The items requested from you earlier to make your Conditional Use Permit, application no. CUP 13-09 complete have been received and reviewed by the Planning Division. It has been determined that the application Is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required forthe application. At this time, the City asks that you provide 2 complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn Attachment c: Western States Tech Holdings, Inc., 18101 Von Karman Ave. #33D, In/ine, CA 92612 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP 3,3-Oa- ICETOWN SKATEOPLEX October 1, 2013 Page 2 ISSUES OF CONCERN Engineering: 1. Revise the site plan per the minor redlined comments. 2. Be aware that a plumbing analysis with fixture counts will be required with your submittal for a building permit to determine the appropriate water meter size. If an upgrade from the current 1.5 inch meter is required, then an additional water meter and service fee will be charged. Also, depending on the results ofthe analysis, a larger sewer lateral may be advisable. Most industrial buildings are sen/ed by a six Inch lateral. The building is currently served by a four inch lateral. Hofman Planning & Engineering RESPONSE TO COMMENTS September 11, 2013 To: Austin Silva From: Shay Even Re: CUP 13-09 Skatoplex See HPE comment response in BLUE. LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. The application will not be able to be deemed complete until 30 days after the City Council adopts the resolution approving a Zone Code Amendment that would revise the "Intent and Purpose" to allow for greater flexibility in the types of uses that could locate in the P-M zone and delete the existing provision which specifies that businesses located in the P-M zone cannot cater directly to the general public. This is expected to be completed on September 27, 2013. Noted. Engineering: 1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and city storm water quality requirements. Some BMP's to consider include pervious pavement on the driveways and parking areas exposed to runoff. Directing driveway, parking lot drainage and roof drains through grass swales can also be effective at removing pollutants and reducing runoff quantities. Whether the project is subject to only standard storm water requirements or defined as a priority project, design the roof of the proposed building addition to direct drainage runoff to a landscaped area or pervious pavement. The questionnaire is included with this submittal. This project is not a priority development project. 3156 Lionshead Ave, ste. 1 • Carlsbad • CA • 92010 • 760-692-4100 • Fax 760-692-4105 CUP 06-ll(B) - Pacific Ridge School Expansion (new buildings and additional parking) September 11, 2013 Page 2 2. Plot site drainage and topographical contours on the site plan. Slopes have been added to site plan. 3. Plot the front property line and dimension the distance from the street centerline to the property line. Distance from street centerline to property line have been added. 4. Plot the size of the existing water meter and water service line. Be aware that prior to issuance of a building permit the project will be conditioned to analyze water demands and pressure to determine the proper water meter service size. Existing water meter and service line has been added to site plan. Existing sewer line and lateral have also been added. 5. Plot the easements listed under items 6, 8, 9,10, and 11 of title report dates July 18, 2013. Easements have been added to site plan. ISSUES OF CONCERN Planning: 1. Pursuant to Chapter 21.34.090 of the Carlsbad Municipal Code, the new 565 square foot equipment area shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. This wall shall be architecturally compatible with the existing building and shall screen the stored materials from the view of the adjacent properties and Cosmos Drive. Please indicate the wall height and materials to be used. The equipment area will be enclosed with 12' high concrete block walls. Description has been added to the pian. 2. Please remove the reference to the project as a Minor CUP following General Plan Amendment processed in April 2013. Rather, please refer to the project as a recreation use through a Major CUP. Updated to reflect Major CUP. Page 2 of 3 CUP 06-11(8) - Pacific Ridge School Expansion (new buildings and additional parking) September 11, 2013 Page 3 Engineering: 1. Remove the two parking spaces that will block access to the ramp at the south end of the property. Removing these spaces will also provide the area necessary for vehicles to turn around at the end of the drive aisle. Parking spaces have been removed. 2. Add a wheel stop in the parking space fronting the access way to the exterior equipment area. Wheel stop has been added. 3. Address the comments on the attached marked site plan. All redlines have been addressed. 4. Address the comments on the attached marked traffic study. Ali redlines have been addressed. Page 3 of 3 r VCARLSBAD Community & Economic Development www.carlsbadca.gov August 28, 2013 Hofman Planning & Engineering Attn: Shay Even 3156 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 SUBJEa: 1st REVIEW FOR CUP 13-09 - ICETOWN SKATEOPLEX Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permtt, application no. CUP 13-09, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the city has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, August 6, 2013, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the appiication. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. Sincerely, CHRIS DeCERBO Principal Planner CD:AS;fn c: Western States Tech Holdings Inc., 18101 Von Karman Ave. #33D, Irvine, CA 92612 Don Neu, City Planner David f<'icK Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 09-ICETOWN SKATEOPLEX _ a, 2013 Page 2" LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. The application will not be able to be deemed complete until 30 days after the City Council adopts the resolution approving a Zone Code Amendment that would revise the "Intent and Purpose" to allow for greater flexibility in the types of uses that could locate in the P-M zone and delete the existing provision which specifies that businesses located in the P-M zone cannot cater directly to the general public. This is expected to be completed on September 27, 2013. Engineering: 1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire can be printed from the following website link: http://www.carlsbadca.gov/buslness/building/Documents/E-34.pdf Some best management practices (BMP's) to consider include pervious pavement on the driveways and parking areas exposed to runoff. Directing driveway, parking lot drainage and roof drains through grass swales can also be effective at removing pollutants and reducing runoff quantities. Whether the project is subject to only standard storm water requirements or defined as a priority project, design the roof of the proposed building addition to direct drainage runoff to a landscaped area or pervious pavement. 2. Plot site drainage and topographical contours on the site plan. 3. Plot the front property line and dimension the distance from the street centeriine to the property line. 4. Plot the size of the existing water meter and water service line. Be aware that prior to Issuance of a building permit the project will be conditioned to analyze water demands and pressure to determine the proper water meter and service size. 5. Plot the easements listed under Items 6, 8, 9,10 and 11 of the title report dated July 18, 2013. f CUP 13-09 - ICETOWN SKATEOPLEX August 28, 2013 Page 3 ISSUES OF CONCERN Planning: 1. Pursuant to Chapter 21.34.090 of the Carlsbad Municipal Code, the new 565 square foot equipment area shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. This wall shall be architecturally compatible with the existing building and shall screen the stored materials from the view of the adjacent properties and Cosmos Drive. Please indicate the wall height and materials to be used. 2. Please remove the reference to the project as a Minor CUP following General Plan Amendment processed in April 2013. Rather, please refer to the project as a recreational use through a Major CUP. Engineering: 1. Remove the two parking spaces that will block access to the ramp at the south end of the property. Removing these spaces will also provide the area necessary for vehicles to turn around at the end ofthe drive aisle. 2. Add a wheel stop in the parking space fronting the access way to the exterior equipment area. 3. Address the comments on the attached marked site plan. 4. Address the comments on the attached marked traffic study. Building: 1. A complete code review will be done when detailed construction plans are submitted for Building Division permits. The plans should address disabled accessibility for the bleachers, minimum restroom fixtures required, structural changes to the building, change in occupancy, and kitchen requirements if required. When a change in occupancy occurs, the facility must comply with current building codes. Hofman RECEIVED Plonnino & Engineering -ifi-R-r AUG 0 8 2013 Augusts, 2013 i r v^r CARLSBAn PUNNING niVISfn^ City of Carlsbad *-*VJblOM Planning Department Parking Study for Skateoplex Ice Training Facility (CUP 13-09) Skateoplex is proposing to locate an ice training facility within the City of Carlsbad at 2283 Cosmos Drive. This facility is to be located within an existing building in the P-M zone. The existing facility has 31,847 square feet of floor area. Skateoplex is proposing an additional 499 square feet of, resulting in a total of 32,346 square feet. The parking lot currently houses 87 parking stalls. An additional 11 stalls are being proposed for a total of 98 parking stalls (73 standard, 21 compact, 4 disabled). Skateoplex is seeking to establish a parking rate for this facility as currently the City of Carlsbad does not have a parking rate for this use. This facility is also unique in nature considering it will not offer public skating or host tournaments at this time which would lead to an increase in parking demand. The existing Lake Forest Ice Training Center is 30,826 square feet and their operations are similar to the operations being proposed for this Skateoplex facility. Similar to Skateoplex, Lake Forest has a single sheet of ice, is located within an industrial zone, and is similar in overall square feet and operation schedule. Due to the unique nature of this business, and the two facilities being so similar, we have determined that the parking study that was approved for the Lake Forest Ice Training Facility can also be used to facilitate a parking rate for the Skateoplex Facility. The parking rate established for the Lake Forest Ice Training Facility is 2.46 spaces per 1,000 square feet. Using this rate the Skateoplex Facility will be required to provide 80 parking spaces, thereby resulting in a surplus of 18 parking spaces. Included with this letter is the parking study as approved by the City of Lake Forest for the Lake Forest Ice Training Facility. Please contact me with any questions. Sincerely, Bill Hofman President Hofman Planning & Engineering (760) 692-4012 Direct 3156Lionshead Ave, Ste. 1 • Carlsbad • CA • 92010 • 760-692-4100 • Fax 760-692-4105