HomeMy WebLinkAboutCUP 2017-0006; ACOUSTIC ALES BREWING COMPANY; Conditional Use Permit (CUP)-_
(City of LAND USE REVIEW Developmelamingnt Serv01icesFvIsIon
Carlsbad APPLICATION 1635 Faraday Avenue
(160) 602-4610
www.carisbadca.gov
APPLICAllONS APPLIED FOR:(CHECK BOXES)
(POR DEPT. USE ONLY)Loofah*. Romig (FOR DEPT. USE ONLY)
Coastal Development Permit 0 Minor 0 General Plan Amendment
O Conditional Use Penult We'
15thenor 0 ExtensIon 2.01.1 •0 00 coLocal Coastal Program Amendment
MOCK('0-artlo)0 Master Plan 0 Amendment
D Environmental Impact Assessment Di Specific Plan 0 Amendment
Habitat Management Permit 0 Minor 0 Zone Change
0 Hillside Development Permit Manor 0 Zone Code Amendment
.
Nonconforming Construction Permit South Cattabad Coattail Review Areaanal
O Planned Development Permit 0 Minor Review Permit0Residential0Non-Residential 0 Administrative 0 Minor Major
0 Planning Commission Determination
Reasonable Accommodation Math ReviewAna Minn*
O Site Development Plan 0 Minor 0 Review Penult
O Special Use Permit 0 Administrative 0 Minor 0 Major
O Tentative Parcel Map (Minor Subdivision)
O Tentative Tract Mop (Major Subdivision)
O Variance 0 Minor
NOTE:APROPOSED PROJECT REQUIEM° APPUCATION SUBMITTAL MUST BE SUMMTTED SY APPOINTMENT*. PLEASE OONTACTTHEAPPONITIONT SPECIALIBTAT 4760)1024MTO SCHEDULE AN APPOINTMENT.
'SAME DAY APPOINTIMINTSAMNOT AVAILABLE
ASSESSOR PARCEL NO(S):Ds -2(I
LOCATION OF PROJECT:(91 tb3 NtslovA11or4 wA-1
(STREET ADDRESS)
NAME OF PROJECT:Acousno Airs 13kigtowc.ce.
PBRIEFECC17:SCRIPTION
OF
010 fort 14Ewgzno1eu4r IgoPrott4 sptizos 14 piocno
PROJECT VALUE ESTIMATED COMPLETION DATE(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No...2.011 ""01 15 Lead Case No.
P-1 Page 1 of8 Revised 03117•
"0-
401 -4441
OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME INDIVIDUAL NAME
aPPlicable):
COMPANY
6.12Fssi ACSItjws.n2mLut.COMPANY NAME
oraPPliceble):011 Atps iVrawtkr0.
MAILING ADDRESS:OD V=49:44/ek•23.MAILING ADDRESS:\brCrs c?).A51—;041
CRY. STATE. ZIP:.1)614c0
p1,01024%
CITY, STATE, ZIP:f!...1c..‘p•I rA5 c...4 2.4 zit
TELEPHONE '-TELEPHONE:01 2.s4o
EMAIL ADDRESS:-.EMAIL ADDRESS:ir.11. 0 Q.a c.o s ales
yr *esh.cpik
I CERTIFY i T I -LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER•,,14 AND CORRECT TO 714E BEST CF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
•,-
.1.144 I FY AB LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY DOE.
SET ziw _if IS MY AUTHORIZED REPRESENTATIVE FOR'•-1 •/r.•
fr
APPLICATION.
_%Foy 4.1004 (5iteii -
JEK9NA r4"%'..;00.7se",__DA DATE
firp Antics-ban
APPLICANTS REPRESENTATIVE (Print):
MAILING ADDRESS:A
CITY, STATE. ZIP:C,bias 0 CA-1216 I
TELEPHONE:k.(0161)az-b2.6.1 X 1t)
EMAIL ADDRESS:*Arilk Oclock.A.,n „Can
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT AU.THE ABOVE
INFORMATION IS TRUE AND CORRECT TO TIE BEST OF MY
BION7PUCA'TE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CRY STAFF,PLANNING
COMMISSIONERS OR COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SU ECT OF THIS
APPLICATION.••TO ENTRY FOR THIS PURPOSE,
NOTICE OF PROPERTY OWNER ACKNOWLEDGES AND CONS A CTION BEING
ON I -TO Ills PROPERTY F CONDITIONED FOR THE APPU NOTI ICTIONS RUN WITH
THE LAND •=*r"UCCESSORS IN IlfMREST.
tft//CUM •••••
2146.104^.1.4.0*
--111"----7C R SIGNATURE Andelson
FOR CITY US -•LY RECEIVED
MAY 31 2017
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
attAAA.P
P-I Page 2 016 Rafted 011/1T
Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-'1(A)1635 Faraday Avenue
(760) 602-4610
www.carisbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal.Your project
cannot be reviewed until this information is completed. Please print.
-Nets:
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group, or combination -acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and propetty owner
must be provided below.
1.APPLICANT (Not the applicant's agent)
Provide the COMPLETE.LEGAL names and addresses of MI persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names,titles,addresses of all individuals owning more than 10%of the
shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE
INDICATE NON APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned
.corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached If necessary.)
Person 4.._.Corp/Part &Nor.ttioU Seetok.Co.
Title Title
Address Address StszArr Awy ibi,
2.OWNER (Not the owner's agent)
tgawipr,¶2424
Provide the COMPLETE.LEGAL names and addresses of ALL persons having any
ownership interest in the property involved.Also,provide the nature of the legal
ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the
ownership Includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10%OF THE SHARES,PLEASE INDICATE NON APPLICABLE (N/A) IN THE
SPACE BELOW.If a publicly-owned corporation,Include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person Corp/Part 5SI INIbte121.4L jAn.
Title Title
Address Address IsovAgns sit ii-zee
Alalso vt&p,a 11.6*(0
P-1(A)Page 1 of 2 Revised 07110
._
—.090
3.NON-PROFIT ORGANIZATION OR TRUST
If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title.Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff,Boards,Commissions,Committees and/or Council within the past twelve (12)
months?
Yes alo If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the ov information is true and correct to the best of m owledge.
Signs of owner/da Signature of applicant/date
VE SCNAFE
SSISTANT SECRETARY 1VVL.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
er"
%lbw ill
City of PROJECT DESCRIPTION Development Services.Divisanning
Carlsbad P-1 (B)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME:4COYSI1A../41.0-S.V42.041„NkiCQr 6a191r ti\wasitsr-vg buy
APPLICANT NAME:Ipt.4.14-ko MA6G LogeNINO
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:
THIS APPLICATION IS FOR MINOR CONDITIONAL USE PERMIT OF RESTAURANT,
OUTDOOR PATIOS, AND TWO EXTERIOR EQUIPMENT YARDS LOCATED WITHIN
O BE LOCATED AT 6133 INNOVATION WAY (APN: 213-261 -16-00), PLANNED
INDUSTRIAL (PI) PLANNED COMMUNITY (P-C), BRESSI RANCH MASTER PLAN:
(P-M) ZONE.PRELIMINARY REVIEW (PRE 2016-0004) BY CITY PLANNER, DON
NEU AND JASON GOFF RECOMMENDED PURSUANT TO C.M.C. 21.34.020,
RESTAURANTS REQUIRE APPROVAL OF MCUP. THE PROPOSED RESTAURANT
IS TO BE BONA FIDE EATING ESTABLISHMENT AS DEFINED BY SECTION
21.04.056 OF THE MUNICIPAL CODE.
THE SUITE WILL ALSO HAVE A BREWERY, WHICH IS A PERMITTED USE FOR P-M
ZONE. THE TWO PROPOSED EQUIPMENT YARD WILL HOUSE SILOS AND
BREWERY EQUIPMENT. THE NORTH FACING EQUIPMENT WILL FULLY SCREEN
ALL THE EQUIPMENT FROM ALL SIDES PER CITY REQUIREMENTS. WE ARE
PROPOSING PARTIAL HEIGHT EQUIPMENT SCREEN FOR SILOS AS WE BELIEVE
THE SILOS WILL GIVE BREWERY AN APPEALING LOOK FROM WESTERN
VIEWPOINT.
PROJECT IS LOCATED WITHIN SAFETY ZONE 3 (ALUCP), THE OVERALL AREAS
FOR EACH OF THE PROPOSED USES WERE DECREASED PER PLANNERS
RECOMMENDATION TO DECREASE OCCUPANCY LEVELS.
P-1(F3)Page 1 of 1 Revised 07/10
HAZARDOUS WASTE Development Servjces
City of AND SUBSTANCES Planning Division
Carlsbad STATEMENT 1635 Faraday Avenue
(760) 6024610 .P(c)www.cartsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5,I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed In this application are not contained on the
lists compiled pursuant to Section 85962.5 of the State Government Code.
The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65982.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name:kt.0010 AM KewINVI Name:13•42CSS1 1.01)0X1Aci.IAA •
Address:16414 S.Gerkgr 41167 1b Address:ado
6tt °Wilt &Aso viWoi A qz56
Phone Number:(j6iq)/6/q 2g4i0 Phone Number:(.5 414:1)eer••••"1460
Address of Site:(913Z itANOVKTIOJ•W 444 _CArtLAS I3'4
•
Local Agency (City and County):6A1214 RN./O'F,094 pmab
Assessor's book, page, and parcel number:2.1 -241-16 -6 IC:4
Specify list(s):
Regulatory Identification Number:
Date ofList:
Applicant Signature/Date t /e('P rOwnerICS •re/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location bf hazardous materials release sites.
P-1(C)Page 1 of 2 Revised 02/13
STORM WATER STANDARDS Development ServicesCCity of QUESTIONNAIRE Land Development Engineering
Carlsbad E-34 1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
INSTRUCTIONS:••
To address post-development pollutants that may be generated from development projects,the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project.Depending on the
outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City
staff has responsibility for making the final assessment after submission of the development application.If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete.In this case,please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application.Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION;
PROJECT NAME:pc L ()as\-\)\_5 ev\t)
(_04.4kca.... PROJECT ID:ADDRESS:(..00'5 14N\0\14-114.‘"\P)7;
APN:2.1 3 c.r 00
The project is (check one): New Development Redevelopment
The total proposed disturbed area is:0 ft2 ()acres
The total proposed newly created and/or replaced impervious area is:ft2 (6)acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP #:
Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
0
TO BE COMPLETED FOR ALL PROJECTSL
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)?
If you answered "yes" to the above question,provide justification below then go to Step 5,mark the third bo stating "my
project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: (e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
.41 1f:AiiArr Eta
TO BE ggMPHETED FOR ALLDEVELOPMENTwPRQJECTS.I
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas;
b)Designed and constructed to be hydraulically disconnected from paved streets or roads;
c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA
Green Streets guidance?
2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in Daccordance with the USEPA Green Streets guidance?
3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?
If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5,mark
the second box stating "my project is EXEMPT from PDP ..." and complete applicant information.
Discussion to justify exemption (e.g.the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3.
F-34 Pane 2 of 4 RFV 02116
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,0 0
and public development projects on public or private land.
2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or 0 0more of impervious surface?This includes commercial,industrial,residential,mixed-use,and public
development projects on public or private land.
3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is
a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 0 0
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project?A hillside 0 0
development project includes development on any natural slope that is twenty-five percent or greater.
5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is Dalandareaor facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street,road,highway 0freeway or driveway?A street,road,highway,freeway or driveway is any paved impervious surface
used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site,and discharges directly to an Environmentally
Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 0 0
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).*
8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop?An automotive repair 0 0shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.
9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes 0 0RGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily
Traffic (ADT)of 100 or more vehicles per day
10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land
and are expected to generate pollutants post construction?0
11.Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC 0 0
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment
project, go to step 4.If your project is a new project, go to step 5,check the first box stating "My project is a PDP ..."
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5,check the
second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information.
E-34 Page 3 of 4 REV 02/16
STEP ,4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY CEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50%of the surface area of the previously existing development?Complete the percent
impervious calculation below:
Existing impervious area (A)=sq. ft.0 0
Total proposed newly created or replaced impervious area (B)=sq. ft.
Percent impervious area created or replaced (B/A)*100 =
If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development.Go to step 5,check the first box stating "My project is a PDP ..." and complete
applicant information.
If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the
check the first box stating "My project is a PDP ..." and complete applicant information.
CHECK THE APPROPRIATE BOX AND 'COMPLETE AF.iPLICANTINtOSATION-
111 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
My project is a 'STANDARD PROJECT OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note:For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
(5-My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name:\V 11 J \1Y Applicant Title:j ZAP"
i
Applicant Signature:Date:Si
*Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies;areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodiesdesignatedwiththeRAREbeneficialusebytheStateWaterResourcesControlBoard(Water Quality Control Plan for the San Diego Basin (1994)and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat
Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City.
This Box for City Use Only
YES NO
City Concurrence:
111
By:
Date:
Project ID:
E-34 Page 4 of 4 REV 02/16
•
STANDARD PROJECT
A Development ServicesCy of REQUIREMENT Land Development Engineering
Carlsbad CHECKLIST 1635 Faraday Avenue
E-36 (760) 602-2750
www.carlsbadca.gov
Project Information
A
Project Name:Accuse-Hey Ak...6C Buckek RA Ce •
Project ID:
DWG No. or Building Permit No.:
Source dontrol BMPs
All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.See
Chapter 4 and Appendix E.1 of the BMP Design Manual for information to implement source control BMPs shown in this
checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the
Model BMP Design Manual.Discussion/justification is not required.
•"No" means the BMP is applicable to the project but it is not feasible to implement.Discussion/justification must be
provided.Please add attachments if more space is needed.
•"N/A"means the BMP is not applicable at the project site because the project does not include the feature that is
addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be
provided.
Source Control Riejuirement Applied?
SC-1 Prevention of Illicit Discharges into the MS4 0 Yes 0 No -la
Discussion/justification if SC-1 not implemented:
SC-2 Storm Drain Stenciling or Signage 0 Yes 0 No N/A
Discussionlustification if SC-2 not implemented:
SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind
Dispersal 0 Yes 0 No -Ell-N/A
Discussion/justification if SC-3 not implemented:
E-36 Page 1 of 4 Revised 03/16
Source Control Requirement (continued)Applied?
SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall,Run-On,Runoff,and 0 Yes 0 No la'N/AWind Dispersal
Discussion/justification if SC-4 not implemented:
SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal 0 Yes 0 No IA N/A
Discussion/justification if SC-5 not implemented:
V1(I S-114 A 1724-50-pAu.v)orrs oN s (Th
SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and
identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance).
El On-site storm drain inlets 0 Yes 0 No HN/A
O Interior floor drains and elevator shaft sump pumps 0 Yes No --XN/A
O Interior parking garages 0 Yes 0 No faN/A
O Need for future indoor & structural pest control 0 Yes No KN/A
Landscape/Outdoor Pesticide Use 0 Yes 0 No a N/A
O Pools, spas, ponds, decorative fountains, and other water features 0 Yes No cEN/A
Food service ,Yes 0 No 0 N/A
O Refuse areas 0 Yes 0 No FIN/A
O Industrial processes 0 Yes 0 No aN/A
O Outdoor storage of equipment or materials 0 Yes 0 No erSA
O Vehicle and Equipment Cleaning 0 Yes 0 No A N/A
O Vehicle/Equipment Repair and Maintenance 0 Yes No ;Fa N/A
O Fuel Dispensing Areas 0 Yes 0 No .14 N/A
O Loading Docks 0 Yes 0 No MN/A
O Fire Sprinkler Test Water 0 Yes 0 No 121 N/A
O Miscellaneous Drain or Wash Water 0 Yes No ZrN/A
O Plazas, sidewalks, and parking lots 0 Yes 0 No 0 N/A
For "Yes" answers, identify the additional BMP per Appendix El.Provide justification for "No" answers.
.•
:
.Site Design BMPs`
All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See
Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual for information to implement site design BMPs shown in
this checklist.
Answer each category below pursuant to the following.
• "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E2 thru E.6 of
the Model BMP Design Manual. Discussion /justification is not required.
• "No" means the BMPs is applicable to the project but it is not feasible to implement.Discussion/justification must be
provided. Please add attachments if more space is needed.
•"N/A"means the BMPs is not applicable at the project site because the project does not include the feature that is
addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be
provided.
Source Control Requirement "Applitin
SD-1 Maintain Natural Drainage Pathways and Hydrologic Features Yes No tN/A
Discussion/justification if SD-1 not implemented:
SD-2 Conserve Natural Areas, Soils, and Vegetation Yes No JaN/A
Discussion/justification if SD-2 not implemented:
SD-3 Minimize Impervious Area Yes No SN/A
Discussion/justification if SD-3 not implemented:
SD-4 Minimize Soil Compaction Yes No gN/A
Discussion/justification if SD-4 not implemented:
SD-5 Impervious Area Dispersion Yes No XN/ADiscussion/justification if SD-5 not implemented:
Source Control Requirement (continued).APplied?
SD-6 Runoff Collection Yes No PCI N/ADiscussion/justification if SD-6 not implemented:
SD-7 Landscaping with Native or Drought Tolerant Species Yes No RN/ADiscussion/justification if SD-7 not implemented:
6c /4,IAN OSetiff2e '-
z n.V-1 /Id
SD-8 Harvesting and Using Precipitation Yes No 4--11-WADiscussion/justification if SD-8 not implemented:
..
elm*"
%%re Order laer:NCS-759159-SD
Page Number:1
July 06, 2017 Update
ST Amen/c
First American Title Insurance Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego,CA 92122
July 06, 2017
Laurie Riddle
Shea Properties
130 Vantis Ste 200
Aliso Viejo ,CA 92656
Phone: (949)389-7114
Fax: (949)389-7188
Customer Reference:Vacant Land/APN 213-261-16-00
Title Officer:Vince Tocco/ Linda Slavik
Phone:(858)410-3886
Fax No.:(877)461-2094
E-Mail:vtocco@firstam.com
Buyer:To Be Determined
Owner:Bressi Industrial,LLC
Property:Vacant Land, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the optionofeither the Company or the Insured as the exclusive remedyofthe
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exdusions 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.
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It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
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Dated as of June 29, 2017 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Bressi Industrial,LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcel 1, an easement as to Parcel 2.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1.General and special taxes and assessments for the fiscal year 2016-2017,a lien not yet due or
payable.
2.This item has been intentionally deleted.
2a.Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
First Installment:$18,686.47,OPEN
Penalty:$0.00
Second Installment:$18,686.47,OPEN
Penalty:$0.00
Tax Rate Area:09199
A.P.No.:869-264-95-66
(Affects Parcel 1 of Parcel 1)
2b.Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
First Installment:$18,839.64,OPEN
Penalty:$0.00
Second Installment:$18,839.64,OPEN
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Penalty:$0.00
Tax Rate Area:09199
A.P.No.:869-264-95-76
(Affects Parcel 2 of Parcel 1)
3.Assessment liens,if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
1915 Bond for City of Carlsbad 2002-1; Street Improvements
4.The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No.1, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No.1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No. 2003-
0289327 and 2003-0289328, both of Official Records.
5.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6.The terms and provisions contained in the document entitled "Agreement Regarding the Payment
of a Public Facilities Fee for inside the Boundaries of Community Facilities District No.1"
recorded December 11, 1998 as Instrument No.1998-0806517 of Official Records.
7.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 25, 2003 as Instrument No. 2003-0210190 of Official Records.
8.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No.2003-0270075 of Official Records.
9.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003 -0270076 of Official
Records.
10.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 1,2003 as Instrument No.2003-0362107 of Official Records.
11.An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For:General utility and access and incidental purposes.
(Affects Parcel 1)
A portion of said easement was vacated by Resolution No. 2007-211 recorded August 9, 2007 as
Instrument No. 2007-0532404 of Official Records.
12.An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For:Restricted sight distance and incidental purposes.
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(Affects Parcel 1)
13.An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For:Landscape maintenance and incidental purposes.
14.An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Maps
For:Future private drainage and incidental purposes.
(Affects Parcel 2)
15.Abutter's rights of ingress and egress to or from Innovation Way have been dedicated or
relinquished on the map of Carlsbad Tract CT 02-15 of Map No.14960 of Maps recorded
February 04, 2005.
16.Abutter's rights of ingress and egress to or from Gateway Road have been dedicated or
relinquished on the map of Carlsbad Tract CT 02-15 of Map No.14960 of Maps recorded
February 04, 2005.
(Affects Parcel 1)
17.Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded March 15, 2005 as Instrument No. 2005-0210897 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source
of income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded January 26, 2012 as Instrument No. 2012-
0045639 of Official Records.
Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No.2012-
0412306 of Official Records.
Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No.
2013-0117373 of Official Records.
Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No.
2014-0556453 of Official Records.
18.The terms and provisions contained in the document entitled "Agreement Regarding Annexation
of Certain Real Property to Street Lighting and Landscape District No.2 of the City of Carlsbad
and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005
as Instrument No. 2005-0216793 of Official Records.
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19.An easement for public utilities and incidental purposes, recorded April 11, 2005 as Instrument
No.2005-0294004 of Official Records.
In Favor of:San Diego Gas & Electric Company
Affects:As described therein
20.This item has been intentionally deleted.
21.Covenants, conditions, restrictions and easements in the document recorded June 9, 2005
as Instrument No.2005-0483802 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded July 26, 2006 as Instrument No. 2006-
0529274 of Official Records.
22.Covenants, conditions, restrictions and easements in the document recorded August 11, 2005
as Instrument No. 2005-0689778 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded July 28, 2006 as Instrument No. 2006-
0536070 of Official Records.
Document(s) declaring modifications thereof recorded February 10, 2014 as Instrument No.
2014-0054465 of Official Records.
23.An easement for private storm drain and incidental purposes, recorded August 16, 2007 as
Instrument No. 2007-0546688 of Official Records.
In Favor of:Lot 23 Bressi Ranch, LLC, a California Limited Liability Company
Affects:As described therein
The terms and provisions contained in the document entitled "Encroachment Agreement"
recorded December 24, 2007 as Instrument No. 2007-0790600 of Official Records.
24.An easement for general utility and access purposes and incidental purposes, recorded November
13, 2007 as Instrument No. 2007-0717227 of Official Records.
In Favor of:City of Carlsbad, a Municipal Corporation
Affects:As described therein
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25.The terms and provisions contained in the document entitled "Permanent Storm Water Quality
Best Management Practice Maintenance Agreement" recorded December 19, 2007 as Instrument
No.2007-0781660 of Official Records.
26.A deed of trust to secure an original indebtedness of $10,000,000.00 recorded September 25,
2015 as Instrument No. 2015-0505923 of Official Records.
Dated:September 23, 2015
Trustor:Bressi Industrial,LLC
Trustee:First American Title Insurance Company
Beneficiary:City National Bank
The above deed of trust states that it is a construction deed of trust.
27.Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded September 25, 2015 as Instrument No. 2015-0505923 of Official
Records.
28.The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded October 21, 2015 as Instrument No. 2015-0549375 of Official Records.
29.The terms and provisions contained in the document entitled "Permanent Stormwater Quality
•Best Management Practice Maintenance Agreement" recorded October 21, 2015 as Instrument
No. 2015-0549376 of Official Records.
30.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded October 22, 2015 as Instrument No. 2015-0553267 of Official Records.
31.Water rights, claims or title to water, whether or not shown by the public records.
32.Rights of parties in possession.
33.An easement shown or dedicated on the map filed or recorded December 17, 2015 as Instrument
No. 2015-7000509 of Parcel Map No. 21308
For:Sewer and incidental purposes.
34.This item has been intentionally deleted.
35.An easement for Underground Facilities for the transmission and distribution of electricity,
Pipelines and Communication Facilities and incidental purposes, recorded January 15, 2016 as
Instrument No. 2016-0018190 of Official Records.
In Favor of:San Diego Gas & Electric Company, a Corporation
Affects:as described therein
The location of the easement cannot be determined from record information.
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36.Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded August 24, 2016 as Instrument No. 2016-0438762 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source
of income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
37.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded September 30, 2016 as Instrument No. 2016-0524204 of Official Records.
38.A notice of nonresponsibility, executed by Bressi Industrial,LLC, a California limited liability
company, recorded December 21, 2016 as Instrument No.2016-0700794 of Official Records.
39.The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded March 29, 2017 as Instrument No. 2017-0140351 of Official Records.
(Affects Parcel 1 of Parcel 1)
40.Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a notice of completion recorded January 23, 2017 as Instrument No. 2017-0034291 of Official
Records, which reflects a completion date of November 15, 2016.
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INFORMATIONAL NOTES
1.Taxes for proration purposes only for the fiscal year 2016-2017.
First Installment:$22,378.33, PAID
Second Installment:$22,378.33, PAID
Tax Rate Area:09199
APN:213-261 -24-00
(Affects Parcel 1 of Parcel 1)
2.Taxes for proration purposes only for the fiscal year 2016-2017.
First Installment:$20,740.11, PAID
Second Installment:$20,740.11, PAID
Tax Rate Area:09199
APN:213-261-25-00
(Affects Parcel 2 of Parcel 1)
3.The property covered by this report is vacant land.
4.According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded June 10, 2015 as Instrument No. 2015-0300812 of Official Records.
From:Slater Place LP, a California limited partnership
To:Bressi Industrial,LLC, a California limited liability company
5.It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and information, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
6.This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only.It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
7.Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A.WITH RESPECT TO A CORPORATION:
1.A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
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2.A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B.WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1.A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2.A full copy of the partnership agreement and any amendments;
3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C.WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1.A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6)to be recorded in the public records;
2.A full copy of the partnership agreement and any amendment;
3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D.WITH RESPECT TO A GENERAL PARTNERSHIP:
1.A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I),executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2.A full copy of the partnership agreement and any amendments;
3.Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E.WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1.A copy of its operating agreement and any amendments thereto;
2.If it is a California limited liability company,a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3.If it is a foreign limited liability company,a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4.With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i)If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
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(ii)If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F.WITH RESPECT TO A TRUST:
1.A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2.Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3.Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G.WITH RESPECT TO INDIVIDUALS:
1.A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon.First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
*****To obtain wire instructions for deposit offunds to your escrow file please
contact your Escrow Officer.*****
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LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:
PARCELS 1 AND 2 OF PARCEL MAP NO. 21308, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 17, 2015 AS FILE NO. 2015-7000509 OF OFFICIAL RECORDS.
PARCEL 2:
A PERPETUAL NON-EXCLUSIVE EASEMENT FOR LANDSCAPE, STORM DRAIN, UTILITY AND
SIGNAGE, AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANT OF RECIPROCAL EASEMENTS FOR BRESSI RANCH CORPORATE
CENTER", RECORDED MARCH 15, 2005 AS INSTRUMENT NO. 2005-0210897, OF OFFICIAL
RECORDS.
APN:213-261-24-00 (Affects: Parcel 1 of Parcel 1)
213-261-25-00 (Affects: Parcel 2 of Parcel 1)
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The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize the
personal information you provide to us. Therefore, together with our parent company, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us.It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
•Information we receive from you on applications, forms and in other communications to us, whether in
writing,in person, by telephone or any other means;
•Information about your transactions with us, our affiliated companies, or others; and
•Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
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CLTA/ALTA HOMEOWNER'S POLICY OF 'MU INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;
(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15,16,18,19,20, 23 or 27.
2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5.Failure to pay value for Your Title.
6.Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b)in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16,18,19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2.The right to take the land by condemning it, unless:
(a)a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
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Page Number: 15
3.Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4.Failure to pay value for your title.
5.Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.a. Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b.not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured aaimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured aaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11,13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage,is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the
coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
firstAmerican Title Insurance Company
Ordei:inber:NCS-759159-SD
Page Number: 16
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.a. Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i.the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exdusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured aaimant;
b.not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured aaimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured aaimant became an Insured under this
policy;
c.resulting in no loss or damage to the Insured aaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage,is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the
coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
First American Title Insurance Company
OrderOiber:NCS-759159-SD
Page Number: 17
1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests, or daims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6.Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1.a.Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i.the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations.This Exdusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5,6, 13(c), 13(d),14 or 16.
b. Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d),14 or 16.
2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse daims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured aaimant became an Insured under this
Policy;
c. resulting in no loss or damage to the Insured aaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.This Exdusion does not
modify or limit the coverage provided in Covered Risk 26.
6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage,is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
First American Title Insurance Company
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•AlEtrittne I.5628/upon as a survey of the land depicted hereon. This map is solely
intended to provide orientation as to the general location of the
r bl 14 parcel or parcels depicted herein.First American Title Company, Itsi-ire
1165.77517 76770' 62186'Airwrinnr 500 subsidiaries and affiliates, expressly disclaim any and all liability for——-----__L____
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.,-—NOT TO SCALE all loss or damage which may result from reliance or use of this map.—
INVOICE (00009317)
BILLING CONTACT C City ofBRESSI INDUSTRIAL LLC City of Carlsbad
130 Vantis, 200 1635 Faraday Avenue
Aliso Viejo, Ca 92656 Carlsbad, CA 92008-7314 Carlsbad
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
•
00009317 05/31/2017 05/31/2017 Due NONE
REFERENCE NUMBER FEE NAME TOTAL
CUP2017-0006 CONDITIONAL USE PERMIT (PLN) Minor $779.00
POSTAGE (ALL)$27.44
6133 Innovation Way Carlsbad, CA 92009-1772 SUB TOTAL $806.44
TOTAL $806.44
I 11111111111 III 11111 11111 11111 11111 0111 11111 11111 11111 10111
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1715101 -2 05/31/2017 149
Wed,May 31,2017 10:57 AM
Receipt Ref Nbr:R1715101 -2/0010
ENERGOV -ENERGOV
Tran Ref Nbr:171510102 0010 0011
Trans/Rcpt#:00009317
SET #:00009317
Amount:1 U $806.44
Item Subtotal:$806.44
Item Total:$806.44
1 ITEM(S)TOTAL:$806.44
Check (Chk#003146)$806.44
Total Received:$806.44
Have a nice day!
**************CUSTOMER copy*************
Page 1 of 1May 31, 2017 10:56 am