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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. First American Title Insurance Company Order liner:NCS-759159-SD• Page Number: 2 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. First American Title Insurance Company Order Ier:NCS-759159-SD• Page Number: 3 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 First American Title Insurance Company to"bt, Order hillOter:NCS-759159-SD Page Number: 4 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. First American Title Insurance Company Order Zen NCS-759159-SD Page Number: 5 (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. First American Title Insurance Company -_ Order aer:NCS-759159-SD• Page Number: 6 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 First American Title Insurance Company 'PP*,Ammi, Order Nit/ter:NCS-759159-SD Page Number: 7 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. First American Title Insurance Company Order aer:NCS-759159-SD Page Number: 8 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. First American Title Insurance Company aaaaraara..„„MINI Order /er:NCS-759159-SD Page Number: 9 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. First American Title Insurance Company `kft.w Order;ler:NCS-759159-SD Page Number: 10 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; First American Title Insurance Company 0rderber:NCS-759159-SD Page Number: 11 (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.***** First American Title Insurance Company 11101611111.00MIN 0.W *IOW Order ber:NCS-759159-SD Page Number: 12 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) First American Title Insurance Company 11.61111111•1 OrderOber:NCS-759159-SD Page Number: 13 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. First American Title Insurance Company mom OrderlM ber: NCS-759159-SD Page Number: 14 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 First American Title Insurance Company ........•••11.11111.11111011111111110(o OrderQber:NCS-759159-SD 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 tc I r ., ...,,,LOT 23 I it LOT 1 r First American4•N895717T 5.27.00'4.--s-___74.216.---e.Title Insurance Company167.5:_.--.- 7,1fr\M ii..VWAszi t •iff File No.: 759159 4.aPAI di 0 .71.2.,..Location: San Diego County, CAI .;210//Ai'..76'F 1/4 Legend.., N/RI PARCEL 1..,A N kLOT16PrzaSW:Zi•Tract Map #14960IOr"IP.rzz r4,16.-0 PARCH 2 t 1.4i i kA (08/09/2007 #2007-0532404) kz,Fria 1985 AMES GROSS/AU (General Utility And Access)rib;s......,,Tract Map #14960INwr,pa ..aA €tn F'!-,(Restricted Sight Distance)k riot F:61 EI a5 MAP r/zA Tract Map #14960ti41MAP14960.. ,.144 LO1 //1 (Landscape Maintenance) SICNT DISTANCE 02RAVOR u V44995.92rE -7019''N 1 -..r i Tract Map #14960i.„&el Alm A/Mr t.I'Ml curry Al _ ma'alit liwi N.90VOCOV $.71257'\7514 7 '/1 (Future Private Drainage)a r...ssttst *stYtt:.3AWWVOT 2aoo.PAW Jeevr '04/11/2005 #2005-0294004i*Utilities).!Atsonovor 15187' \\ ----Vic .'r , K. .4 51 (Publico )tat.;*:.s;08/16/2007 #2007-0546688 h sasaevrroft PUBLIC .21ER PURPLarS DEDICAIED HERRN e.*le:,•g:..;.CCil -'.p —I (12/24/2007 #2007-0790600) ow.(Private Storm Drain)mop 1ItN % -61 L.w-o •A'11/13/2007 #2007-0717227 t 11 .- (General Utility And Access) LOT 18 -re.' 171'Mks_ Q Parcel Map #21308 (Sewer)mil10 q ' PARCEL I Vb.iR 01/15/2016 #2016-0018190k6CYOACRESMOSS/AFT t t*N (Underground Facilities For The41wkod ha\1,t ':Transmission And Distribution Ps%..Of Electricity, Pipelines And 4eil 5ti .#.Communication Facilitiestqt iakaalg .itI -Not Plottable)Nt r r /14•,7 .7'•'Cm ka4an N89:71 "JV SU 7/' •.,/e,--r-fre../?iPMio,,,,fo ..e...re.7zow...!...-„.sw........„."„.a \•..identification map may or may not be an accurate description or1Ta2/'Is of the land and is not intended nor may be it relied254 I ICt "0 •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____ . .,-—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