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Home My WebLink AboutCUP 2017-0009; ECO-FRIENDLY AUTO SPA; Conditional Use Permit (CUP)',_,_.;, ________ _ Catyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits e:oiOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) [Z] Coastal Development Permit -J oo'-t9 D Mino"2,OI D General Plan Amendment ~ Conditional Use Permit !Bl Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor l,0\1 • -" I MW • D Local Coastal Program Amendment D Master Plan D Amendment D Specific Plan •Amendment D Zone Change D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major B NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S). 211-030-028•00 --------------------------- PROJECT NAME: Toyota Carlsbad -Eco-Friendly Auto Spa BRIEF DESCRIPTION OF PROJECT: Demolition of an existing structure and construction of a car wash on 1.16 acre lot PROJECT VALUE ESTIMATED COMPLETION DATE (SITE IMPROVEMENTS) LOCATION OF PROJECT 6010 Avenida Encinas, Carlsbad, CA 92011 ON THE: BElWEEN East (NORTH, SOUTH, EAST, WEST) Palomar Airport Road (NAME OF STREET) '.DEVZ.017-00lU P-1 SIDE OF AND Page 1 of6 STREET ADDRESS Avenida Encinas (NAME OF STREET) Poinsettia Lane (NAME OF STREET) Revised 09/16 C OWNER NAME (Print): Judith A. Jones-Cone APPLICANT NAME (Print): Toyota Carlsbad -Peggy Keicher MAILING ADDRESS: 6030 Avenida Encinas MAILING ADDRESS: 6030 Avenida Encinas, Suite 220 CITY. STATE, ZIP: Carlsbad, CA 92011 CITY, STATE, ZIP: Carlsbad, CA 92011 TELEPHONE: 760-496-2931 TELEPHONE: 760-496-2931 EMAIL ADDRESS: jjones-cone@lexuscarlsbad.com EMAIL ADDRESS: pkelcher@toyotacarlsbad.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR -1.u.rA,,f/\.. ~e.l,..u--.Jf/5'/,,t/)17 PURPOSES OF THIS APPLICATION. ~•od-l-6.~0l)•~ 1.-\-Co-11 SIGN~E DATE SIGNAT/IJW (\ DATE I - APPLICANT'S REPRESENTATIVE (Print): Eric Munoz -Hofman Planning and Engineering MAILING ADDRESS: 3152 Lionshead Avenue CITY, STATE, ZIP: Carlsbad, CA 92010 TELEPHONE: 760-692-4011 EMAIL ADDRESS: emunoz@hofmanplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNO~E~ Mu--.;~ ~ ·2.,~-2..D,~ I-- SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. s~~~~~,:i~L-u-:~Rb-~ FOR CITY USE ONLY P-1 Page2of6 RECEIVED JUL 1 9 2017 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 09/16 Ccicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Peggy Keicher Corp/Part Toyota Carlsbad/Stellar Properties, LLC Title Director Property Management Title Director Property Management Address 6030 A-Encinas.Ste 220 cansbad, cA 92011 Address 6030 Avenida Encinas,Ste 220 Carlsbad, CA 92011 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLEi(N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, ar,d addresses of the corporate officers. (A separate page may be attached if necessary.) Person Judith A. Jones-Cone Title Sole Managing Member Address 6030 Avenida Encinas.Ste 220 Carlsbad, CA 92011 Corp/Part Toyota Carlsbad/Stellar Properties, LLC Title Sole Managing Member Address 6030 Avenida Encinas.Ste 220 Carlsbad, CA 92011 Page 1 of 2 Revised 07/1 O I - 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 ProfiVTrust. _______ _ Non ProfiVTrust. _________ _ Title ------------Title --------------Address __________ _ Address. ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Judith A. Jones-Cone Print or type name of owner 7<-~~ A. . \-{-e\:ne I' Print oty -hame of applicant -~_,__: M ~~ \l /~ /2.a, s Signature of owner/applicant's agent applicable/date p I If ltl,o, Eri C Mvr,ro= 553 cc Print or type name of owner~licant's agen§ P-1(A) Page 2 of 2 Revised 07/10 C_ City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Toyota Carlsbad -Eco Friendly Auto Spa APPLICANT NAME: Toyota Carlsbad -Peggy Keicher 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: P-1(B) Page 1 of 1 Revised 07/10 ,.-- Toyota Eco-Friendly Auto Spa '"\ ' 6010 Avenida Encinas, Carlsbad CA 92008 February 20, 2018 Project Description Project Site and Overview: The project site is an existing, developed 1.1 acre parcel at 6010 Avenida Encinas with a vacant 12,000 square foot building formerly used by Cavallo Motorsports, a used car dealer, As a fully urbanized site with existing and previously used building, pavement and parking spaces, there are no natural features onsite, nor any biological habitats or native vegetative cover, As an existing/developed site, the proposal to demolish the existing building and construct a modernized car wash facility will not impact any environmental resources, cultural resources, scenic vistas or other sensitive natural features, The car wash use proposed by Toyota Carlsbad is intended for general public use as well as the service division of the adjacent Toyota Carlsbad facility and related entities such as collision repair services, The car wash facility is 5,153 square feet with public restroom, office, and staff break room; the site will provide 19 parking spaces with vacuum cleaners, one handicap accessible space and 3 spaces designated for staff/employee use (without vacuum cleaners) for a total of 23 total spaces onsite, The site is designed so that the exit tunnel of the car wash faces east into the existing Toyota 'campus' and not toward any residential or sensitive noise receptor land uses, The site has also been designed to satisfy Waste Management service and circulation, as well as Fire Department access requirements, Car wash hours of operation are 7 AM to 8 PM seven days of week, The car wash use requires a Conditional Use Permit per the city zoning ordinance; and a Coastal Development Permit is required due to the Coastal Zone location of the subject parcel, REC~IVED MARO 7 2018 CITY OF CA,<LSBAD P;_t'-,'.\!NINS !J!'JISiQN CUP# ADDRESS PROJECT PARKING STAFF REPORT PROJECT NAME ELEMENTS REQUIRED/ PARKING PROVIDED SUMMARY CUP 90-2 899 Gas station, 6 spaces/ Staff report notes Mobil Oil Paseo del Norte mini-mart retail, 8 spaces 6 space parking express car wash requirement based on mini- mart retail space; two additional spaces provided for employees for total of 8 spaces RP 96-03 880 Gas station and 0 spaces/ Staff report notes UNOCAL Carlsbad Village express car wash 3 spaces no parking Gas Station and Drive standard or Car Wash requirement applicable but 3 spaces provided for use of restroom, phone, and air/water units; offsite Agreement for employee parking CUP 05-31 2741 Gas station, mini-13 spaces/ Staff report notes Bressi Ranch Gateway Road mart retail and 16 spaces 13 space parking Fuel Mart express car wash requirement based on retail square footage; 3 additional spaces for auto detailing CUP 93-01 6019 Car wash with 16 spaces/ 16 space Palomar Hand Palomar Airport hand drying 18 spaces requirement Car Wash Road service; office and based on office mini mart retail and retail use; two additional for employees PARKING STUDY/JUSTIFICATION: CAR WASH APPROVALS AND PROPOSED CAR WASH SUMMARY OF PROPOSED PARKING FOR TOYOTA CARLSBAD ECO-FRIENDLY AUTO SPA: • No retail sales component • 100 square foot office square footage; 293 square foot staff break room • No gas station or gas pump components • No applicable or code-required parking standard • No onsite hand-drying services by staff or onsite employees • 19 parking spaces provided for customer vacuum stations • 3 parking spaces provided for onsite employee parking with no vacuum stations • 1 handicap accessible parking space with no vacuum station • 23 total parking spaces provided onsite The proposed parking spaces for the subject use can be considered adequate since: • Other existing car washes have retail sales components that generate parking demand • Some other car washes have onsite drying services performed by employees • The 23 total parking spaces provided exceeds the parking provided by other existing car washes NE VWVAVE INDWSTRIES:m 10/9/18 New Wave Industries 3315 Orange Grove Avenue North Highlands, CA 95660 www.purclean.com Site: Sonny's Equipment -Toyota Carlsbad Subject: Permitting Letter -Usage Information To Whom It May Concern: PWRCLEAN. s,ot -fl ff .,Nu $Y5HM$ PlMRWATER. WA.TEI RECOVERY SYSTEM S The PurWater Recovery System has been engineered and designed specifically with the Professional Car Wash Operator in mind and incorporates the same innovative, cutting edge technology the industry has come to expect from Pur-Clean. Modular in design, the PurWater System platform provides a simplified approach that allows the system to be easily adapted to meet the needs and requirements of the targeted wash facility and eliminates the confusion typically associated with water recovery. Sonnv's Automatic Tunnel It is a commonly used number that you will lose 6 gallons to evaporation and carry out. Using 62.80 gallons total (reclaim and freshwater) per vehicle will put you at 67.87% reclaim which should be a good balance of wash quality and conservation. With your chemical applications and final rinse applications at 24.25 gallons per vehicle and all your wash applications running on reclaimed water you will be at 18.25 gallons per vehicle going to sewer. Water Use Per car • evaporation and carry out 6 gallons • chemical application and final rinses 24.25 gallons • wash applications on reclaim water 38.55 gallons • at maximum going to sewer 18.25 gallons of water per car Best Regards, Charles Borchard VP Operations New Wave Industries PurC/ean & PurWater 3315 Orange Grove Ave North Highlands, CA 95660 Phone-office: 916.978.9990 / 800.882.8854 FAX: 916.978.9995 e-mail: cborchard@purclean.com Website: www.purclean.com Application Prep Unit Foaming Applicator Arch Total Shine Bath Foaming CTA #1 Foaming CTA #2 Triple Foamer Wrap Foamer #1 Wrap Around Water #1 Mitter Water #1 Wrap Foamer #2 Wrap Around Water #2 Top Brush Floor Applicator Rocker Panel Omni Top Omni Sides Total Shine Wax Total Shine Rinse Mirror Rinse Final Rinse Rain Drying Agent Rain Sealer Wax Total Water Usage Evaporation and Drive Off Gallons Fresh Water Usage Gallons Reclaim Water Usage Gallons Discharge To Sewer Gallons Reclaim Percentage Fresh Water Percentage Evaporation and Drive off Percentage Gallons Used 2.67 1.50 0.80 0.53 0.16 1.20 1.00 4.00 17.25 1.33 4.00 2.00 1.33 1.30 6.00 6.00 2.66 2.66 1.10 2.66 2.66 2.66 62.80 -6.00 24.25 38.55 18.25 67.87% 38.61% -6.48% 100.00% Fresh/Reclaim Reclaim Fresh Fresh Fresh Fresh Fresh Fresh Reclaim Reclaim Fresh Reclaim Fresh Fresh Reclaim Reclaim Reclaim Fresh Fresh Fresh Fresh Fresh Fresh REAL WORLD EXAMPLE Evaporation and Drive off Percentage, - 6.48% March 8, 2016 Reclaim Effluent auaUty Estimate tor PurWater Reclaim Systems The PurWater Reclaim System consists of two primary components ... the underground reclaim tank(s) and the above ground PurWater unit. The below ground tanks are normally supplied by a local concrete vault vendor, with their capacity and lay-out per PurWater specifications. The primary purpose of the reclaim system is to provide quality water to the wash so that the water can be re-used within the wash and still provide a clean car. The re-use of the water allows the operator to minimize the amount of incoming fresh water to the wash and the amount that is discharged from the wash. The reclaim system is not designed to meet a specific effluent quality of the discharge, although in many cases the water discharged from the system goes directly to sewer or a leach field. As the primary purpose of the PurWater Reclaim System is to provide quality water for re-use within the wash, the system is designed to separate settleable solids (typically sand, grit) and free oils from the water going to the wash. These solids and oils can affect the wash quality, and increase the maintenance on wash pumps, piping, and nozzles. The large settleable solids (150 micron and larger) are settled within the underground tanks prior to entering the above ground PurWater unit. The PurWater unit uses high efficiency cyclones to remove down to 5 micron settleable solids prior to the wash. The solids-laden water from the PurWater unit is re-introduced into the reclaim water at the front end of the underground tanks, where some solids settle and some continue with the water phase to be re-treated or go out with the effluent. The free oils (150 micron and larger) float to the surface within the underground tanks and are trapped within the tanks. Accumulated settleable solids and free oils are periodically (normally every 3-6 months) removed from the reclaim system by pumping out the underground tanks and replacing with fresh water. Some amount of water is continuously discharged from the reclaim system in order to satisfy the water balance for the wash. The volume of discharge is dependent on the amount of fresh water used by the wash, less any water that is lost to evaporation and carry-out. The discharge is sent to a separate, customer supplied wastewater treatment device, or directly to sewer or a leach field. The PurWater Reclaim System does not treat or affect minerals or chemicals dissolved in the water, emulsified or dissolved oils, non-settleable solids, the BOD / COD content, pH, or temperature of the water that is discharged. The reclaim system does have an effect on the amount of settleable solids and free oil (150 micron and larger in size) that is discharged with the water. The underground reclaim tanks are designed similar to other gravity separator devices used in a variety of industries for oil and solids removal. Based upon numerous field observations of PurWater Reclaim Systems, I can estimate that the discharge from the reclaim system will normally be: Settleable Solids: 25-100 ppm Free Oil & Grease: 10-25 ppm This estimate is based on normal settleable solids and free oil loadings seen by car washes. The estimate is not a guarantee of performance. The estimated discharge quality from the PurWater Reclaim System may or may not be acceptable for direct discharge to sewer or a leach field. Local authorities and municipalities should be consulted to determine whether additional treatment is required to meet discharge permits. If you have any questions or comments on the above, please contact me in our Sacramento office. Sincerely, Charles Borchard VP Operations New Wave Industries PurClean & PurWater 3315 Orange Grove Ave North Highlands, CA 95660 Phone-office: 916.978.9990 I 800.882.8854 Phone-cell: 916.996.6468 FAX: 916.978.9995 e-mail: cborchard@purclean.com Website: www.purclean.com • . Reclaim Water Systems General Description: The use of reclaim water has become an important method for the car wash operator to reduce his / her operating expenses (water I sewer costs) and start-up costs (impact / connection fees). Many municipalities are requiring the use of reclaim water in car wash operations and operators are continually looking for ways to increase profits, so reclaim systems are becoming essential in the overall operation of the wash. Reclaim water is the re-use of water that has already been used in the wash and recovered by the drain system in the wash bay. Most drain systems consist of a catch basin to settle out the large solids, followed by two or three underground reclaim tanks to remove oil & grease, floatable materials and settleable solids. Overflow water from the last reclaim tank is then discharged to sewer or an oil / water separator. Water from the reclaim tanks contains solids that have not settled within the tank. These solids are typically small in size (less than 150 microns) and consist of sand, clay, and silt. These solids can increase wear on pumps, piping, and nozzles, and increase the potential of plugging nozzles. Reclaim water also is a great environment for growing bacteria which can create plugging and odor problems. Typically, anaerobic bacteria (bacteria that grow in the absence of oxygen) will grow beneath the settled solids in the reclaim tank. This type of bacteria produces hydrogen sulfide and methane that has an odor similar to rotten eggs. A properly designed reclaim system must both remove solids and provide biological / odor control. A PurWater reclaim system takes water from the last compartment of the reclaim tank and treats it further so that the quality is acceptable for re-use in the wash . The PurWater reclaim system also returns a portion of the water back to the reclaim tank to provide biological / odor control. Reclaim water that is treated by a PurWater system can then be used for the undercarriage, side panel blasters, mitters, and high pressure rinse cycles which greatly reduces the overall amount of city water required by the wash and the amount of water discharged to sewer. Typically, 60-85% of the water used on the car can be reclaim water. PurWater Reclaim System: The PurWater Reclaim System consists of cyclone separators to remove solids down to the 5 micron range and one of two methods (air sparger or ozone addition) to control odor and biological growth. The system is contained on a compact frame with its own pump/ motor and controls. The system will recirculate water continuously back to the second compartment of the reclaim tank for odor and biological control. When a demand for reclaim water is received from the wash, the system will provide treated reclaim water. PWFS (Flood) Series Systems: The PWFS (Flood) series systems consist of a cyclonic sand separator, pump / motor, controls, and an air sparger designed to treat 60 or 100 GPM of reclaim water. The sand separator will remove down to 70 micron solid particles and is adequate for use in Auto Dealer or Fleet / Flooder Arch Friction wash applications. When the wash demands water, the system provides treated water to the wash and recirculates water through the air sparger, located in the reclaim tank, for odor and biological co , ol. If the wash does not demand water fQO minutes, the system will automatically recirculate treated water back to the reclaim tank through the air sparger for five minutes. This operation ensures that odor and biological control are performed periodically to prevent the reclaim tank from going septic. Drawing #1 G shows the Process & Instrumentation Diagram (P&ID) for the PWFS (Flood) series design. PW 100/200/300/350-MS Series Systems: The PW 100/200/300/350-SM series systems consist of high efficiency cyclones, pump / motor, controls and one of two odor control systems air sparger or ozone addition. The standard systems are designed to treat 30, 60, 90 and 120 GPM of reclaim water. The new generation of high efficiency cyclones will remove down to 5 micron solids, so that the treated water can be used by high pressure touchless or friction in-bay automatics and tunnel wash applications. The system utilizes a Variable Frequency Drive (VFD) on the pump motor which is controlled by the wash demand, to vary the amount of water that is treated and delivered. Water continuously recirculates back to the reclaim tank, both when water is demanded by the wash and when there is no demand. Up to three different demand inputs from the wash can be incorporated into the VFD. The PW 100/200/300/350-SM system piping also incorporates a city water intake line for use as: 1) a by-pass to meet wash water demands in case the system is not operating due to an extremely low level in the reclaim tank or a fault; and 2) an automatic pump prime operation for system start- up. Air Sparger Biological and odor control are accomplished by using one of two methods, depending upon the model number supplied. The first method uses an air sparger (models ending in SMAS), which is mounted within the reclaim tank above the water level. The air sparger will bring in air as water is passed through the sparger. The aerated water will add oxygen to the tank water which will control the anaerobic bacteria growth. Ozone The other method utilizes ozone to kill the bacteria (models ending in 5M12O or 5M24O). Ozone is a contact killing agent, similar to chlorine used in city water. Ozone (03) is generated by concentrating the oxygen (02) in ambient air and passing the concentrated oxygen through a high voltage electric current to produce ozone. The ozone laden gas is then educted into the recirculation water stream and into the reclaim tank to kill the bacteria. Caution: Breathing concentrated ozone can create severe breathing problems. Precautions must be made to prevent exposure to concentrated ozone. -. .. ~ . .. ..... -----------"-·---------------=-------------, Cacyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. • The development project and any alternatives proposed in this application !!:!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name Toyota Carlsbad -Peggy Keicher Address: 6030 Avenida Encinas, Suite 220 Carlsbad, CA 92011 Phone Number: 760-496-2931 Address of Site: 6010 Avenida Encinas PROPERTY OWNER Name: Judith A. Jones-Cone Address: 6030 Avenida Encinas Carlsbad, CA 92011 Phone Number: 760-496-293 1 Local Agency (City and County):_C_a_r_ls_b_a_d_, _C_A _______________ _ Assessor's book, page, and parcel number:_2_1_1_-0_3_0_-0_2_7_-_0_0 ___________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: ____________________________ _ · /7 The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 , l C ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: J -19 -l :7 (To be completed by City) Application Number(s): C..0£ '.2,.017.,. OQ4q I C..UJ' '21)\ 1 .. 000 9 General Information 1, Name of project: Toyota Eco-Friendly Auto Spa 2. Name of developer or project sponsor: _T_o_y_o_ta_C_a_rs_l_b_a_d __________ _ 3. Address: 6030 Avenida Encinas City, State, Zip Code: Carlsbad, CA 92011 Phone Number: 76 0.496 -2931 Eric Munoz -HPE Name of person to be contacted concerning this project: ____________ _ Address: 3152 Lionshead Avenue City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760.692.4011 4. Address of Project: 6010 Avenida Encinas 5. 6. 7. 8. 9. Assessor's Parcel Number: 211 -0 30-2B --------------------- List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Coastal Development Permit, Conditional Use Permit Existing General Plan Land Use Designation: Pl -Planned Industrial Existing zoning district: PM -Planned Industrial E , t' 1 d ( l Vacant building -Carvallo used motoro sports car dealer xis mg an uses: _______________________ _ Proposed use of site (Project for which this form is filed): Car wash facility for Toyota Carlsbad and also open to the general public Project Description 10. Site size: _1_· 1_a_c_r_e_s ______________________ _ 11. Proposed Building square footage: _4_,8_4_8_s_q.c..u_a_r_e_fe_e_t ___________ _ 12: Number of floors of construction: _o_n_e _________________ _ 13. 14, P-1(D) Amount of off-street parking provided: _2_5 ________________ _ Associated projects: _n_la ______________________ _ Page2 of 4 Revised 07 /10 ' 1 C 15. If residential, include the number of units and schedule of unit sizes: _n_/_a _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: n/a 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ car wash use to employ 4-8 staff per shift -no loading facilities 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ n/a 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ city code requires CUP for car wash use in PM zone P-1(0) Page 3 of 4 Revised 07 /10 C Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. E ·/1-1- signature, .A-L-<.. lL-r1 "\ For: Hofman Planning & Engineering Date: July 19, 2017 P-1(0) Page4 of4 Revised 07/10 C Toyota Eco-Friendly Auto Spa 6010 Avenida Encinas, Carlsbad CA 92008 July 19, 2017 Supplemental Environmental Impact Assessment Information Project Site and Overview: The project site is an existing, developed 1.1 acre parcel at 6010 Avenida Encinas with a vacant 12,000 square foot building formerly used by Cavallo Motorsports, a used car dealer. As a fully urbanized site with building, pavement and parking spaces, there are no natural features onsite, nor any biological habitats or native vegetative cover. As an existing/developed site, the proposal to demolish the existing building and construct a modernized car wash service will not impact any environmental resources, cultural resources, or impact scenic vistas or other designated natural features. The car wash use being proposed by Toyota Carlsbad is intended for general public use as well as the service division of the adjacent Toyota Carlsbad facility and related entities such as collision repair services. The use requires a Conditional Use Permit per the city zoning ordinance; and a Coastal Development Permit is required due to the Coastal Zone location of the subject parcel. Responses to EIA questions #32 and 33: #32: As described above, the existing site is level with no topography and is fully developed with a vacant building, pavement, and parking spaces. No soil stability issues, plant or animal habitats, cultural resources, or scenic vistas are associated with the subject parcel. The existing structure will be demolished to accommodate the new car wash facility. Photographs are attached to the EIA. #33: Surrounding properties are likewise fully urbanized and developed and include an office complex to the north, the Toyota Carlsbad 'campus' to the east and south, and Avenida Encinas to the west. No sensitive or native environmental habitats exist in the adjacent area. Photographs are attached to the EIA. Other Environmental Information: Chen Ryan Associates conducted a Project Trip Generation study dated January 5, 2015 and is hereby incorporated by reference. This assessment considered the project details, the anticipated range of users including various entities under the Toyota Carlsbad business, and the trip generation estimates provided by regional transportation entities (SANTEC/ITE). It concludes that the new net trip generation C by the proposed project is 435 ADT (Average Daily Trips), which is under the 500 ADT threshold to require a detailed traffic impact study. The car wash is part of the Modernwash technology which is a national entity specializing in high-end automated car wash facilities that recycles water usage and utilizes state-of-the-art, low noise drying machines. A diagram (hereby incorporated by reference) provided by the manufacturer depicts offsite noise decay down to 75 dba at 100 feet from the dryer system. This noise will be further reduced by the specific enclosure configuration proposed by the project (see Project exhibits) with the car wash facility. In addition, given the site location, surrounding developments, and Avenida Encinas and railroad corridor to the west, noise impacts from the proposed use are not significant. GHG Assessment The project was put through the state's emissions estimate model and was below the 900 CO2 MTE threshold requiring further study relative to the city's Climate Action Plan. The estimated output was 343 CO2 MTE and did not account for the existing 12,000 square foot building onsite and the prior motorsports car dealership which could have been factored into the property's baseline of emissions which in turn have lowered the estimated operational emissions generated by the proposed project. Model Summary Report is attached and incorporated by reference. A Phase I Environmental Site Assessment and Soil Vapor Survey was conducted by SCS Engineers dated June 1, 2015 and is hereby incorporated by reference. Part of the Survey assessed hazardous materials and concluded no high risk conditions onsite, accounting for past uses onsite. Geotechnical A Geotechnical Investigation was prepared by Construction Testing & Engineering, Inc dated September 16, 2016 and hereby incorporated by reference. No significant issues or conditions were identified. CalEEMod Version: CalEEMod.2016.3.1 Page 1 of 4 Date: 7/19/2017 11 :49 AM Toyota Eco Friendly Auto Spa -San Diego County, Summary Report 1.0 Project Characteristics 1.1 Land Usage Land Uses User Defined Industrial l ; ' ! 1.2 Other Project Characteristics Urbanization Urban Climate Zone 13 Utility Company San Diego Gas & Electric CO2 Intensity 720.49 {lb/MWhr) 1.3 User Entered Comments Only CalEEMod defaults were used. Size 0.00 Wind Speed {mis) CH4 Intensity {lb/MW hr) Toyota Eco Friendly Auto Spa San Diego, Summary Report l Metric I Lot Acreage I Floor Surface Area 2.6 0.029 ' ' ! User Defined Unit 1.10 4,848.00 Precipitation Freq (Days) 40 Operational Year 2020 N20 Intensity 0.006 {lb/MWhr) Population 0 CalEEMod Version: CalEEMod.2016.3.1 Page 2 of 4 Toyota Eco Friendly Auto Spa -San Diego County, Summary Report Project Characteristics - Land Use -car wash use on 1.1 acre lot with structure of 4848 SF Grading -Grading of 1/2 of site Demolition - Vehicle Trips -435 ADT per project traffic trip generation study Date: 7/19/2017 11:49 AM Area Coating -new building square footage = 4,484 SF; parking lot approx 20,000 SF; no Residential emission/buildings; no interior coating Energy Use -216,000 energy output based on SDGE bills for comparable car washes with summer peak monthly energy output of 22,314 kwhr/month; 18,000 used given seasonal fluctuations in car wash use over a typical year, therefore 18,000 x 12 = 216,000 kwhr converts to 216 kwhr/size/year for estimated energy output per Ezra Fierro of Toyota client team; Lighting energy output provided by client/Toyota Water And Wastewater -water use estimate provided by client/Toyota assuming average of 40 gallons per car with up to 8,000 cars per year = Solid Waste -solid waste generation estimate provided by clienUToyota Land Use Change -urban/disturbed vegetation; no natural vegetation -ornamental landscaping only Sequestration - Energy Mitigation - Trips and VMT -Based on 1940 cy of export Architectural Coating -No interior architectural coating Road Dust -Changes pursuant to Car Wash Consumer Products -Per Car Wash Landscape Equipment -Summer landscape maintenance amount for car wash 2.0 Peak Daily Emissions Peak Daily Construction Emissions Peak Daily Construction Emissions CalEEMod Version: CalEEMod.2016.3.1 ' ROG NOX Year Phase 2018 Architectural Coating 0.0000 S 0.0000 S 2018 Building Construction 0.0000 S 0.0000 S 2018 Demolition 0.0000 S 0.0000 S 2018 Grading 0.0000 S 0.0000 S 2018 Paving 0.0000 S 0.0000 S 2018 Site Preparation 0.0000 S 0.0000 S Peak Daily Total 0.0000 S 0.0000 S Air District Threshold Exceed Significance? Peak Daily Operational Emissions Peak Daily Operational Emissions ROG NOX Operational.Activity On-Site Area 1.5400e-003 S 0.0000 S On-Site Energy 0.0000 S 0.0000 S Off-Site Mobile 0.0000 S 0.0000 S Peak Daily Total 1.5400e-003 S 0.0000 S Air District Threshold Exceed Significance? 3.0 Annual GHG Emissions Page 3 of 4 Date: 7/19/2017 11:49 AM Toyota Eco Friendly Auto Spa -San Diego County, Summary Report . -· Unmitigated Mitigated co S0 2 PM10 PM2.5 ROG NOX co S02 PM10 PM2.5 lb/day 0.0000 S 0.0000 S 0.0000 S 0.0000 S 00000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0 0000 S 0.0000 S 0.0000 S 0.0000 S 0 0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 00000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 00000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S Unmitigated Mitigated co S02 PM10 PM2.5 ROG NOX co S02 PM10 PM2.5 lb/day 0.0000 S 0.0000 S 0.0000 S 0.0000 S 1.5400e-003 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 00000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 0.0000 S 1.5400e-003 S 0.0000 S 0.0000 S 0 0000 S 0.0000 S 0.0000 S CalEEMod Version: CalEEMod.2016.3.1 Annual GHG Annual GHG GHG Activity Construction Operational - Year 2018 2020 Total Significance Threshold Exceed Significance? Page 4 of 4 Date: 7/19/2017 11:49 AM .• Toyota Eco Fri endly Auto Spa -San Diego County, Summary Report . -· Unmitigated Mitigated CO2 CH4 N2O CO2e CO2 CH4 N2O CO2e MT/yr 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 342.2440 0.0150 2.8486e-003 343.4671 342.2440 0.0150 2.8486e-003 343.4671 . ' . ' 111 Equipment :Program -Manuats Dryer System SONNY'S TunnelEqupnent ... (!/,_-. '/ _-:' /? ',, .·/ .·.· iii / , w-<~·-:. ·.~-\ (r# ' .... ,,., /,Mlli ' , ~. C , - ' .. ·~' ·, " ,~"· © SONNY'S The CarWash Factory This document Is confidential and proprietary to SONNY'S and cannot be used, disclosed or duplicated without prior written consent. Content, prices and availability subject to change without notice. OwnersManual_Dryer_System_ 16v1 SonnysDlrect.com Page 18 of 29 6.7.2016 ... . . ' n ·Equipment Program -Manuals Dryer System SONNY'S Tunnel~ _ rt /jj_((, l ~<~--·-/. ~: -~/ ; ~ /,(,d ' , .. (, ,,.,. . ~ '• , I I I l I ~--j -~ ~~ ._.,, ·-~~ © SONNY'S The CarWash Factory This document Is confidential and proprietary to SONNY'S and cannot be used, disclosed or duplicated without prior written consent. Content, prices and availability subject to change without notice. OwnersManual_Dryer _System_ 16v1 SonnysDlrect.com Page 18 of 29 6.7.2016 --------------------------- ,-Ci f ~istiad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07 /10 C =® Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00070524-993-SD2-CFU Stellar Properties, LLC 6030 Avenida Encinas, Ste 220 Carlsbad, CA 92011 ATTN: Peggy Keleher Email: pkelcher@toyotacarlsbad.com Ref: 6010 Avenida Encinas Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 6010 A VENIDA ENCINAS, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of (01}' defect, lien or encumbrance not shown or refe"ed to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrahle matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy fom,s should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Pkase read the exceprions shawn or refe"ed to herein and the exceprions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the titk insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written represenJation as to the condition of title and may not list all liens, defects and encumbrances affecting titk to the land. Chicago Title Company .,_ .... Authorized Signature CLTA Preliminary Report Form-Modified (11/17/06) Page I 0 -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: March 30, 2017 at 7:30 a.m. ORDER NO.: 00070524-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: STELLAR PROPERTIES, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (l l/17/06) Page 2 C PRELIMINARY REPORT YOUR REFERENCE: 6010AvenidaEncinas EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00070524-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW JS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND JS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1973 AS INSTRUMENT NO. 73-042619 OF OFFICIAL RECORDS. APN: 211-030-28 CLTA Preliminary Report Fonn -Modified (11/17/06) Page 3 C PRELIMINARY REPORT YOUR REFERENCE: 60 IO A venida Encinas Chicago Title Company ORDER NO.: 00070524-993-SDZ-CFU EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document: Granted To: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 16, 1973 73-291122 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 2. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No.: Specific Assignment, Subordination, Non-Disturbance and Attornment Agreement Turate, Inc. Cavallo Motorsports, LLC October 10, 2013 2013-0612400 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 3. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 6. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. CLTA Preliminary Report Form-Modified (11/17/06) Page4 C PRELIMINARY REPORT YOUR REFERENCE: 60 lO A venida Encinas EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00070524-993-SDZ-CFU PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS wmcH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS 0 PRELIMINARY REPORT YOUR REFERENCE: 6010AvenidaEncinas REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00070524-993-SDZ-CFU I. The Company will require the following docillilents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: STELLAR PROPERTIES, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, fwnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (l l/17/06) Page 6 C PRELIMINARY REPORT YOUR REFERENCE: 60 IO A venida Encinas INFORMATIONAL NOTES SECTION 0 Chicago Title Company ORDER NO.: 00070524-993-SD2-CFU 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: I st Installment: 2nd Installment: Exemption: Code Area: 211-030-28-00 2016-2017 $16,607.81 $16,607.81 None 09013 2. None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, knom1 as 6010 A venida Encinas, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this polic:y, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLTA Preliminary Report Form-Modified (11117106) Page 7 C 0 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of com,umers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such infonnation, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. 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To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Infonnation by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Infonnation and Browsing Information with nonaffiliated third parties, except as pennitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the infonnation set forth at the end of this Privacy Notice. Nevada Jaw requires that we also provide you with the following contact infonnation: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Infonnation with nonaffiliated third parties for marketing purposes, except after you have been infonned by us of such sharing and bad an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vennont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Infonnation from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Infonnation and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02 I 9 (DSI Rev. 312/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00070524-993-SD2-CFU C 0 For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • IP address. The infonnation you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (I) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. S/I/2015) Last Updated March I, 2017 MISC02l9 (DSI Rev. 3/2/17) Copyright I© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00070524-993-SD2-CFU C 0 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discowit available wider our current rate filing along with the delivery of escrow instructions, a preliminary reJX>rt or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title lnsw-ance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable pwposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insw-ance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 C ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE -.-.J The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is siruated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV C c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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 l3(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 l l(b ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV C (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b ), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not mOOify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b ), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14)CA & NV C ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(h) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), l3(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Knov.m. to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,27or28);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shov.m. in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. IO. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. IL Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV a, 0 C CB • i ii • .. t ........... -~--\.------"It • i filr @Ii Thll m•p/pl•t Ill being furnl!lhed iS_ari_lliiflri locating the here1!l "de'acnbed L•niilri "ii1atioli to adjoining strffts l'la'luial fo"Uii"ifl"i1as and othe lal'ld. and I• not a Blll\/8)' of the land deplctad Except to the extent a polk:y ofttle i'llur&l'IC8 11 elprfllly moc:Hlled b)' endorsement. If any, tt,e Company don Mt l'IStJre dimene-,ne, dlatllncea, loc:atiim ot ea•emerrta, 11c1"Mge or other m•lter9 showr1 tharec>n Order. 00070524 Page 1 af J Requested B~: Mi~hael Moore • Printed 416/2017 9:50 Jw. Doc 211-3MAPASSESSOR