HomeMy WebLinkAboutCUP 2018-0017; TESLA - SALES AND SERVICE CENTER; Conditional Use Permit (CUP)r· (._ Citv of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
-Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit
[j) Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Minor
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
(FOR DEPT USE ONLY) Legislative Permits
C-JPZ.Ol t-
00\1
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
D Amendment
D Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
•SAME DAY APPOINTMENTS ARE NOT AVAILABLE
221-881-17-00, 221-881-18-00
3248 LIONSHEAD AVENUE
(STREET ADDRESS)
TESLA -SALES CENTER
Development of a Tesla automotive electric vehicle sales center
$2,000,000 ESTIMATED COMPLETION DATE December 2018
Development No. t)E,J"Z,,<) \ S.., 00"1'\ Lead Case No.
P-1 Page 1 of 6 Revised 03/17
C
OWNER NA.ME (PLEASE PRINl)
INDIVIDUAL NAME
(if applicable): ATTN: BEN BADIEE
COMPANY NAME
(if applicable): CARLSBAD INDUSTRIAL PARK, L.P.
MAILING ADDRESS 1261 PROSPECT STREET, STE 9
CITY, STATE, ZIP LA JOLLA, CA 92037
TELEPHONE 760-500-9591
EMAIL ADDRESS BEN@BADIEEDEVELOPMENT.COM
•
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME ATTN: DIANA TRAN (if applicable):
COMPANY NAME TESLA (if applicable):
MAILING ADDRESS: 901 PAGE
CITY, STATE, ZIP: FREMONT, CA 94538
TELEPHONE: 510-602-0028
EMAIL ADDRESS: DIANTRAN@TESLA.COM
I CERTIFY THAT I AM THE LEGAL ~EPRESENTATtVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE
04/06/2018 '
SIGNATURE DATE
' I APPLICANT'S REP ESENTATIVE (Print) BILL HOFMAN -HOFMAN PLANNING AND ENGIN~ERING
' MAILING ADDRESS 3152 UONSHEAD AVENUE
CITY, STATE. ZIP: CARLSBAD, CA 92010
TELEPHONE: 760-692-4012
EMAIL ADDRESS: BHOFMAN@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
KNOWLEDGE '{ I
--"P',_11/,___1---=--B-
oATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CtTY STAFF, PLANNING
COMMISSIONERS OR Cll"Y 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 REST~T!N: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON JAE Tl, E TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE ~N_D ~N_cr·stN~,.~-/Y ~~o~s IN INTEREST,
~--. ... , ! /. /.~·t ., A ~}f/1d~ . t'i PROPERT¥~~1NER IGNATURE
FOR CITY USE ONLY/ .
l/
I
P-1 Page 2 of 6
AUG 21 2018
CITY OF CAKLSB.A.D
DATE sr'.6.MP~ieM-1€'.>~R€~1VED
RECEIVED BY:
I 7Ct\-
Revised 03117
r (city of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Applicant's statement or disclosure of certain ownership' friterests ori a·11appfications 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 (NIA) 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 Diana Tran Corp/Part_T_E_S_L_A _________ _
Title Design Manager Title --------------
Address 901 Page Fremont, CA 94538 Address 901 PAGE, FREMONT, CA 94538
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-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 Carlsbad Industrial Park L.P.
Title ------------Title ______________ _
Address __________ _ Address 1261 PROSPECT ST, STE 9
LA JOLLA, CA 92037
Page 1 of 2 Revised 07110
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 Profilfrrust _________ _
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 !XJ No If yes, please indicate person(s) __________ _
NOTE: Attach additional sheets if necessary
I certify that all t~>abov~ information is true and correct to the best of my knowledge
,•,,_.r '
Print or type name of owner/applicant's agent
~()4
Signature of applicant/date
TESLA
,•.·~r\"',Q i:'..IJ I <..J
Print or type name of applicant
P-1(A) Page 2 of 2 Revised 07110
{'cityof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: TESLA SALES CENTER
APPLICANT NAME: TESLA I HOFMAN PLANNING AND ENGINEERING
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:
Application for a CUP for a proposed Tesla sales center at 3248 Lionshead Avenue Carlsbad, CA 92010
(APNs: 221-881-17 and 221-881-18). The project is also located within the Carlsbad Raceway Specific
Plan area. Tesla produces electric vehicles that solely use electric and no gasoline; it is not a hybrid. The
sales center will built from an existing 1-story space and will share the structure with a previously
proposed Tesla service center. The sales center will contain a vehicle showroom used primarily for the
display and sale of Tesla automobiles, energy products and related parts, accessories, and merchandise.
Display vehicles are dedicated to the showroom area. The space may also be used for administration
and general office support, marketing, and charitable events and other such goods.
AUG 21 2018
CITY Or CAKL::: 'I' f)
PLANNING Dl\/1-.:,,"'~:N
(city of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
AUG 21 2018 Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
CITY OF CJ:R~S:::AD
?:...;s~~:RI.J!:l5!Jal'}t.JQ~ate 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):
[ii The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name:TESLA
Address: 901 PAGE
FREMONT, CA 94538
Phone Number: 510-602-0028
PROPERTY OWNER
Name: Carlsbad Industrial Park LP.
Add 1261 PROSPECT ST, STE 9 ress: _________ _
LA JOLLA, CA 92037
Phone Number: 760-500-9591
Address of Site: 3248 LIONSHEAD AVENUE
Local Agency (City and County): CARLSBAD, SAN DIEGO COUNTY
Assessor's book, page, and parcel number: 221-881-17-00, 221-881-18-00
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Applicant Signature/Date Pro~ wner Signatu e
I f I J
t/ (,,/ : /!'/ I
The Hazardous Waste and Substances Sites List (Cortese List) is u:led by the State, local
agencies and devefopers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1\C} P;ige I of 2
f
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: <;:-/ ~I / I'{ (To be completed by City)
Application Number(s): Cuf ~tJl<i:-00 / '7
General Information
1. Name of project: TESLA-SALES CENTER
2. Name of developer or project sponsor: _T_E_S_LA ______________ _
3.
Address: 901 PAGE
City, State, Zip Code: FREMONT, CA
Phone Number: 510-602-0028
Name of person to be contacted concerning this project: _B_I_L_L_H_O_F_M_A_N _____ _
Address: 3152 LIONSHEAD AVE
City, State, Zip Code: CARLSBAD, CA 92010
Phone Number: 760-692-4012
4_ Address of Project: 3248 LIONSHEAD AVENUE
Assessor's Parcel Number: 221-881-17-00, 221-881-18-00
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
6. Existing General Plan Land Use Designation: _P_I _____________ _
7. P-M Existing zoning district: _____________________ _
8. Existing land use(s): ______________________ _
9. Proposed use of site (Project for which this form is filed): ___________ _
TESLA ELECTRIC VEHICLE SALES CENTER
Project Description
10. Site size: _3_._?_4_a_c_re_S _____________________ _
11. Proposed Building square footage: _5_5_,_5_7_3_s_f _____________ _
12: Number offloors of construction: __________________ _
13. Amount of off-street parking provided: ________________ _
14. Associated projects: _P_R_E_2_0_18_-_0_0_0_7_{D_E_V_2_0_18_-_0_0_3_1 _) _-T_E_S_LA ___ _
P-1(D) Page 2 of 4 Revised 07/10
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:
ELECTRIC VEHICLE SALES, CITY/REGIONALLY-ORIENTED,
3,955 square feet, loading facilities to remain the same as those
found in current structure
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: __________________ _
N/A
P-1(0) Page 3 of 4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ [Z]
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or □ [Z]
roads.
22. Change in pattern, scale or character of general area of project. □ [Z]
23. Significant amounts of solid waste or litter. □ [Z]
24. Change in dust, ash, smoke, fumes or odors in vicinity. □ [Z]
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ [Z]
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. □ [Z]
27. Site on filled land or on slope of 10 percent or more. □ [Z]
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ [Z]
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, □ [Z]
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ [Z]
31. Relationship to a larger project or series of projects. □ [Z]
Environmental Setting
Attach sheets that include a response to the following questions:
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: 04/06/2018 S. ,,,C\:-,;~ 04/06/2018 1gnature: ---~::.......-----~_,_ ________ _
For:
P-1(D) Page 4 of 4 Revised 07/10
Ccityof
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
-Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or whether all requirements are necessary for your particular
application) please call (76~02-4610.
· 04/06/2018 Applicant Signature:
Staff Signature: ~~
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
' ,.A ' . City of Carlsbad Climate Action Plan Consistency Checklist
Contact Information
Project No./Name:
Property
Address/APN: 32 '-f 'I Litw\4.>h~J
Applicant Name/Co.:
Contact Phone:
Was a consultant retained to complete t his checklist?
Consultant Name:
Company Name:
Project Information
1. What is the size of the project (acres)?
2. Identify all applicable proposed land uses:
D Residential (indicate It of one-and two-family units):
D Residential (indicate It of multi-family units):
[i!"'c:ommercial (indicate total square footage):
D Hotel (indicate# of rooms):
D Industrial (indicate total square footage):
D Other (describe):
3. Provide a brief description of the project proposed:
~c\sW .e.A jlb\O ·. 21.\-~l-1'1-oo n 1-<a1-lf•'t • j 7
\.._
Contact Email:
~s □No
Contact Phone:
If Yes, complete the following
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P-30 Page 3 of 13 Revised 02/17
• j City of Carlsbad Climate Action Plan Consistency Checklist
CAP CONSISTENCY CHECKLIST QUESTIONS
STEP 1: LAND USE CONSISTENCY
The first step in this section evaluates a project's GHG emissions consistent with guidance provided by
the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to
CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide
equivalent (MTC02e) would not contribute considerably to cumulative climate change impacts as stated
in the CAP, and therefore, do not need to demonstrate consistency with the CAP.
For projects that are subject to the CAP consistency evaluation, the first step in determining CAP
consistency for discretionary development is to assess the project's consistency with the growth
projections used in the development of the CAP. This section allows the city to determine a project's
consistency with the land use assumptions used in the CAP.
17/" -.; • · • ·. --,-, • · -, I . , l I . , , , . , '· ' · -· · c~
I~ ~ -~I, .:.. .. , . J ~; ' l I ' 11 J ' • 'I ' \ I , I l, ' ( • . . , J
Checklist Item
(Check the appropriate box and provide explanation and supporting documentation for your answer)
1. The size and type of projects listed below would emit fewer than 900 MTCCne per year. Based on this threshold,
does the proposed project equal or exceed these characteristics?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: For project types not listed in this section, including changes in use of, or enlargement of an
existing building that results in a net increase in GHG emissions, the need for GHG analysis and
mitigation will be made on a project-specific basis, considering the 900 MTCCne screening threshold.
If "Yes", proceed to Question 2.
Yes No
□
If "No", in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the
CAP.
2. Is the proposed project consistent with the existing General Plan land use and zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG-
intensive project when compared to the existing designations?
□ □
If "Yes", proceed to Step 2 of the Checklist. For the second option under question 2 above, provide estimated project emissions under both existing
and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency
with the Climate Action Plan.
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis
in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed
and complete a project-specific GHG analysis and Step 2 of the Checklist.
P-30 Page 4 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP MEASURES CONSISTENCY
The second step of the CAP consistency review is to review and evaluate a project's consistency with
the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve
permits that may require a certificate of occupancy from the Build ing Official. 1 All other development
projects that would not require a certificate of occupancy from the Building Official shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Checklist Item
(Check the appropriate box and provide explanation for your answer)
Residential, Commercial and Industrial Photovoltaic Systems
1. Residential Photovoltaic Systems
Does the project include photovoltaic systems with a minimum average system
size of 1.6 kilowatts2 for each residential unit?
Check "NIA" only if the project does not contain any residential buildings.
2. Commercial and Industrial Photovoltaic Systems
For new nonresidential projects with more than 50 cars surface parked or on
roofs of parking structures, would the project include photovoltaic panels over at
least half of the surface/roofi)arked cars to achieve a minimum system size
equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of
project's expected annual electricity use)?
OR
Would the project provide equivalent energy generation onsite through rooftop
photovoltaic panels or other means?
Check "NIA" only if the project does not contain any non-residential buildings or provides
50 or fewer parking spaces.
Efficient Lighting Standards
3. LED Lighting and Other Energy Efficient Lamps
Would at least 75 percent of the luminaires provided by the project be
comprised of LED or other similarly efficient lighting?
Solar Water HeaterlHeat Pump Installation
4. Solar Water Heating
• Residential Units: Does the project include a solar water heating system
capable of producing 2,300 kWhlyear or 112 therms/year of total energy
required for water heating?
• Commercial Projects: Does the project include a solar water heating
system capable of producing at least 50 percent of total energy required
for water heating?
Restaurants of 8,000 square feet or greater with a service water heater
rated 75,000 Btu/h or greater: Does the project include installation of a
Yes No NIA
I
□ □ □
□ □ □
•
□ □ □
□ □ □
1 Actions that are not subject to Step 2 would include, for example: 1) discretionary map actions that do not propose specific development: 2) permits
allowing wireless communication facilities: 3) special events permits: 4) conditional use permits that do not result in the use intensification or
expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result in
new occupancy buildings from which GHG emissions reductions could be achieved. the items contained in Step 2 would not be applicable.
2 System size rated as Direct Current (DC) under Standard Test Conditions (STC).
P-30 Page 5 of 13 Revised 02/17
City of Ca rlsbad Climate Action Plan Consistency Checklist
ri",,-lt-•""~·1 ,-·,1,,-,_~,'l'~·,•-,'.,,.~l, \''r·• 11 ·,,'·~•-!· /•,·✓1•1•.:',,~·.' ,'•.· ·•~rr-\i~•'t.,6.''1' f __ .., 0 If • \ ' f 1 I I j ,II' ,I J • ...: \i , ... ._ ..-i • f_t!..... J--.-1'1"•~·---""'~-----.:::;--'°-.A'li.~ ,:i. ..... :'} · •• A .. .,...;;,...,._J..J.:,~. ✓-_. -L~~-Jliil:,•."L..:lli;·-•.1i
Checklist Item
(Check the appropriate box and provide explanation for your answer)
solar water-heating system with a minimum solar saving fraction of 0.15
consistent with non-residential voluntary standards of the California
Green Building Standards Code?3
Exceptions to this measure include:
1. Buildings with a natural gas service water heater with a minimum of 95
percent thermal efficiency.
2. Buildings where greater than 75 percent of the total roof area has annual
solar access that is less than 70 percent. Solar access is the ratio of solar
insolation including shade to the solar insolation without shade. Shading
from obstructions located on the roof or any other part of the building shall
not be included in the determination of annual solar access.
In lieu of solar water heaters, the project may propose to include heat pump water
heaters to reduce the water heating load by 50 percent.
Check "NIA" if the project does not contain any residential or non-residential buildings.
Transportation Demand Management
5. Transportation Demand Management
For non-residential projects with more than 50 employees, would the project
include a transportation demand management (TDM) plan reviewed and
approved by the City of Carlsbad Transportation Division (see Attachment A,
Transportation Demand Management Plan template)?
Check "NIA" if the project is a residential project or if it would not accommodate more
than 50 employees.
Increased Zero-Emissions Vehicle (ZEV) Travel
6. Zero-Emission Vehicle Infrastructure
• One-and two-familt dwellings and townhouses with attached Qrivate
garages: Would the required parking serving each new dwelling be 'EV
Ready"4 to allow for the future installation of electric vehicle supply
equipment to provide an electric vehicle charging station for use by the
resident?
• Multi-Familt Projects of fewer than 17 dwelling units: Would a minimum of
one parking space be "EV Ready" to allow for the future installation of
electric vehicle supply equipment to provide electric vehicle charging
stations at such time as it is needed for use by residents?
• Multi-Familt Projects of 17 or more dwelling units: Would five percent of
the total parking spaces required, or a minimum of two spaces, whichever
is greater, be 'EV Capable"5 to allow for the future installation of electric
vehicle supply equipment to provide electric vehicle charging stations at
such time as it is needed for use by residents? Of the total "EV Capable"
spaces provided, would 50 percent of them, or a minimum of one.
Yes No NIA
□ □ □
I
□ □ □
J Btu/h=British thermal unit per hour: solar saving fraction defined as the amount of energy provided by solar technology d1v1ded by the total energy
required.
4 "EV Ready" means a parking space that is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical
service panel or sub-panel and 40 ampere minimum overcurrent protection device. and terminates into a cabinet, box or enclosure. in a manner
approved by the building official.
s "EV Capable" means a parking space that has a cabinet. box or enclosure connected to a conduit linking the parking space to the electrical service
panel in a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric
vehicles with or without a load management system.
P-30 Page 6 of 13 Revised 02/17
City of Carlsbad Climate Action Pl an Consistency Checklist
Checklist Item Yes No NIA (Check the appropriate box and provide explanation for your answer)
whichever is greater, have the necessary electric vehicle supply equipment
to provide active charging stations ready for use by residents and guests?
• Non-residential projects: Would six percent of the total pari<ing spaces
required, or a minimum of one space, whichever is greater, be "EV
Capable" to allow for the future installation of electric vehicle supply
equipment to provide electric vehicle charging stations at such time as it is
needed for use by future occupants? Of the total 'EV Capable" spaces
provided, would 50 percent of them, or a minimum of one, whichever is
greater, have the necessary electric vehicle supply equipment to provide
active charging stations ready for use by customers and employees?
Water Utilities System Improvements
7. For one-and two-family residential projects, does the project include:
• Waste piping to permit the discharge of greywater to be used for outdoor
irrigation in compliance with Section 1502 of the California Plumbing □ □ □ Code?6
Check "NIA" if the project does not include residential buildings.
6 Pursuant to Health and Safety Code Section 17922.12. greywater means untreated wastewater that has not been contaminated by any toilet
discharge. has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by
unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to. wastewater from bathtubs, showers, bathroom
washbasins. clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
P-30 Page 7 of 13 Revised 02/17
C
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TOM) Plan
Commercial Buildings V 1.2
{city of
Carlsbad
Effective Date of Architect/Developer TOM Plan: _______ _
PHASE I: ARCHITECT/DEVELOPER
SECTION I: GENERAL INFORMATION
· Developer:
-------------------
Architect/[)eveloper: ..
Primary Contact:
--a •••--------------
Mailing Address:
---------------------
Phone:
. Email:
r --------
SECTION II: PROJECT INFORMATION
Project Address:
SECTION III: CAP ALIGNMENT
Climate Action Plan Measure K: Promote Transportation Demand Management
SECTION IV: FACILITIES
Describe how you have incorporated the following Facility Standards into the design of
your project plans. Include the number of amenities within each category as well as a site
map. Please list at least one item from each of the six categories.
1) Bike Parking Requirements
D Secure Bicycle Parking D Bikes available for employees D End-of-trip facilities such as showers and changing rooms with lockers
Updated 10/6/2016 8
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
2) Pedestrian Facilities
D Pedestrian Access to the Public Sidewalk
{city of
Carlsbad
D Direct Routes from Public Sidewalk to Each Building in the Project
3) Transit Facilities
D Convenient Access to Transit
4) Vehicle Facilities
D Preferential Parking for Carpools and Vanpools
D Convenient Drop-off for Carpools and Vanpools Onsite
5) Facilities: On-Site Amenities
0 Cafe or Full Service Cafe
D Kitchen capable of providing catering
D Conference Center/Meeting Rooms D Conference Communication Equipment D Wellness Center/Gym
D Athletic Facilities
D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient
services
Updated 10/6/2016 9
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
6) Additional (Optional) Programs and Services:
{city of
Carlsbad
D Mobility Hub Services (transportation options, shuttle, bus service, etc.)
D EV Infrastructure D Parking Management Plan
SECTION V: AUTHORIZATION
Printed Name Si&nature Date
Name a_n d. ~ig11atu re. of Cityof Cl!l'_l~l>~d R.epresentative:
Printed Name Date
Updated 10/6/2016 10
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
Effective Date of TDM Plan:
PHASE II: COMPANY TOM PROGRAM
SECTION I: GENERAL INFORMATION
. Com_p~_r~y:
Property Manager/
Human Resources
l\i1an~g_~r: __ _ __ _
Primary Contact:
Mailing_Address: ____ , __ _
Phone:
Email:
SECTION II: PROJECT INFORMATION
Project Address:
SECTION III: CAP ALIGNMENT
{city of
Carlsbad
--------
Climate Action Plan Measure K: Promote Transportation Demand Management
SECTION IV: PROGRAMS
The following Programs 1-7 must be implemented within one year of project completion.
Please list at least one item from each of the six categories.
Updated 10/6/2016 11
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
{city of
Carlsbad
1) Completion of Annual Survey:
D Agree to conduct a TOM survey or an iCommute survey annually.
2) Designated On-site Transportation Coordinator:
D Agree to designate an on-site transportation coordinator to be the point of contact with
the City, regarding transportation demand management facilities and programs.
This person shall serve as the on-site coordinator.
3) Information Board or Kiosk:
D Information Board or Kiosk in Prominent Location for Residents, with resources on
all modes of transportation.
4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program:
D On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program D Information about transit services to your location
5) Participation in Guaranteed Ride Home or similar program
D Agree to participate in a Guaranteed Ride Home Program when a personal emergency
situation arises for tenant who uses an alternative commute mode to get to work
( or from work to home).
Updated 10/6/2016 12
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
6) Rideshare Services
D Rideshare matching services, subsidies or pre-tax donation D Vanpool Services
D Car Sharing Services
D Assistance in Finding Commute Alternatives
7) Additional (Optional) Programs and Services:
D Telecommute Program D Flexible work hours or compressed work week
D Parking Management Plan
D Other On-Site Amenities
SECTION V: AUTHORIZATION
{city of
Carlsbad
Name and Signature of Designated Property Management or Human Resources
~J!~~~ Contact: ___ __ ______ _ __ _ ____________ __ __
• Printed Name _ Signature
,----~------·-·---· --------------------------t------------···-------------·· ---------
Printed Name ___ ~-Signature __ _
Name and S!g_nature. of City of Carlsbad Repi:esentative: .....
------------
Printed Name __ 1 _Signature _ • Date
Updated 10/6/2016 13
■ Hofman Planning & Engineering
Planning Civil Engineering Fiscal Services Coastal
August 20, 2018
TO:
From:
Subject:
City of Carlsbad Staff
Bill Hofman
Tesla Sale Center Conditional Use Permit -Traffic Calculations
The proposed Tesla Sale Center was reviewed with the BRIEF GUIDE OF VEHICULAR
TRAFFIC GENERATION RATES FOR THE SAN DIEGO REGION, prepared by SanDAG
(see attached). This table provides for generation rate calculation for an automobile service
center to be based on number of service bays being provided. The rate is 50 ADT per 1,000 sf of
floor area. The Tesla Sale Center will have a total of 3,955 sf of showroom/sales area where
sales models may be viewed. This would generate 197.75 ADT for the project which is less than
the threshold for preparing a traffic analysis.
REC~l\fE:l
AUG 21 2018
C\TY OF CARLSBAD
PLANNING DIVISION
Site Photos:
South West
AUG 21 2018
CITY OF CARLSE t D
PU:.NN !f\..:::: :), J . ..., . ...,,, •
North West
North East
South East
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Order ~er: NCS-900304-5D
Page Number: 1
First American Title Insurance Company
National Commercial Services
April 10, 2018
John Couvillion
Badiee Development Inc.
1261 Prospect Street, Suite #9
La Jolla, CA 92037
Phone: (888)815-8886
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
3248 Lionshead
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@flrstam.com
Vacant/3248 Uonshead Avenue, Carlsbad, CA
PREUMINARY 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 litle Insurance desaiblng the land and the estate or inrerest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encLn1brance not shown or referred to as
an ExceptlOn below or not exduded from coverage pursuant to the printed Sclledules, COnditiOnS and Stipulations of said Polley forms.
The printed Exceptions and Exdusions from the coverage and Li'nitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued f11ilY contain iJfl arfJl~tion drJuse. ~ the Afnour,t of ll15Uf611Ce is less rhim th.Jt set forth in the
i1rlJltralion dttuse, dlJ lltbitrilble rnt1tters sha(/ be lltbitrated et the opt;o,, of either the Comp1111y or the Insured llS the exdusive remedy of the
parties. Limitations on Covered Risks applicable to the a. TA and ALTA Homeowner's Policies of ntle 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 fonns 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 exdusions set forth in Exh 1bit A of this
report carefully. The excepllons and exduslons are meant to provide you with notice of matters which ■re not ciovered
under the tenns of the title IMUrance policy and should be carefully considered.
It is Important to note that this preliminary report Is not a written representation as to the c;ondltlon of title and imay not
11st all liens, defects, and enQlmbranas affecting title to the land.
Rrst AmeriCiJn 77tfe Insurance Company
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Order N.:lr: NCS-90030'!-SD
Page Number: 2
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. lf it is desired that liabMity be assumed prior to the issuance of a poliey of title insurance, a
Binder or Commitment should be requested.
First American Title Insurance Company
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Dated as of April 03, 2018 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
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Orcler ~r: NCS-900304-SD
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
lltle to said estate or interest at the date hereof is vested in:
Carlsbad Industrial Park, LP, a Delaware limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee as to Parcel A, an easement as to Parcel B
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 Exdusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. 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 (Notice of Annexation) recorded March 14, 2003 as Instrument No. 2003-
0289329 of Official Records.
3. 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. 3, as disclosed by Notice of
Special Tax Lien recorded November 17, 2005 as Instrument No. 2005-0998003 of Official
Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
5. The terms and provisions contained in the document entitled "Road Maintenance Agreement"
recorded February 16, 1982 as Instrument No. 82-041594 of Official Records.
6. An easement for sewer lines, appurtenances and incidental purposes, recorded October 02, 1986
as Instrument No. 86-441919 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
First American 77tle Insurance Company
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Page Number: 4
7. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 11, 2004 as Instrument No. 2004-0109894 of Official Records.
8. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation
Corridor(s) Case No: er 98-10" recorded February 11, 2004 as Instrument No. 2004-0109898 of
Official Records.
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded May 27, 2004 as Instrument No. 2004-0494021 of Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded May 27, 2004 as Instrument No. 2004-0494124 of Official Records.
11. An easement for pipes and sewer pipe lines, mains, manholes, sewer lateral pipes and pipe lines,
and all structures incidental thereto and incidental purposes, recorded December 9, 2004 as
Instrument No. 2004-1160412 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
12. An easement for non-exclusive sewer access easement and incidental purposes,
recorded December 9, 2004 as Instrument No. 2004-1160413 of Official Records.
In Favor of: The City of Vista
Affects: As described therein
13. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded January 21, 2005 as Instrument No. 2005-0054704 of Official Records.
14. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded January 21, 2005 as Instrument No. 2005-0054705 of Official
Records.
15. Abutter's rights of ingress and egress to or from Uonshead Avenue, except at access openings
have been dedicated or relinquished on the map of Map No. 15013 Carlsbad Tract No. 98-10
carlsbad Raceway of Tract Maps recorded May 03, 2005.
16. An easement shown or dedicated on the map filed or recorded May 03, 2005 as Map No. 15013
Carlsbad Tract No. 98-10 Carlsbad Raceway of Tract Maps.
For: Sight distance corridor, storm drain (access) and incidental
pUrlX)SeS.
17. The terms and provisions contained in the document entitled "Waiver and Consent to Creation of
a Community Facility District and Agreement to Pay Fair Share Cost of er 98-10" recorded May 3,
2005 as Instrument No. 2005-0371021 of Official Records.
The terms and provisions contained in the document entitled "Amendment No. 1 to Waiver and
Consent to Creation of the Community Facilities District {CT 98-10)" recorded November 4, 2005
as Instrument No. 2005-0964620 of Official Records.
Rrst American Title Insurance Company
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Order ~r: NCS-900304-SD
Page Number: 5
18. An easement for public utilities and incidental purposes, recorded August 29, 2005 as Instrument
No. 2005-0741198 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
As described therein
19. Covenants, conditions, restrictions and easements in the document recorded October 24, 2005
as Instrument No. 2005-0917104 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 September 12, 2006 as Instrument No.
2006-0647230 of Official Records.
20. The terms and provisions contained in the document entitled "Construction Entry Permit"
recorded March 14, 2006 as Instrument No. 2006-0175672 of Official Records.
21. The terms, provisions and easement(s) contained in the document entitled ''Telecommunications
Facilities and Easement Agreement" recorded April 20, 2006 as Instrument No. 2006-0275939 of
Official Records.
22. Easements, Covenants and Conditions contained in the deed from Fenton Raceway LLC, a
California limited liability company, as Grantor, to Opus West Corporation, a Minnesota
corporation, as Grantee, recorded July 07, 2006 as Instrument No. 2006-0481185 of Official
Records. Reference being made to the document for full particulars.
23. Covenants, conditions, restrictions and easements in the document recorded August 23, 2006
as Instrument No. 2006-0601506 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, lfmltation 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.
24. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded July 25, 2016 as Instrument No. 2016-0370555 of Official Records.
25. The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded September 02, 2016 as Instrument
No. 2016-0460156 of Official Records.
26. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded September 02, 2016 as Instrument No. 2016-0460157 of Official Records.
First American Tltle Insurance Company
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Page Number: 6
27. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded September 02, 2016 as Instrument No. 2016-0460158 of Official
Records.
28. The terms and provisions contained in the document entitled "Encroachment Permit and
Maintenance and Removal Agreement'' recorded September 08, 2016 as Instrument No. 2016-
0469700 of Official Records.
29. A deed of trust to secure an original indebtedness of $6,605,000.00 recorded October 10,
2016 as Instrument No. 2016-0541807 of Official Records.
Dated: September 29, 2016
Trustor:
Trustee:
Beneficiary:
Carlsbad Industrial Park, LP, a Delaware limited partnership
Commonwealth Land Title Company
Pacific Premier Bank
The above deed of trust states that it is a construction deed of trust.
A document entitled "Assignment of Rents" recorded October 10, 2016 as Instrument No. 2016-
0541808 of Official Records, as additional security for the payment of the indebtedness secured
by the deed of trust.
The terms and provisions contained in the document entitled "Hazardous Substances Certificate
and Indemnity Agreement" recorded October 10, 2016 as Instrument No. 2016-0541809 of
Official Records.
30. A financing statement recorded October 10, 2016 as Instrument No. 2016-0541810 of Official
Records.
Debtor:
Secured party:
Carlsbad Industrial Park, LP
Pacific Premier Bank
31. An easement for public water and incidental purposes, recorded October 25, 2016 as Instrument
No. 2016-0574617 of Official Records.
In Favor of:
Affects:
Carlsbad Municipal Water District, a public agency organized
under the Municipal Water act of 1911, and a subsidiary district
of the Qty of Carlsbad, its successors and assigns
as described therein
32. An easement for sewer lines, appurtenances and access and incidental purposes, recorded March
02, 2017 as Instrument No. 2017-0098681 of Official Records.
In Favor of: Toe City of Vista, a Chartered Municipal Corporation
Affects: as described therein
33. Any statutory lien for labor or materials arising by reason of a work of improvement now in
progress or recently completed.
34. Water rights, claims or title to water, whether or not shown by the public records.
35. Rights of parties in possession.
First American Title Insurance Company
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'--'-" ~ C Order ~: NCS-900304-5D
Page Number: 7
INFORMATIONAL NOTES
ALERT -CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your
dosing.
1. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $9,418.11, PAID
Second Installment: $9,418.11, PAID
Tax Rate Area: 09022
APN: 221-881-18-00
(Portion of Community Facilities District induded)
Affects a portion of said land.
2. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $11,299.14, PAID
Second Installment: $11,299.14, PAID
Tax Rate Area: 09202
APN: 221-881-17-00
(Portion of Community Facilities District included)
Affects a portion of said land.
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 October 10, 2016 as Instrument No. 2016-0541806 of Official Records.
From: carlsbad Industrial Park, LP, a Delaware limited partnership, who
acquired title as cartsbad Industrial Park, LP., a Delaware limited
partnership
To: Carlsbad Industrial Park, LP, a Delaware limited partnership
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.
Rrst American Title Insurance Company
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Page Number: 8
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.
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 califomia.
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 cantomia.
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. WITl-1 RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
califomia 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 callfornia limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (U.C-2), or restatement of
articles of organization (LLC-10) to be recorded In the public records;
First American Title Insurance Company
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3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC·S)
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;
(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 reviver and a certificate of relief from contract voidabllity 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 of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Title Insurance Company
LEGAL DESCRIPTION
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Order N~: NCS-900304-SD
Page Number: 10
Real property in the City of carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 16 OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE cm OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FINAL SUBDMSION MAP NO.
15013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, ON MAY 3, 2005.
PARCEL B:
AN EASEMENT FOR SIGN AREAS, STREET LANDSCAPING AREAS, INSPECTION AND
ENFORCEMENT AND RE-ENTRY DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING
COVENANTS, CONDmONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON
RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. 2005-0917104 OF OFFICIAL
RECORDS.
APN: 221-881-17-00 (Affects a portion of the land) and 221-881-18-00 (Affects a portion of the
land)
Rrst American Title Insurance Company
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C
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OrderN~er:NCS-900304-50
Page Number: 11
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.
Appllcability
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 responslbly 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
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Order N~: NCS-900304-5D
Page Number: 12
CLTA/ALTA HOMEOWNER'S POUCY OF TITLE 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 ExckJSion 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 Exdusion
does not lirnlt 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 reairded 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 Polley 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 TIie.
6. Lack of a right:
{a) to any land outside the area spedfically descrif>ed and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not Hmlt the coverage described in covered Risk 11 or 21.
7. The transfer r:I 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 Qedyctjbk Ampynt
Covered Risk 16: 1 % of POiicy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of POiicy Amount or $2,500.00 (whichever is less)
our Maximum QoHar Limit of UablHty
$10,000.00
$25,000.00
$25,000.00
$5,000.00
Al TA RESIDENTIAL TITLE INSURANa POUCY (6-1-87)
l!XCLUSJONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expen5es resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This indudes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(t>) improvements on the land
( c) and division
( d) environmental protection
This exdusion 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 Tltle Risks.
2. The right to take the land by condemning it, un~:
(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 Tltfe Insurance Company
C r-, .. ,
3. Title Risks:
(a) ttiat are created, allowed, or agreed to by you
Order N:::lr: NCS-900304-SD
Page Number: 13
(bl 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 nrst affett your title after the Polley Date --this does not limit the labor and material lien coverage in Item 8 of Covered Tltle 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
Th Is exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POUCY (Ofi.17·06)
EXCWSIONS 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 (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 s.
b. Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion 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 InsLXed daimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or aeated 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 ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy w~I also indude the following Exceptions frCJTI Coveraoe:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the C~any will not pay costs, attorneys' fees or expenses) that arise by reason of:
First Ametican Title Insurance Company
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"""' Order N~: NCS-900304-50
Page Number: 14
1. (a) Taxes or assessments that are not shown as exiSting liens bV the records of any taxing authority that le\lies 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 bv 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 ex
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or darns thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be diSdosed bV an accurate
and complete land survey of the land and not shown by the Publie Records.
5. (a) Unpatented mining daims; (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 serviees, labor or material not shown by the public records.
2006 AlTA OWNER'S POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
T11e following matters are expressly exduded from the coverage of this poliey, and the Company will not pay loss or dilTlage, 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) restricti'lg, 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 subdivi!iion of land; or
iv. environmental protection;
or the effect of anv violation of these laws, ordinances, or governmental regulations. This ExdusiOn 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 Exdusion 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 daimant;
b. not Known to tf1e Company, not recorded in the Public Records at Date of Policy, but known to the Insured Oaimant and not
disclosed in writing to the C.Ompany by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvencv, or similar creditors' rights laws, that the transactiOn
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. ln addition to the aboYe Exdusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the folowlng Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This pollcy does not insure against loss or damage (and the Company wtn not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or ~ts 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; (I>) 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 Reoords.
2. Any facts, rights, interests, or daims that are not shown by the Public Records but that oould be ascertained by an inspection of the Land or
that may be asserted by persons In pos.,eSSion of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.
5.
6.
Ally encroachment, encumbrance, viOlation, variation, or adverse circumstance affecting the Tltle that would be disclosed by an acwrate
and complete land survey of the Land and not shown by the Public Records.
(a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authoriling the issuance thereof; (c) water rights, claims
or title to w.rter, whether or not the matt~ excepted under (a), (b), or (c) are shown by the Public Records.
Any lien or right to a lien for services, labor or material not shown by the public records.
Rrst American Title Insurance Company
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Order N~r: NCS-900304-5D
Page Number: 15
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this poliey, 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 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 Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13{d), 14 or 16.
2. Rights of eminent domain. This Exdusion 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 Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
s. Invalkllty or unenforceability in whoie 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 consL111er credit protection or trutlHn-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Arry 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 Exdusion does not modify or limit the coverage provided in Covered Risk 11.
7. Arry lien on the Tttle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exdusion does not modify or limit the coverage provided in Covered Risk ll(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 bt.ilding codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Arry daim, 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 fraudiJent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Rrst American T7tle Insurance Company