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CUP 2018-0018; AT&T CARLSBAD BOYS AND GIRLS CLUB SD0509; Conditional Use Permit (CUP)
{''city 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 0 Conditional Use Permit ~ 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 Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits c..v J=> '2--<J,e "oo ,e D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □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) B 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. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 'Ll"\-JGI. 01-Ou LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE .di' (SITE IMPROVEMENTS) » '2i01 Ovt.> , .:>D FOR CITY USE ONLY Development No. )}t V 'LO I 9 -0 / h J P-1 (STREET ADDRESS) :Boys ~ C.,rt~ (J\)~ ESTIMATED COMPLETION DATE Lead Case No. Page 1 of6 Revised 03/17 ( OWNER NAME (PLEASE PRIND APPLICANT NAME (PLEASE PRIND INDIVIDUAL NAME r,rA--l l+ol~ ... ~ INDIVIDUAL NAME -r.""' \-l..t.,.·,1 ,Jv, (if applicable): (if applicable): COMPANY NAME ~07c; i ~"/ ~ C1-.1 b C,-,,h ~ COMPANY NAME {\-,~, f\o~, \;+-y (if applicable): (if applicable): MAILING ADDRESS: 27'3Q p /('. $s"i i t4,,,°' \VIYJ MAILING ADDRESS: 7 ~ 'l,, 7 TrnJc ~IT l sE,01, CITY, STATE, ZIP: CAP._L-S~ffO C~ e,z vo '"" CITY, STATE, ZIP: s~ D,~s.::> Cl\, q·z I Z \ TELEPHONE: TELEPHONE: ~s--1? 1?'&b 31 v 'I EMAIL ADDRESS: b h!2II""' ~~b~c.lv\,~l~~Tl oe jMAIL ADDRESS: .ft ..y~ .... '\) "'(o,~,cpr~.,,,_.,· i'AlutJ.- 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 ~ OWNER THAT THE APPLICANT Af3 THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS M' A HORIZED REPRESENTATIVE FOR PU~S OF THIS 'J~LIC~ TION. ->\.0 _,n I~ €--10-lg r 6 ?>o -Vi? SIGNATURE I DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): ...,-,"'-l~"", o---. MAILING ADDRESS: ?.7 tSjl ..-,, bv r->"-f\,v->- CITY, STATE, ZIP: CA-e.L~ S(v() C.fl... 92:viO TELEPHONE: ~D:> ~,~ o,q I EMAIL ADDRESS: ...,... h <--1 ; .:>n ~ck£, ,a.+-~ i ·, 1v c.. • (. v--.- 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. ~ \1 ::> o-~~)-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 T IS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND NY SU C SSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of6 RECr:IVED AUG 3 0 2018 CITY OF CA~{LSBAD DA tr~1~L9dX+rd~~ECEIVED RECEIVED BY: Revised 03/17 ... <<~ ~ CI T Y OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 Frank DePeralta Corp/Part_A_T_&_T_M_o_b_il_it..._y _____ _ Title Mgr Real Estate Administration Address 7337 Trade St, 3E.035 Title. _____________ _ Address ____________ _ 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 ____________ _ Tit I e ___________ _ Title _____________ _ Address _________ _ Address ____________ _ Page 1 of 2 Revised 07/1 O .. ( ·· . 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 8op and Girb Club Carlsbad Non Profit/Trust _________ _ Title ChiefF.xecutive Officer Address 2730 Bressi Ranch \Vav Title ____________ _ Address ------------- Carlsbad, CA 92009 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 D 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. tb..r:¥. ~ sl-ds /--1c;,_J,R.,t),/4,tbs/28/18 Signatureo1o-date • Signature of applicant/date Brad Holland, CEO Frank DePeralta Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Tim Henion Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 <<, ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) PROJECT NAME: AT&T Boys and Girls Club Carlsbad Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICANT NAME: __ A._T....,& .... T...._M .... o .... b...,il __ izy _________________ _ 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: An AT&T Mobility new wireless communication facility is proposes at the Boys and Girls Club of Carlsbad, Bressi Ranch. This facility will provide coverage to the busy shopping areas and surrounding residential and industrial areas. The site is designed to integrate with the building architecture with a single antenna enclosure on the roof of the gymnasium and ground mounted equipment behind a eight foot wall textured and colored to match the building. The facility will provide much need coverage to this area that is current lacking any capacity. This site will provide L TE 4G and upcoming SG coverage along with FirstNet, emergency services dedicated network for first responders nationwide. AT&T had submitted a application for the Bressi Ranch Pizza Port, CUP 2017-0013. Due to design restrictions from City planning and the new development of the Sprouts shopping center at the corner of Fuerte and Gateway a decision was made to withdraw CUP 2017-0013 and pursue the Boys and Girls Club location which is more centralized. P-1(8) Page 1 of 1 Revised 07/10 l Rf:tlinkPossib/e Site Description & Justification per City Council Policy No. 64 )ePratti lv Boys & Girls Club Carlsbad Bressi Ranch at 2730 Bressi Ranch Way Description of Coverage objective: AT&T seeks to expand their coverage in the commercial area of the Bressi Ranch Planned Community located at the SW intersection of Palomar Airport Road and El Fuerte and continuing south. The coverage objective of this WCF as show in the coverage exhibits is to fill a gap that currently exists in the developed commercial area along Palomar Airport Rd west to Loker Ave West north along El Fuerte and Melrose to Faraday Ave. The gap in coverage extends south down El Fuerte St to Poinsettia Ln. and east along Palomar Airport Rd. just beyond Melrose Dr. A. Site Selection: The proposed location at the Boys & Girls Club Carlsbad Bressi Ranch at 2730 Bressi Ranch Way was selected due to it being a preferred commercial zone near the new center of the coverage objective. The design conforms with the surrounding architectural features of the shopping center and the Boys and Girl Club. The antenna structure concealment will match the exterior finish of the Club and the equipment enclosure wall will blend with the existing walls Several rooftop locations were analyzed for this area. • Staybridge Suites located roughly a half mile west of the proposed location at 2735 Palomar Airport Rd was shown to be too far west of the coverage objective and signal was blocked along Melrose and down El Fuerte going south to Pacific Ridge School. AT&T Site description and justification for Carlsbad Boys & Gi rls Club SD0509 1 ~I ~ Re.JiinkPossible Site Description & Justification per City Council Policy No. 64 Boys & Girls Club Carlsbad Bressi Ranch at 2730 Bressi Ranch Way )ePratti lv • Stater Bros. Grocery Store located 500+ feet east of the proposed location in the shopping center and was contacted several times. Their management was not interested in adding a second wireless carrier to their rooftop. Verizon Wireless is located on this rooftop. =--.......--------"'"'7a,_...., • Pizza Port Bressi Ranch, CUP 2017-0013 was the previous candidate and has been withdrew. The decision to withdrawal this application was based on City staffs design requirements that would have limited the performance of this location and require a second facility in the area to meet the coverage and capacity objectives. D0509 2 Rethink Possible Site Description & Justification per City Council Po icy No. 64 Boys & Girls Club Carlsbad Bressi Ranch at 2730 Bressi Ranch Way B. AT&T existing and proposed WCF in Carlsbad: )ePratti lv A map of Carlsbad is provided showing all existing and currently proposed locations, last slide of the RF coverage maps C. AT&T's proposed WCF will provide 4G (and future SG) LTE coverage to the surrounding area for Voice, Video and Data D. AT&T facility will operate within the FCC guidelines. An EME (electro magnetic emissions) study has been complete and will be provided to the City E. Photo Simulations views have been provided with this application 2. Site locatio.n was selected because it is a preferred location per the Cities Policy No 64. 3. The proposed site in not a new monopole 4. Consideration for CUP for a WCF a. Site complies with Policy 64 Guidelines b. Height and setbacks are within county codes for WCF c. The closest residential use is 200' away across Paradise Road to the south d. The surrounding parcels mixed with Planned Commercial to the east and north, open space park to the west and R-15 residential to the south e. The surround Topography and landscape West: is commercial business, restaurant and shopping North: is commercial business, restaurant and shopping East: is open space park South: is R-15 residential f. The design takes an existing architectural element and increases the height 10' within City's Policy 64 to house the rooftop mounted antennas, the ground equipment is up against the building and will be screened by stucco wall to match the building texture and color. g. The design matches the building architecture and will be completely out of view from the surrounding views h. . The building rooftop could accommodate another wireless provider if the landlord was interested 5. AT&T agrees to a conditional use permit term of 10 years and request extensions in 5 year terms after the initial term 6. There are no existing wireless provider at this location so collocation is not an option AT&T Site description and justification for Carlsbad Boys & Girls Club 5D0509 3 Ret.hink Possible Site Description & Justification per City Council Policy No. 64 Boys & Girls Club Carlsbad Bressi Ranch at 2730 Bressi Ranch Way )ePratti lv Coverage objective shown in red is the surrounding shopping area, open space park and residential areas to the west and south AT&T Site description and justification for Carlsbad Boys & Girls Club 5D0509 4 .,, AT&T 5D0509 Carlsbad Boys and Girls Club Photo Survey Key Map 1. View of North Elevation of site. 2. View of South Elevation of site. 3. View of East Elevation of site. 4. View of West Elevation of site. -. ' ,• ,"' 5. View looking North from site. 6. View looking East from site. 7. View looking South from site. 8. View looking West from site. / 5D0509 Carlsbad Boys & Girls Club RF Coverage Maps August 2018 Slide 1: Existing lack of coverage in the Bressi Ranch shopping area Slide 2: Coverage with proposed site and surrounding network Slide 3: Stand alone coverage from the proposed site Slide 4: Predicted coverage from the Sprouts Shopping centJ-16'=~:-, Slide 5: Predicted coverage from 6021 Innovation Way Slide 6: AT&T Complete network for Carlsbad --- Existing Area coverage of the AT&T network in the Bressi Ranch shopping area This shows the lacking coverage and capacity needs for this busy commercial area Good Coverage ea Coverage Marginal to No Coverage --- Proposed coverage with S00509 Boys & Girls Club and surrounding network The proposed site will provide additional coverage and much needed capacity Good Coverage ealc Cove-1age Marginal to No Coverage ... Showing the stand alone coverage of 5D0509 Boys & Girls Club without surrounding network oo Coverage Weak Coverage Marginal to No Coverage ! I \ !:: ). 1/ ~ .I --'; .; • "t .., 'ii ? .x <.: i; ~ Predicted coverage from The new Sprouts shopping center. This shows the coverage if the site was moved north and the signal loss due to density of rooftop penthouse type extensions in close proximity as well as ---Good Coverage Weak Coverage Marginal to No Coverage h Predicted coverage shown for the new commercial building at 6021 Innovation Way. This location is too far from the coverage objective and due to topography does little to improve coverage in the shopping area ---Good Coverage Weak Coverage Marginal to No Coverage •• Future AT&T sites not yet "on-air" ,. AERIAL MAP PROPOSED CUP 2018-0018 COPYRIGHT: GOOGLE MAPS. 2019 EXISTING DCI PACIFIC ~ BOYS & GIRLS CLUB VIEW SHEET A IE IC WORKS S00509 ARCHITECTURE I ENGINEER.N(; I CONSULTING 2730 BRESSI RANCH WAY A 1 / 2 32 EXECUTM PARK I surre 110 I IRVINE I CA 92614 at&t CARLSBAD, CA 92008 T 94947S. I0OO I 949475.1001 F AERIAL MAP PROPOSED COPYRIGHT: GOOGLE MAPS. 2019 EXISTING DCI PACIFIC ~ A l E iC WORKS ARCHITECTURE I ENGINEERNG I CONSW.TING 32 EXECIJTM PARK I SUITE 110 I IRVINE I CA 92614 at&t T 949475.10001949475.1001 F CUP 2018-0018 BRICK COLUMN OVER EXISTING EXTERIOR WALL '-------'---ATT EQUIPMENT ENCLOSURE, BRICK FINISHED TO MATCH EXISTING BUILDING ...__ ___ REWORK EXISTING SHRUBS BOYS & GIRLS CLUB VIEW SD0509 2730 BRESSI RANCH WAY B CARLSBAD, CA 92008 SHEET 2/2 )' ( City of 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): 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:AT&T Mobility Address: 7337 Trade St. 3E.O35 San Diego, CA 92121 Phone Number: 503-519-8591 Address of Site: 2730 Bressi Ranch Way PROPERTY OWNER Name: Boys and Girls Club Carlsbad Address: 2730 Bressi Ranch Way Carlsbad,CA 92009 Phone Number: 760-444-4897 Local Agency (City and County): Carlsbad, San Diego County Assessor's book, page, and parcel number:_2_1_3_-_1 _9_1_-_0_1_-_0_0 ___________ _ Specify list(s):_N_A _________________________ _ Regulatory Identification Number:_N_A ____________________ _ Date of List: NA ---------------------------- ~~ Applicant Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ~'?i), ?;)\'6 (To be completed by City) ll:,E'.'J °' lo\'d .. o \ b\) Application Number(s): C,..\A? U?\ia-C0\9, General Information 1. Name of project: AT&T Boys and Girls Club Bressi Ranch 2. Name of developer or project sponsor: _A_T_&....,.T_.M ........ ob_ili_·...,ty,___ ___________ _ Address: 7337 Trade Street 3E.035 City, State, Zip Code: San Deiiio, CA 92121 Phone Number: 503-519-8591 3. Name of person to be contacted concerning this project: _T=im-=-=H=e=n=io""'n"'--------- 4. 5. 6. Address: 2707 Tiburon Ave City, State, Zip Code: _.C ... a..,r,...Js ... h...,ad,..,..,.C ... a._9..,.2...,0..,.l_o ________________ _ Phone Number: 503-519-8591 -------------------------- Address of Project: 1986 La Costa Ave. Carlsbad, CA 92009 Assessor's Parcel Number: __ 2_1_3_-_19_1_-_0_l-_o_o _______________ _ 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: Existing General Plan Land Use Designation: __ P_c _____________ _ 7. Existing zoning district: _C_F _____________________ _ 8. Existing land use(s): _______________________ _ 9. Proposed use of site (Project for which this form is filed): Wireless Communication Facility Project Description 10. Site size: __ 1_7_0_+_/-_s_q_a_u_re_fi_e_et ___________________ _ 11. Proposed Building square footage: 167 square feet open roof enclosure 12: Number of floors of construction: sin~e level pre fab buildini 13. Amount of off-street parking provided: _N_A ________________ _ 14. Associated projects: ...;;N"""A ________________________ _ P-1(0) Page 2of4 Revised 07/10 fl 1 15. If residential, include the number of units and schedule of unit sizes: _Na..-.,A ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ NA Unmanned facility 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ NA Unmanned facility 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ NA Unmanned facility 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ NA 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). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ IKl alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ IX] roads. 22. Change in pattern, scale or character of general area of project. □ IX) 23. Significant amounts of solid waste or litter. □ lxl 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ Ix] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ IN 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. □ ocl 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ K1 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ IX] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ IXI 31. Relationship to a larger project or series of projects. □ 129 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: July 31, 2018 Signature: __ ~ ___ \ _l:_~ _ ___,;=----- For: AT&T Mobility P-1(0) Page 4of 4 Revised 07/10 ~ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 J 1NSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application . Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: Boys and Gi rls Club PROJECT ID: 5D0509 ADDRESS:2730 Bressi Ranch Way, Carlsbad, CA APN: 213-119-27-00 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is: 167 ft2( 0.004 )acres The total proposed newly created and/or replaced impervious area is: 57 ft2 ( 0 • 0 0 1 ~ acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 STEP1 ' TO BE COMPLETED FOR ALL PROJECTS o' To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ 0 or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If vou answered "no" to the above question, the oroiect is a 'develooment oroiect', ao to Steo 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets ouidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ DJ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ rn If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box staling "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above auestions your oroiect is not exemot from PDP, ao to Steo 3. E-34 Page 2 of4 REV 04117 STEP3 to BE COMPLETED FOR ALL NSW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ ~ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ ~ development oroiect includes development on anv natural slope that is twentv-five oercent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ ~ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ ~ site? A street, road, highway, freeway or driveway is any paved impeNious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ ~ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADn of 100 or more vehicles per dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction? 11 , Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ rn impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statina "Mv oroiect is a 'STANDARD PROJECT' .. ." and complete aoolicant information. E-34 Page 3 of 4 REV 04/17 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statinq "Mv project is a PDP ... " and complete applicant information. STEP5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ~ My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: D.K. DO Applicant Title: ARCHITECT Applicant Signature: ~ Date: 01-17-19 .. .. • Environmentally Sens1t1ve Areas include but are not ltm1ted to all Clean Water Act Section 303(d} 1mpa1red water bodies; areas designated as Areas of Special Blologlcal Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 RECEIVE JAN 1 8 2019 C\TY OF CARLSBAD PLANNING DIVISION Page4 of4 This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: REV 04/17 Ccityof Carlsbad Project Name: Boys and Girls Club Project ID: soosos STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information DWG No. or BuildinQ Permit No.: CUP 2018-0018 Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • ''Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided . Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 □Yes □No II N/A Discussion/justification if SC-1 not implemented: construction area is relatively flat. No downslope. Silt Fence is not applicable. SC-2 Storm Drain Stenciling or Signage D Yes 0 No 11 N/A Discussion/justification if SC-2 not implemented: No proposed storm drain. No nearby Storm Drain. SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ■Yes □ No □ N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of4 Revised 09/16 Source Control Requirement (continued) Aoolled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Ill Yes □No D N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Ill Yes □No D N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Aooendix E.1 of BMP Manual for guidance). D On-site storm drain inlets □Yes □No Ill NIA D Interior floor drains and elevator shaft sump pumps D Yes □No Ill NIA □ Interior parking garages □Yes □No 111 NIA □ Need for future indoor & structural pest control □Yes □ No 111 NIA □ Landscape/Outdoor Pesticide Use □Yes □No 111 NIA D Pools, spas, ponds, decorative fountains, and other water features □Yes □No Ill NIA D Food service □ Yes □No Ill NIA □ Refuse areas D Yes □No 111 N/A □ Industrial processes □ Yes □No 111 N/A □ Outdoor storage of equipment or materials □ Yes □No 111 N/A O Vehicle and Equipment Cleaning □Yes 0 No 111 N/A D Vehicle/Equipment Repair and Maintenance □Yes □ No ■ N/A O Fuel Dispensing Areas □Yes □ No Ill N/A □ Loading Docks □Yes □No Ill N/A O Fire Sprinkler Test Water □Yes □No 111 N/A □ Miscellaneous Drain or Wash Water □ Yes □No 111 NIA □ Plazas, sidewalks, and parking lots □Yes □No 111 NIA For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09116 'n Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / Justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs {e.g ., the project site has no existing natural areas to conserve). Discussion/justification may be orovided. Site Design Requirement 1 ,, Applied? SD-1 Maintain Natural Drainaoe Pathways and Hvdrolooic Features I III Yes I D No IO NIA Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I ■ Yes I 0 No I □ N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I IIIYes I □No ID NIA Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I Ill Yes I 0 No ID NIA Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I Ill Yes I □No ID NIA Discussion/justification if SD-5 not implemented: E-36 Page 3of4 Revised 09/16 ' Site Desian Reauirement (continued} SD-6 Runoff Collection Discussion/justification if SD-6 not implemented: no runoff generated under this project. SD-7 LandscapinQ with Native or DrouQht Tolerant Species Discussion/justification if SD-7 not implemented: SD-8 HarvestinQ and Using Precipitation Discussion/justification if SD-8 not implemented: no roof proposed. E-36 RECEIVED JAN 1 8 2019 CITY OF CARLSBAD PLANNING DIVISION Page4 of4 I ADDlied? I □Yes I D No I ■ N/A I ■ Yes I 0 No ID NIA I D Yes I 0 No I III NIA Revised 09/16 (j Commonwealth Land Title Insurance Company \ . . J GUARANTEE NO.: CA-SFXFC-IMP-81 G28-1-18-09207595 CLTAGUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, COMMONWEAL TH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Commonwealth Land Title Insurance Company Countersigned: By Randy Quirk President Altost By:--------- Authorized Officer or Agent ~~chael Gr3"tlle SKretary Cl TA Guarantee Face Page (06-05-14) Page 1 © California Land Tltle Association. All rights reserved. The use of this Fonn is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. C Order No. 09207595-920-CMM-CMB Guarantee No. CA-SFXFC-IMP-81 G28-1-18-09207595 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) T8l<es or assessments of any taxing authority that levies t8J<es or assessments on real property; or, (2) proceedings by a public agency which may result in t8J<es or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the t8J<ing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1 ), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition ofTerms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to In Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to In Schedule A, nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Clalm to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that Is contrary to the assurances set forth In Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, Interpose a defense, as limlted in Paragraph 4 (b), or to do any other act which In its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. Cl TA Guarantee Exclusions and Conditions (06-05·14) C Callfornla Land lltle Association. All rights reserved. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, In the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Page2 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the C&lifomia Land Title Association. C Order No. 09207595-920-CMM-CMS information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Llablllty or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or Guarantee No. CA-SFXFC-IMP-81G28-1-18-09207595 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no Jolnder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbltrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. Ali arbitrable matters when the amount of liabHity is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severablllty In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Commonwealth Land Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Cl TA Guarantee Exclusions and Conditions (06-05-14) Page 3 © California Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C. Order No.: 09207595-920-CMM-CMS Guarantee No.: CA-SFXFC-IMP-81 G28-1-18-09207595 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 09207595-920-CMM-CMB Guarantee No.: CA-SFXFC-IMP-81G28-1-18-09207595 Date of Guarantee: July 11, 2018 at 7:30 A.M. 1. Name of Assured: DePratti, Inc. 2. The estate or interest in the Land which is covered by this Guarantee is: AFEE 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Amount of Liability: $5,000.00 Fee: $750.00 Boys & Girls Clubs of Carlsbad, a California non-profit corporation b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 81 G28 Cl TA Guarantee Form No. 28 (06-05-14) Page 4 Condition of Title Guarantee @ Callfomla Land Tltle Auocletlon. All rlghta reaerved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C Order No. 09207595-920-CMM-CMS Policy No. CA-SFXFC-IMP-81 G28-1-18-09207595 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL B AS SHOWN ON THE CERTIFICATE OF COMPLIANCE NO. ADJ 06-20, DATED JULY 2, 2007, RECORDED JULY 16, 2007 AS INSTRUMENT NO. 2007-472432 AND RE-RECORDED AUGUST 24, 2007 AS INSTRUMENT NO. 20070563781 BOTH OF OFFICIAL RECORDS, BEING A PORTION OF LOTS 4 AND 5 OF CARLSBAD TRACT CT-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF NO. 14800 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 4, NORTH 86° 52' 27" EAST 118.90 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 03° 07' 33" EAST 31.00 FEET; THENCE NORTH 86° 52' 17" EAST 165.00 FEET; THENCE SOUTH 03° 07' 33" EAST 89.18 FEET; THENCE SOUTH 50° 03' 56" EAST 61.43 FEET TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY OF BRESSI RANCH WAY WITH A VARIABLE WIDTH RIGHT-OF-WAY AS SHOWN ON SAID MAP NO. 14800, AND THE SOUTHEASTERLY LINE OF SAID LOT 5, SAID POINT ALSO BEING IN A NON-TANGENT, 330.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 50° 57' 38" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND THE ARC OF SAID CURVE, 41.86 FEET THROUGH A CENTRAL ANGLE OF 7° 16' 04" TO THE BEGINNING OF A 20.00 FOOT RADIUS, REVERSE CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58° 13' 42" EAST; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 25.99 FEET THROUGH A CENTRAL ANGLE OF 74° 26' 31" TO NORTHERLY RIGHT-OF-WAY OF PARADISE ROAD, 60.00 FEET IN WIDTH AS SHOWN ON SAID MAP NO. 14800 AND THE SOUTHERLY LINE OF SAID LOT4; THENCE TANGENT FROM SAID CURVE, NORTH 73° 47' 11" WEST 22.57 FEET TO THE BEGINNING OF A TANGENT, 240.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4 AND THE ARC OF WESTERLY LINE OF SAID LOT 4, NORTH 03° 07' 33" WEST 201.20 FEET TO THE SAID CURVE, 109.97 FEET THROUGH A CENTRAL ANGLE OF 26° 15' 11 "; THENCE TANGENT FROM SAID CURVE, SOUTH 79° 57' 38" WEST 151.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT, NORTH 03° 07' 33" WEST A DISTANCE OF 201.20 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THAT PORTION OF LOT 5, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBON SUBSTANCES BY WHATSOEVER NAME KNOW, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © Callfornla Land Title Association. All rlghta reserved. Page5 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C Order No. 09207595-920-CMM-CMB EXHIBIT A (Continued) Policy No. CA-SFXFC-IMP-81G28-1-18-09207595 OPERATE SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH OR ENTER UPON THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED RECORDED MAY 28, 2004 AS INSTRUMENT NO. 2004-0495514 OF OFFICIAL RECORDS. APN: 213-191-27-00 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © Callfomla Land Title Association. All rights reserved. Page 6 The use of this Fann is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. C Order No. 09207595-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09207595 SCHEDULE B 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 2018-2019. B. Pending assessment for the District shown below: District: Assessment District No. 2002-01 (Poinsettia Lane East) Disclosed by: Recording Date: Amended Assessment Diagram filed in Book 38, Page 91 of Assessment Maps December 9, 2004 Recording No: as Instrument No. 2004-1160408 of Official Records When the Notice of Assessment is recorded in the public records, the assessment shall become a lien on said Land. An agreement to modify the terms and provisions of the said document, as therein provided Executed by: City of Carlsbad, a municipal corporation and LNR Bressi Commercial, Inc., a California corporation Recording Date: January 21, 2005 Recording No: as Instrument No. 2005-0054587 of Official Records An agreement to modify the terms and provisions of the said document, as therein provided Executed by: City of Carlsbad, a municipal corporation and Bressi Gardenlane, LLC, a Delaware limited liability company Recording Date: January 21, 2005 Recording No: as Instrument No. 2005-0054588 of Official Records C. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D. 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. Water rights, claims or title to water, whether or not disclosed by the public records. 2. An Agreement between Lennar Bressi Ranch Venture, LLC and the City of Carlsbad for the payment of a public utilities fee for inside the boundaries of Community Facilities District No. 1 Recording Date: December 11, 1998 Recording No.: as Instrument No. 1998-0806517 of Official Records 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee C Callfomla Land Title Alaoclatlon. All rights reearved. Page7 The use of this Form is restricted to CL TA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C Order No. 09207595-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09207595 SCHEDULE B (Continued) 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 11 , 1999 Recording No: as Instrument No. 1999-0085754 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 4. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement and Covenants Running with the Land February 9, 1999 Lennar Bressi Ranch Venture, LLC, a California limited liability company and General American Life Insurance Company, a Missouri corporation February 18, 1999 as Instrument No. 1999-0098738 of Official Records Reference is hereby made to said document for full particulars. 5. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage Not set out Lennar Bressi Ranch Venture, LLC and the City of Carlsbad June 26, 2003 as Instrument No. 2003-0760170 of Official Records Reference is hereby made to said document for full particulars. 6. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Geological Failure Not set out Lennar Bressi Ranch Venture, LLC, a California limited liability company and the City of Carlsbad June 26, 2003 as Instrument No. 2003-0760171 of Official Records Reference is hereby made to said document for full particulars. 81 G28 CL TA Guarantee Form No. 28 (06-05-14) Page a Condition of Title Guarantee ~ Callfomla Land Tltle Asaoclatlon. All rlghte reeervecl. The use of this Fonn is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennlssion from the California Land Title Association. C Order No. 09207595-920-CMM-CMB Policy No. CA-SFXFC-IMP-81 G28-1-18-09207595 SCHEDULE B (Continued) 7. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Geological Failure Not set out Lennar Bressi Ranch Venture, LLC, a California limited liability company and the City of Carlsbad June 26, 2003 as Instrument No. 2003-0760173 of Official Records Reference is hereby made to said document for full particulars. 8. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Paradise Road and Gardenlane Way 9. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 28, 2004 Recording No: as Instrument No. 2004-0495513 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 14, 2006 Recording No: as Instrument No. 2006-0498374 of Official Records 81G28 CL TA Guarantee Form No. 28 (06-05-14) Page 9 Condition of Title Guarantee © Callfomla Land Title Association. All rights reserved. The use of this Fonn is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land TIiie Association. c: Order No. 09207595-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09207595 SCHEDULE B (Continued) 11. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 30, 2007 Recording No: as Instrument No. 2007-0743551 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 12. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 29, 2007 Recording No: as Instrument No. 2007-0743552 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 13. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 30, 2007 Recording No: as Instrument No. 2007-0743553 of Official Records 14. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Option Agreement and Escrow Instructions Not set out Boys & Girls Clubs of Carlsbad, a California non-profit corporation and Bressi Gardenlane, LLC, a Delaware limited liability company November 30, 2007 as Instrument No. 2007-0743554 of Official Records Reference is hereby made to said document for full particulars. 81G28 CLTA Guarantee Form No. 28 (06-05-14) Page 10 Condition of Title Guarantee @ Callfomla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c: Order No. 09207595-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09207595 SCHEDULE B (Continued) 15. Hold Harmless Agreement Drainage Recording Date: June 20, 2008 Recording No.: as Instrument No. 2008-0333998 of Official Records 16. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Permanent Stormwater Quality Best Management Practice Maintenance Agreement Not set out Boys and Girls Club of Carlsbad, a California corporation and the City of Carlsbad, California, a municipal corporation June 20, 2008 as Instrument No. 2008-0333999 of Official Records Reference is hereby made to said document for full particulars. 17. 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: Carlsbad Municipal Water District, a public agency construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities and all natural and artificial drainage ditches and structures of any kind January 13, 2009 as Instrument No. 2009-0015710 of Official Records said land more particularly described therein 18. 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. 81 G28 CL TA Guarantee Form No. 28 (06-05• 14) Page 11 Condition of Title Guarantee c, Callfomla Land Tltle Association. All rights reserved. The use of this Form is restricted to CL TA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ) NYGAARD ST {AST~IA DR) ( I onier: be207l!ee F'lgt2ol'4 Reque.-cf~: Ke'lin Mcahee', P111i!ICI: 7/20J20ie'-a:ile PM o«: 213'-111, MAP-ASSeSSOR 7