HomeMy WebLinkAboutCUP 2019-0006; BOB BAKER AUTO GROUP VEHICLE STORAGE AND REPAIR; 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 Pennlts
D Coastal Development Permit OMinor
IX) Conditional Use Permit
1K] Minor O Extension
0 Day Care (Large)
D Environmental Impact Assessment
0 Habitat Man~gament Permit D Minor
0 HIiiside Development Permit □Minor
0 Nonconforming Construction Permit
D Planned Development Permit O Minor
0 Residential D Non-Residential
0 Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan O Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance 0 Minor
(FOR DEPT. USE ONLY) Legislative Permits
~uf
tot 9 'd0 o ~
D General Plan Amendment
0 Local Coastal Program Amendment
D Master Plan
0 Specific Plan
0 Zone Change
□Amendment
□Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area e,rm1ts
0 Review Permit
D Administrative D Minor O Major
VIiiage Review Are• Permits
0 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} 802·2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S}:
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT; .
PROJECT VALUE
"SAME DAY APPOINTMENTS ARE NOT AVAILABLE
213-061-28
2065 Camino Vida Roble
(STREET ADDRESS)
Bob Balcer Auto Group Vehicle Repair and Storage
Vehicle storage yardi vehicle repair in existing building; drive-in, back -"out car wash
(SITE IMPROVEMENTS} ...:,:$.=.10::...:0::.LO,o=--=oc.=.o ____ _
ESTIMATED COMPLETION DATE Oct. 2019
FOR CITY USE ONLY
Development No. bl?V 'UJ I j -{) V 1 0 Lead Case No.
P-1 Page 1 of6 Revised 03/17
OWNERNAME
INDIVIDUAL NAME
(If applicable):
COMPANY NAME
(PLEASE PRINT)
(If applicable): City of Carlsbad
MAILING ADDRESS: _1=2 ... 00__..C __ ar._ls .... b __ ad __ V...__.illa __ g,.._e __ D __ r __ . __ _
CITY, STATE, ZIP: Carlsbad. CA 92008
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMA RRECT TO THE BEST OF MY
KNOWLED OWNER THAT THE APPLICANT AS
SET FO ORIZED REPRESENTATIVE FOR
PURP
DATE I I
APPLICANT NAME (PLEASE PRINT)
INDMDUAL NAME
(If appDcable): Chris Baker
COMPANY NAME
(If appllcable): Bob Baker Auto Group
MAILING ADDRESS: ____ 5 __ 36 __ 5 __ Car _____ c __ o __ un ___ try.,._..D __ r __ . ----
CITY, STATE, ZIP: Carlsbad. CA 92008
TELEPHONE: 760-431-3050
EMAIL ADDRESS: chrisbaker@bobbakerautomotive.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
---
Paul T. Klukas; PLANNING SYSTEMS
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
1530 Earadaf Ave,. Suite I oo
Carlsbad, CA 92008
760-931-0780 x104
pklukas@planningsystems.net
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMA ON IS TRUE AND CORRECT TO THE BEST OF MY
KNOW E. / i IVZ/Vl ') Yv\.-'If' ~'1
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 CONS NT TO ENTRY FOR THIS PURPOSE.
: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
=:.---.-r....._TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
CCESSORS IN INTEREST.
t!!!E::.==f;"!i:tf.~..fl-._~~-J..J~:..Lµ~~~~~t.Ael{~~D ~ 8; ( ""(E_ /lo\Ai-1¥ 2-
P-1 Page 2of6
C\ 1 Y 1,)1 l,./;t,L~b1,1J
! -;L/\h) !--; I[\! C, r) 1 \/l~~1U[\I
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
PLANNING I
SYSTEMS _
LAND USE/COASTAL PLANNING
LANDSCAPE ARCIIlTECTURE • LA3900
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
TRANSMITTAL LETTER
To: City of Carlsbad Date: _ __._ _____________ _ 4/16/19
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
From: Eddie Nava
Planning Systems
1530 Faraday Ave. #100
Carlsbad, CA 92008
Via: Hand Delivery
Project: BOB BAKER AUTO GROUP AUTO REPAIR & STORAGE -
MINOR CUP APPLICATION
Description:
cc:
(5) Five Sets of plans (Site Plan, Floor Plan & Elevations)
(1) Complete Land Use Review Application Form
(1) Environmental Impact Assessment Form
( 1) Climate Action Plan Checklist
( 1) Disclosure Statement
(2) Two copies of the Preliminary Title Report
(2) Two Copies of Storm Water Standards Questionnaire
(1) Project Description/Explanation
(1) Notice of Time Limits on Discretionary Applications
(1) Hazardous Waste and Substance Statement
(1) Set of Photographs of property (including photo key map)
(1) Check for application fees ($823.00)
(1) Noticing Package (300' Radius Map, Owners List & Labels)
Chris Sexton
Paul Klukas
R.t=cr.:tVED
APR 1 8 2019
CITY 01--;:~.;\i<cLSBAD
PLAN\\lti·~C:, DIVISION
1530 FARADAY AVENUE• SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net
(Cifyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
De11elopment Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership Interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submlttat Your project
cannot be reviewed until this Information is completed. Please print. .
Note:
Person is defined as "Any Individual, firm, co-partnership, jointventure, 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 & persons having a
'financial interest in the application. If the applicant includes a corporation or partnership.
incJude 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 Chci siapliec Bra,kec Corp/Part Ba.leer ,Culchy , L LC
Title /ltaocd<liny m erol,ec Title ____________ _
Address 5'365: Ccq,r {oo .... fr•1 De Address Ca.1./4hw-i CA 12,oo/ ' ;
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 a.1-p( OF Cf\i?U KM
Title __________ _ Title _____________ _
Address. _________ _ Address 12 {){) ~~A-1) VI LLAl1f 1:lZ. I
~s~+D, C.A 1YP~
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any persof'! identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust,_ _____ _ Non Profit/Trust..__ _______ _
Title __________ _ Title ____________ _
Address ----------Address ------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12)
months?
D Yes ~ No If yes, please Indicate person(s):. __________ _
NOTE: Attach additional sheets If necessary.
ove information is true and correct to the best of my knowledge.
tver8 Jf'lU~, (lePrt,, Gs1A-1l MNJtrt,fil-
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent ift{ppticable/date
P-1(A) Page2of2 Revised 07/10
Ccicyof
Carlsbad
PROJECT DESCRIPTION
P-1{8)
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
PROJECT NAME: Bob Baker Auto Group Vehicle Repair and Storage
APPLICANT NAME: Bob Baker Auto Group
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:
The proposed project involves the re-striping of an existing parking lot area to
accommodate the storage of vehicles.
The installation of a drive-in/back-out car wash on the east side of the existing building. An
existing wall adjacent to the proposed car wash will be extended to 14 feet in height to
screen the car wash from view and to help dissipate the noise. Additionally, a new 14 foot'
high wall will be constructed parallel to the car wash on the east side to accommodate the
utilities needed for the car wash as well as to provide screening and help dissipate noise.
A shade structure will be constructed over the proposed car wash area which will also
provide additional screening.
Finally, minor modifications to the interior of the existing building to accommodate auto
repair equipment.
P-1(8) Page 1 of 1 Revised 07/10
Ccicyof
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 Wa$te and Substances Sites List .complied by the Callfornla Environmental
Protection Agency and hereby certify th~t (check one):
Iii The development project and any alternatives proposed In this application are not contained on the
lists complied pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed In this application D contained on the lists
complied pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Chris Baker
Address: 5365 Car Country Dr.
Carlsbad, CA 92008
Phone Number: 760-431-3050
Address of Site: 2065 Camino Vida Roble
PROPERTY OWNER
Name: City of Carlsbad
Address: 1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Phone Number: ]fob· 1't.$tt '28ll.
Local Agency (City and County):._C_a_r_ls_b_a_d_,_C_A ____________ ..,;._ __
Assessor's book, page, and parcel number: Book 213, Page 06 -APN#213-061-28-00
Speclfylist(s):. ________________________ _
Regulatory Identification Number:, ___________________ _
Dateofllst:, _______________ ~-----11-------
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 of2 Revised 02/13
Per the California Environmental Protection Agency's website, 'While Government Code
Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list,"
many changes have occurred related to web-based information access since [the amended
statute's effective date in] 1992 and this information is now largely available on the Internet sites
of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred
directly to the appropriate information resources contained on the Internet web sites of the
boards or departments that are referenced In the statute."
Below is a list of agencies that maintain information regarding hazardous waste and substances
sites.
Department of Toxic Substances Control
www.calepa.ca.gov/sitecleanup/CorteseList/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http:/lgeotracker.waterboards.ca.qov/
County of San Diego
Department of Environmental Health Services
www.co.san-dieqo.ea.us/deh
Hazardous Materials Division
www.sdcountv.ca.gov/deh/hazmat/hazmat permits.html
Mailing Address:
County of San Diego Department of Environmental Health
P.O. Box 129261
San Diego, CA 92112-9261
Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax)
Environmental Protection Agency
National Priorities Sites ("Superfund" or "CERCLIS")
www.epa.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of2
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): CUP 2019-0006
General Information
1. Name of project: Bob Baker Auto Group Repair and Storage
2. Name of developer or project sponsor: Bob Baker Auto Group
Address: 5365 Car Country Drive
City, State, Zip Code: Carlsbad, CA 92008
Phone Number: 760-431-3050
3. Name of person to be contacted concerning this project: _P_a_u_l J_. _K_lu_k_a_s _____ _
Address: 1530 Faraday Avenue #100
City, State, Zip Code: Carlsbad, CA 92008
Phone Number: 760-931-0780 ext. 110
4. Address of Project: 2065 Camino Vida Roble
Assessor's Parcel Number: 213-061-28 ---------------------
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:
N/A
6. Existing General Plan Land Use Designation: _P_I _____________ _
7. Existing zoning district: _P_-_M ____________________ _
8. Existing land use(s): Vacant building and parking lot
9. Proposed use of site (Project for which this form is filed): Vehicle storage yard;
vehicle repair in existing building; hand car wash and detail
Project Description
10. Site size: _3_._0_8_a_c_re_s _____________________ _
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: _N_/_A _________________ _
Number of floors of construction: _N_/_A _________________ _
Amount of off-street parking provided: _2_4_e_x_i_st_i n_g_s_p_a_ce_s_p_l u_s_ve_h_i_c_le_st_o_ra_g_e_a_re_a_s_
Associated projects: _N_/_A _____________________ _
Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _N_/ A ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities:
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
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: ____________________ _
Minor CUP for vehicle repair and storage
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 D 0
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D 0
roads.
22. Change in pattern, scale or character of general area of project. D 0
23. Significant amounts of solid waste or litter. D 0
24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. 0 D
27. Site on filled land or on slope of 10 percent or more. D 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 D
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0
31. Relationship to a larger project or series of projects. D 0
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: '1 I 'I, 'l, (t I/ Signature 6 {;l.,VVl ') <;,v,..---,
For: P 1,A N Nlti" S'Y57f 611\£
~,Cf\/1' hfi,... ~B &~fl WT' GfUUP
P-1(D) Page 4 of 4 Revised 07/10
Attachment to EIA Form
26. Substantial change in existing noise or vibration levels in the vicinity.
The proposed project consists of the conversion of an existing building into a new auto
repair shop with services center, detailing bay and hand car wash.
The City of Carlsbad Noise Element to the General Plan provides noise standards for
non-transportation noise sources such as vehicle repair and detailing equipment. Thus a
noise study was prepared and is being submitted. The noise study concludes that with
the currently anticipated on-site equipment and proposed project design, noise levels
generated by the project are expected to comply with the noise limits of the City of
Carlsbad at surrounding receivers. No mitigation is required.
28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or
explosives.
Vehicle repair will be performed on site inside the existing building. This will include the
changing of oil and other petroleum-based products and solvents in vehicles. The old oil
will be temporarily stored in an enclosure area on the east side of the existing building
and periodically disposed of by following the appropriate hazardous materials disposal
procedures.
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.
The 3.08 acre property is located south and west of the corner of Camino Vida Roble
and Las Palmas Drive in Carlsbad and is currently developed with a single-story 5,429
square foot industrial building, plus a paved and unpaved parking field, driveways and is
surrounded by landscaped slopes. The existing building has a maximum height of 22
feet.
The site is topographically flat, except for the existing landscaped slopes which surround
the flat-graded site.
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.
Offsite property to the east is owned by the City of Carlsbad and developed with an
industrial office building.
North of the subject property, across Camino Vida Roble, is an existing drainage
channel which runs adjacent to Camino Vida Roble. There is natural vegetation within
the drainage channel as well as ornamental planting directly adjacent to the meandering
sidewalk along Camino Vida Roble. North of the drainage channel and up a slope is an
existing industrial building development owned by SFI Carlsbad LLC.
West of the subject property is an open space lot owned and managed by the Palomar
Oaks Business Center Association. A drainage channel runs within this open space
property and is naturally vegetated.
South of the subject property is an open space lot owned and managed by the Poinsettia
Heights Homeowners Association. This open space area is naturally vegetated.
Ccicyof
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 (760) 602-4610.
Applicant Signature: ~ ____.,
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Re111Hd 07110
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
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. Projects found not
to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP
screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-
specific analysis of GHG emissions' impact on the environment in accordance with the requirements of
the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures
applied as a condition of project approval in addition to compliance with the CAP ordinance requirements
identified in Step 2 of this checklist.
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning
designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an
equivalent or less GHG~ntensive project when compared to the existing designations?
Yes No
□
If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under
both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to
Demonstrating Consistency with the Climate Action Plan.
If "No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO20/year for new development projects to assist in
determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to
correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less
than any one of the following?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling untts
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions
analysis to determine whether it is below the 900 MTC028/year screening threshold.
If "Yes", proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed
GHG emissions reduction program in accordance with the City of Carlsbad 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 applicable
measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in
accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be
required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Se~-developed GHG
emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of this checklist will document a project's compliance with CAP ordinances, and in turn,
demonstrate consistency with the applicable measures and actions of the CAP. The compliance
requirements in this Step 2 apply to development projects that require a building permit. All other
development projects shall implement all emissions-related mitigation measures from the General Plan
Update EIR.
Project No./Name: Bob Baker Auto Group Vehicle Repair and Storage
Property Address/APN: 2065 Camino Vida Roble -APN# 213-061-28
Applicant Name/Co.: Bob Baker Auto Group
Applicant Address: 5365 Car Country Dr. -Carlsbad, CA 92008
Contact Phone: 760-431 -3050 Contact Email: chrisbaker@bobbakerautomotive.com
Contact information of person completing this checklist (if different than above):
Name: Paul J. Klukas Contact Phone: 760-931 -0780 ext. 104
Company name/address: Planning Systems Contact Email: pklukas@planningsystems.net
1530 Faraday Ave. #100 -Carlsbad, CA 92008
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your
project. If your project includes alterations or additions to an existing building, please contact the Carlsbad
Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at
building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ _1_0_0_,_0_0_0 ___ _
D Residential
D New construction I 2A, 3A and 4A
D Alterations:
D BPV ~ $60,000 1A All residential alterations
D BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages
D Electrical service panel upgrade 4A only
Multi-family dwellings only where interior finishes are removed
D BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and
mechanical, electrical, and/or plumbing systems are proposed
I IX] Nonresidential
D New construction 11B, 2B, 3B, 4B and 5
00 Alterations:
P-30 Page 3 of 7 Revised 04/19
I
City of Carlsbad Climate Action Plan Consistency Checklist
□ BPV 2!: $200,000 or additions 2!: 1,000 1B, 5 square feet
□ BPV 2!: $1,000,000 1B, 2B and 5 Building alterations of 2!: 75% existing gross floor area
□ 2!: 2,000 sq. ft. new roof addition 2B and 5 1 B also applies if BPV 2!: $200,000
1. Energy Efficiency
Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information when completing this
section.
A D Residential addition or alteration ~ $60,000 building permit valuation.
See Ord. CS-347, Section 8.
Year Built Single-family Requirements
□ Before 1978 Select one:
□ Duct sealinQ □ Attic insulation □ Cool roof
□ 1978 and later Select one:
□ Lighting package □ Water heating package
□ Between 1978 and 1990
□ 1991 and later
□ NIA _________ _
□ Exception: Home energy score ~ 7
(attach certification)
Multi.family Requirements
□ Attic insulation
Select one:
□ Attic insulation □ Duct Sealing □ Cool roof
Select one:
□ Lighting package □ Water heating package
B. D Nonresidential* new construction or alterations ~ $200,000 building permit valuation,
or additions~ 1,000 square feel ~ NIA. _________ _
See CALGreen Appendix AS, Discussion AS.2, as amended in CS-347, Section 3.
AS.203.1.1.1
□ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended} □ NIA
AS.203.1.2.1
Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ NIA
AS.211 .1.**
□ On-site renewable energy □ NIA
AS.211 .3**
□ Green power (if offered by local utility provider, 50% minimum renewable sources) □ NIA
AS.212.1
□ Elevators and escalators □ NIA
AS.213.1
□ Steel framing □ NIA
P-30 Page 4 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
* lndudes hotels/motels and high-rise residential buildings
** For alterations~ $1 ,000,000 BPV and affecting > 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comp~
with California Energy Code section 120.10 instead.
2. Photovoltaic Systems
A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section
150.1(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad
ordinance CS-348, increase system size by .3kWdc if PV offset option is selected.
Floor Plan ID (use additional CFA #d.u. Calculated kWdc*
sheets if necessary)
Total System Size:
kWdc = (CFAx.572) / 1,000 + (1 .15 x #d.u .)
*Formu la calculation where CFA = conditional floor area, #du= number of dwellings per plan type
If proposed system size is less than calculated size, please explain.
Exception
□
□
□
□
kWdc
B. D Nonresidential new construction or alterations .!:$1,000,000 BPV and affecting .!:75% existing floor area, or addition that increases roof
area by .!:2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section.
Choose one of the following methods:
□ Gross Floor Area (GFA) Method
GFA:
□If< 10,000s.f. Enter: 5 kWdc
Min. System Size:
□ If~ 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) **
___ kWdc
**Round building size factor to nearest tenth , and round system size to nearest whole number.
□ Time-Dependent Valuation Method
Annual TDV Energy use:*** _____ _ x .80= Min . system size: ____ _ kWdc
***Attach calculation documentation using modeling software approved by the California Energy Commission.
P-30 Page 5 of 7 Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
I 3. Water Heating
A D Residential and hotel/motel new construction
Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section.
□ For systems serving individual dwelling units choose one:
□ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise
residential only)
□ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10
(for high rise residential hotel/motel) or 150.1 ( c) 14 (for low-rise residential)
□ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification
□ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors
□ Exception:
□ For systems serving multiple dwelling units, install a central water-heating system with all of the following :
□ Gas or propane water heating system
□ Recirculation system per CS-347 (high-rise residential , hotel/motel) or CS-348 (low-rise residential)
□ Solar water heating system that is either:
□ .60 solar savings fraction or 40 s.f. so lar collectors
□ .40 solar savings fraction , plus drain water heat recovery
□ Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-347 when completing this section.
□ Water heating system derives at least 40% of its energy from one of the following (attach documentation):
□ Solar-thermal □ Photovoltaics □ Recovered energy
□ Water heating system is (choose one):
□ Heat pump water heater
□ Electric resistance water heater(s)
□ Solar water heating system with .40 solar savings fraction
□ Exception:
I 4. Electric Vehicle Char in
A. D Residential New construction and major alterations*
Please refer to Carlsbad Ordinance CS-349 when completing this section.
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE ready parking space required □ Exception :
-□Multifamily residential· □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable I Ready I
I I
Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces-EVSE Installed
(EVSE other may be "Capable," "Ready" or "Installed.")
P-30 Page 6 of 7
Installed Total
Revised 04/19
City of Carlsbad Climate Action Plan Consistency Checklist
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ~
$60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a
building permit valuation ~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical,
and/or plumbing systems are proposed.
B D Nonresidential new construction (includes hotels/motels) □ Exception ·
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation: Refer to the table below:
Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed
Spaces
□ 0-9 1 1
□ 10-25 2 1
□ 26-50 4 2
□ 51-75 6 3
□ 76-100 9 5
□ 101 -150 12 6
□ 151-200 17 9
□ 201 and over 10 percent of total 50 percent of Required EV
Spaces
5. D Transportation Demand Management (TDM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
B. Employee ADT /1,000 square feet is selected from the City of Carlsbad Employee ADT Table.
Use GFA Employee ADT/1 ,000 S.F. Total Employee ADT
Vehicle Storage & Repair (P-I) 5,437 SF* 10 employees maxim um 10 employees maximum
*Existin g building Total 10 em~lol'.ees maximum
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds
vehicle traffic to vehicle L08-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of
Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes □ No 00
LOE Staff Verification: □. _____ (staff initials)
P-30 Page 7 of 7 Revised 04/19
..
TITLE
SNAPSHOT
GRADE
A
What does this grade mean?
A = No title curative issues
8 = Issues to pay or clear
C = Liens to clear
D = Title curative issues
REO transactions only:
E = REO curative issues
R = IRS curative issues
Prepared On
March 25, 2019
File Number
385438
Loan Number
Property Address
2065 Camino Vida Roble
Carlsbad, CA 92011
Questions
stewart title
8880 Rio San Diego Dr, Suite 1100, San Diego, CA 92108
Main: (619) 564-5600 I Direct: (619) 564-5642 I Fax: (833) 839-7044
Title is Vested in
* City of Carlsbad, a municipal corporation
Issues to Pay or Clear at Closing
Issue
* No Open Deed of Trust
Description
We find no open Deeds of Trust or Mortgages of record.
Please verify whether or not we have overlooked
something or confirm property is free and clear. We will be
unable to provide a "Clear-To-Close" until this investigation
is complete.
Liens to Clear/Potential Failure of Title
Issue Description
For questions regarding this Title
Snapshot, please contact: The Title Snapshot is intended for informational purposes only. It is not intended as a guaranty,
affirmation, indemnification, or certification of any fact, insurance coverage or conclusion of law
to any insured or party to a transaction. No liability for reliance thereon is inferred, implied or
expressed.
Marie Castillo/LeeAnn Hoyle
(619) 564-5642
tu42@stewart.com
File No.: 385438 Page 1 of 1
stewart title
Real partners. Real possibilities."'
Order No.: 385438
Your File No.:
Buyer/Borrower Name: T B D
Marie Castillo/LeeAnn Hoyle Stewart Title of California, Inc.
Title Officer 8880 Rio San Diego Drive, Sutie 1100
San Diego, CA 92108
PRELIMINARY REPORT
Phone: (619) 564-5642
Fax: (833) 839-7044
tu42@stewart.com
Seller Name: City Of Carlsbad
Property Address: 2065 Camino Vida Roble, Carlsbad, CA 92011
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California,
Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart
Title Guaranty Company Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage
pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy
or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain
coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available
from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters, which are not covered under the terms of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating
the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested.
!Dated as of March 18, 2019 at 8:00AM
When replying, please contact: Marie Castillo/LeeAnn Hoyle, Title Officer
Order No.: 385438
Preliminary Report
Page 1 of 7
Stewart Title of California, Inc.
8880 Rio San Diego Drive, Sutie 1100
San Diego, CA 92108
(619) 564-5642
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
~ CL TA Standard Coverage Policy
□ CL TA/ALTA Homeowners Policy
□ 2006 ALT A Owner's Policy
~ 2006 ALT A Loan Policy
□ ALT A Short Form Residential Loan Policy
□
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
FEE
Title to said estate or interest at the date hereof is vested in:
City of Carlsbad, a municipal corporation
Order No.: 385438
Preliminary Report
Page 2 of 7
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad and described as follows:
Lot 4 of Carlsbad Tract No. 80-33, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof no. 10061, recorded in the Office of the Recorder of San Diego County on April
15, 1981, as Instrument No. 81-115129 of Official Records.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded December 5, 2000
as Instrument No. 2000-0661439 and recorded July 16, 2003 as Instrument No. 2003-848484 of Official
Records.
APN: 213-061-28-00
(End of Legal Description)
MAP
THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR
INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE,
THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR
BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS
OF OR ACCURACY OF THE MAP.
Order No.: 385438
Preliminary Report
Page 3 of 7
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy or policies would be as follows:
Taxes:
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 2019 -2020.
B. General and special city and/or county taxes, bonds or assessments which may become due on
said land, if an when title to said land is not longer vested in a government or quasi-
governmental agency. Tax parcel(s) for said land are currently shown as City of Carlsbad, a
municipal corporation (213-061-28-00).
C. Taxes and/or assessments affecting the land, if any, for Community Facility Districts including
Mello Roos Districts which may exist by virtue of assessment maps or notices filed by said
districts. Said taxes and/or assessments are typically collected with the County taxes; however,
some districts may remove these taxes and/or assessment from the County taxes and assess
and collect them separately.
D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
Exceptions:
1. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in
favor of the San Diego Gas and Electric Company as set forth in a document recorded April 15,
1954, in Book 5205, Page 416 of Official Records, affects a portion of the herein described land.
2. An easement for Buena Vista Sanitation District and rights incidental thereto in favor of Buena
Vista Sanitation District as set forth in a document recorded January 5, 1965 as Instrument No.
1288 and September 21, 1965 as Instrument No. 171355, both of Official Records, affects The
route thereof affects a portion of said land and is more fully described in said document.
3. Covenants, Conditions, and Restrictions as set forth in an instrument, but omitting, except to the
extent permitted by any applicable federal or state law, covenants or restrictions, if any, based
on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital
status, ancestry, source of income, disability, medical condition, or other unlawful
basis.Recorded October 1, 1974, as Instrument No. 74-263897 of Official Records.
Note: Section 12956.1 of the Government Code provides the following: If this document
contains any restrictions based on race, color, religion, sex, sexual orientation, familial status,
marital status, disability, national origin, source of income as defined in subdivision (p) of
Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is
void, and may be removed pursuant to Section 12956.2 of the 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.
The provisions of said covenants, conditions and restrictions were extended to include the
herein described land by instrument recorded December 31, 1974, as Instrument No. 74-
337587, of Official Records.
Order No.: 385438
Preliminary Report
Page 4 of 7
Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded
June 1, 1977 as Instrument No. 212678; June 27, 1977 as Instrument No. 77-252978; June 27,
1977 as Instrument No. 77-252979, all of Official Records.
4. An easement for public utilities, appurtenances, ingress, egress and rights incidental thereto in
favor of the San Diego Gas and Electric Company as set forth in a document recorded February
11, 1982, as Instrument No. 82-038312 of Official Records, affects a portion of the herein
described land.
5. An easement for parking purposes and rights incidental thereto in favor of City of Carlsbad as
set forth in a document recorded January 22, 1987 as Instrument No. 87-034153, of Official
Records, affects The route thereof affects a portion of said land and is more fully described in
said document.
6. A document entitled "Hold Harmless Agreement Drainage", recorded February 16, 1989 as file
no. 89-83327 of Official Records.
7. A document entitled "Right of way Use Agreement", recorded April 11, 1989 as file no. 89-
187691 of Official Records.
8. An easement for a water line and fire hydrant easement and rights incidental thereto in favor of
City of Carlsbad as set forth in a document recorded August 3, 1989 as Instrument No. 89-
412383 of Official Records, affects The route thereof affects a portion of said land and is more
fully described in said document..
9. A document entitled "Notice of Restriction on Real Property", recorded March 13, 2009 as file
no. 2009-0126700 of Official Records.
10. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this
Company or by inquiry of the parties in possession thereof.
11. Rights of tenants in possession of said land by reason of unrecorded leases. Kindly forward
said lease, or a current certified tenant rent roll.
12. Rights of parties in possession.
13. This Company will require the following documents, in order to insure a conveyance or
encumbrance by the corporation or unincorporated association named below:
Entity: City of Carlsbad, a municipal corporation
(a) A copy of the corporation By-Laws or Articles.
(b) An original or certified copy of the Resolution authorizing the subject transaction.
(c) If the Articles or By-Laws require approval by a "parent" organization, we will also require a
copy of those By-Laws or Articles.
(d) If an unincorporated association, a statement pursuant to applicable law.
(End of Exceptions)
Order No.: 385438
Preliminary Report
Page 5 of 7
NOTES AND REQUIREMENTS
A. NOTE: For Information Purposes Only, Vesting on Schedule A per Document No. 2010-0409111.
B. There are no conveyances affecting said land, recorded with the County Recorder within 24
months of the date of this report.
C. If an Owners Policy will be requested, please be aware that unless instructed otherwise, we will
issue a CL TA Standard Coverage Owners Policy. If a different form of policy is contemplated for
this transaction, please advise and contact your title officer for additional requirements.
D. The Company is not aware of any matters which would cause it to decline to attach CL TA
Endorsement 100 and 116, indicating that there is located on said land a Vacant known as 2065
Camino Vida Roble, Carlsbad, CA 92011, to an extended coverage policy.
Order No.: 385438
Preliminary Report
Page 6 of 7
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds
by title companies. The law requires that funds be deposited in the title company escrow account and
available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire
transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a
California Bank may be disbursed on the next business day after the day of deposit. If funds are received
by any other means, recording and/or disbursement may be delayed, and you should contact your title or
escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in
one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title of
California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the
financial institution, and Stewart Title of California, Inc. shall have no obligation to account to the
depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart
Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of
California, Inc. for its services in connection with the escrow or sub-escrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all
principals and/or their respective agents of such nonpayment.
Order No.: 385438
Preliminary Report
Page 7 of 7
Order No.: 385438
Escrow No.: 385438
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad
and described as follows:
Lot 4 of Carlsbad Tract No. 80-33, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof no. 10061, recorded in the Office of the Recorder of San Diego County on April
15, 1981, as Instrument No. 81-115129 of Official Records.
Excepting therefrom that portion conveyed to the City of Carlsbad by deed recorded December 5, 2000
as Instrument No. 2000-0661439 and recorded July 16, 2003 as Instrument No. 2003-848484 of Official
Records.
APN: 213-061-28-00
(End of Legal Description)
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
Date: March 22, 2019
File No.: 385438
Property: 2065 Camino Vida Roble, Carlsbad, CA 92011
From: Stewart Title of California, Inc.
This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") has a business relationship
with Stewart Solutions, LLC, DBA -Stewart Specialty Insurance Services, LLC ("Stewart Insurance").
Stewart Information Services Corporation owns 100% of Stewart Insurance and . Because of this
relationship, this referral may provide Stewart Title a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject
Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE
WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Stewart Insurance Settlement Service Charge or range of charges
Hazard Insurance $400.00 to $6,500.00
Home Warranty $255.00 to$ 780.00
Natural Hazard Disclosure Report $ 42.50 to$ 149.50
File No.: 385438 Page 1 of 1
.
CL TA Preliminary Report Form('"
Exhibit A (Revised 06-03-11)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land
or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
(c) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records,
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records
(Rev. 06-03-11)
File No.: 385438
Page 1 of 4
CLTA HOMEl,tVNER'S POLICY OF TITLE INSURAN'C'E (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division;
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to lake 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 appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy.
LIMIT A TIO NS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
* For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
(Rev. 06-03-11)
File No.: 385438
Your Deductible Amount
1 % of Policy Amount or $2,500.00
(whichever is less)
1 % of Policy Amount or $5,000.00
(whichever is less)
1 % of Policy Amount or $5,000.00
(whichever is less)
1 % of Policy Amount or $2,500.00
(whichever is less)
Our Maximum Dollar Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
Page 2 of 4
. 2006 AL TA LOAN POLICY (06-17-0Gt· ·-
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i) the occupancy, use, or enjoyment of the Land;
ii) the character, dimensions, or location of any improvement erected on the Land;
iii) the subdivision of land; or
iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
11 , 13, or 14 ); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11 (b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
(Rev. 06-03-11)
File No.: 385438
Page 3 of 4
~6 ALTA OWNER'S POLICY (06-17-0ts;-
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit
the coverage provided under Covered Risk 5
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9
and 1 O); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date 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. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and that are not shown by the Public Records.
5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
(Rev. 06-03-11)
File No.: 385438
Page 4 of 4
File No.: 385438
AVAILABLE DISCOUNTS DISCLOSURE STATEMENT
This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that
upon proper qualification, there are premium discounts available upon the purchase of title insurance
covering improved property with a one to four family residential dwelling.
Such discounts apply to and include:
Property located within an area proclaimed a state or federal disaster area;
Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale;
Property being refinanced.
Please talk with your escrow or title officer to determine your qualification for any of these discounts.
File No.: 385438
Stewartlitle Guaranty Company PrivacyNotice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state
law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information. Do we share Can you limit this sharing?
For our everyday business purposes-to process your transactions
and maintain your account. This may include running the business and Yes No managing customer accounts, such as processing transactions,
mailing, and auditing services, and responding to court orders and legal
investigations.
For our marketing purposes-to offer our products and services to Yes No
you.
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes-information about
your transactions and experiences. Affiliates are companies related by
common ownership or control. They can be financial and non-financial Yes No companies. Our affiliates may include companies with a Stewart name;
financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes-information about No We don't share your creditworthiness.
For our affiliates to market to you -For your convenience, Stewart Yes Yes, send your first and last name, the email
has developed a means for you to opt out from its affiliates marketing address used in your transaction, your Stewart file
even though such mechanism is not legally required. number and the Stewart office location that is
handling your transaction by email to
optout@stewart.com or fax to
1-800-335-9591.
For non-affiliates to market to you. Non-affiliates are companies not No We don't share related by common ownership or control. They can be financial and
non-financial companies.
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use
personal information? security measures that comply with federal law. These measures include
computer, file, and buildinQ safeguards.
How do the Stewart Title Companies collect my We collect your personal information, for example, when you
personal information? request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 385438 Revised 11-19-2013
09
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