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HomeMy WebLinkAboutRP 15-16; 4 PLUS 1 LUXURY LIVING; Redevelopment Permits (RP)0 A, CCity of Carlsbad APPLICATION LAND USE REVIEW Development Services Planning Division 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) iii Coastal Development Permit (*)0 Minor 0.30915-31 CI General Plan Amendment 0 Conditional Use Permit (*) El Minor 0 Extension 0 Local Coastal Program Amendment (*) El Day Care (Large)0 Master Plan 0 Amendment 0 Environmental Impact Assessment lij Specific Plan El Amendment El Habitat Management Permit E Minor 0 Zone Change (*) O Hillside Development Permit (*)E]Minor 1:11 Zone Code Amendment E1 Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits El Planned Development Permit 0 Minor El Review Permit 0 Residential 0 Non-Residential 0 Administrative 1 -3 Minor El Major O Planning Commission Determination E Reasonable Accommodation Village Review Area Permits --41VSite Development Plan Flil Minor El Review Permit O Special Use Permit 111 Administrative El Minor Major gp 15-go 0 Tentative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) O Variance ['Minor (*) =eligible for 25% discount NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:203-351 -03-00 PROJECT NAME:4 +1 Luxury Living BRIEF DESCRIPTION OF PROJECT:New proposed mixed use project, retail & residential. First floor consists of retail and parking. 2nd, 3rd &4th floors have a total of four (4) apartments. BRIEF LEGAL DESCRIPTION:Lots 9 and 10 Block 48 Town of Carlsbad Map 535 and Map 775 LOCATION OF PROJECT:3050 Madison Street STREET ADDRESS ON THE:East SIDE OF Madison Street (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Carlsbad Village Drive AND Oak Avenue (NAME OF STREET)(NAME OF STREET) P-1 Page 1 of 6 Ovilso(pC43 Revised 07/15 ;... OWNER NAME (Print):(IZAAA-ce A-f/Y'14 APPLICANT NAME (Print):-r-oitiy ....toit.pmgyjAiii MAILING ADDRESS:5.'"- - 2 V /...e.th2 42071Z_(4AILING ADDRESS:z 09-.7_tce.zi /A e_(f_. CITY,STATE, ZIP:ti„..CA.-q)...- .? 7 CITY, STATE, ZIP:1.9 D4-.cr.)4 sr.(i) TELEPHONE (fn 0 —5D0 —4„- 131.TELEPHONE:-')—ti 4?--S-7 Zf.S EMAIL ADDRESS:L__ .h /i14 a4.A)ii -E7 L._.e....„EMAIL ADDRESS:eiz1 ri -74. -r).i:.A a rwi AIL ..GI .3.1. 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 CER IFY AS LEGAL OWNER THAT THE APPLICANT AS THE BES F MY KNOWLEDGE. S FORTH H IN IS UTHORIZED REPRESENTATIVE FOR istOSES 0 HIS P CATI N.i SIGNATURE DATE DATE SIGNA RE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 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. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND /1iBINir Y SUCC - 7ORS IN INTEREST. c e...,.11e4 . PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED SEP 1 0 2015 CITY OF CARLSBAD DATE STAIWIAN9AM4(MIVED RECEIVED BY: CAM/4...H .,62-arl\ P-1 Page 2 of 6 Revised 07/15 CC'City of PROJECT DESCRIPTION Development ServicesaPlanning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:4 +1 Luxury Living APPLICANT NAME:Tony Tonekaboni 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 architectural design maintains a traditional pitch roof and a contemporary look while utilizing form, material and color to stand out yet cohesively blend in with the character of the community.The lower retail (commercial) floor plan is 1,105 sf and 95 sf storage with an 18 ft. high ceiling. The additional 4 residential units comprise of a total of 9,748 sf floor area and a 3,644 sf deck.Unit 1 located on the second floor has 2,663 sf of floor area,1,216 sf deck, and 138 sf of storage.Unit 2 located on the third floor has 2,018 sf of floor area, 794 sf deck, and 138 sf of storage.Unit 3 located on the third floor has 2,049 sf of floor area, 604 sf deck, and 138 sf of storage. Lastly Unit 4 located on the fourth floor has 3,018 sf of floor area,1,030 sf deck, and 138 sf of storage. The placement of high and low windows on the first floor allow for natural light into the retail center. Alternatively, this place can be used for office space.The rear of the retail area allows for residential parking to the residents, and the building can be conveniently accessed through an elevator from each of the floors. The parking has direct access to the alley and Madison Street. The other three floors are tiered back to allow for private balcony space.Meanwhile, material, color changes and clearly defined offsets are utilized to break the building into smaller vertical units to be consistent with village character. P-1(B)Page 1 of 1 Revised 07/10 indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify,hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in com •ce with t subject approved permit. Signature A-11(e.Date:g 16 -72; Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge.I support the applicant's request for a permit to place the subject property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in complia with the bject approved permit. Signature .c.ca 4//k Date:—2 —/ P-1 Page 3 of 6 Revised 07/15 )0fri Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application.If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Tony Tonekaboni Corp/Part Title Title Address 2652 Escala Circle, San Diego, CA 92108 Address 2.OWNER (Not the owner's agent) 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 Bruce Sahba Corp/Part FIRST RMS PROPERTIES Title Managing Member Title Address 8528 Ruette Monte Carlo Address 1010 Pearl Street #12 La Jolla, CA 92037 La Jolla, CA 9203.7 P-1(A)Page 1 of 2 Revised 07/10 9 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? Yes FIN°If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and corre to the bestc)!laiknowledge. T}3.4 0./4.3 Signature of owner/date Si tur of applicant/date Print or type name of owner Print or type name of applicant Signature of of owner/applicant's agent if applicable/date 6()/4 (14H-g./9 Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 -, t.t'•STORM WATER (...„City of STANDARDS Development Services Land Development Engineering Carlsbad QUESTIONNAIRE 1635 Faraday Avenue 760-602-2750E-34 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's)into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially 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 Stormwater Requirements'or be subject to additional criteria called 'Priority Development Project Requirements'.Many aspects of project site design are dependent upon the storm water standards applied to a project. 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 separate completed and signed questionnaire must be submitted for each new development application submission.Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your application to the city. STEP TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a priority development project, please answer the following questions: YES NO 1.Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from X paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance?X If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects.Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If you answered "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 4stko.d4 kt4.STORM WATER .4L City of STANDARDS Development Services Land Development Engineering QUESTIONNAIRE E-34 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov STEP 2 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: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 X development projects on public or private land. 2.Is your project creating 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,X industrial, residential, mixed-use, and public development projects on public or private land. 3.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 restaurant?A restaurant is a facility that sells prepared Xfoods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. 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 Xproject includes development on any natural slope that is twenty-five percent or greater. 5.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 parking lot.A parking lot is a land area or facility for the X 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 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street,road,highway freeway or driveway?A street,Xroad,highway,freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7.Is your project a new or redevelopment project that creates 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 X 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 commingles with flows from adjacent lands).* 8.Is your project a new development 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,X 5014,5541,7532-7534, or 7536-7539. 9.Is your project a new development 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 (ADT) of X 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?X 11. Is your project located within 200 feet of the Pacific Ocean and (1)creates 2,500 square feet or more of Ximpervious surface or (2) increases impervious surface on the property by more than 10%? If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to implementing structural Best Management Practices (BMP's)in addition to implementing Standard Storm Water Requirements such as source control and low impact development BMP's.A Storm Water Management Plan (SWMP)must be submitted with your application(s)for development.Go to step 3 for redevelopment projects.For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no"to all of the above questions,you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects.A Storm Water Management Plan (SWMP)is not required with your application(s) for development.Go to step 4 at the end of this questionnaire, check the "my project does not meet PDP requirements"box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 STORM WATER City of STANDARDS Development Services Land Development Engineering Faraday AvenueQUESTIONNAIRE1635liarlsbad760-602-2750E-34 www.carlsbadca.gov STEP 3 TO. BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Complete the questions below regarding your redevelopment project:YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than X50% of the surface area of the previously existing development? If you answered "yes," the structural BMP's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development.Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development.Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. STEP 4 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements,I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address:3050 Madison Street Accessor's Parcel Number(s):203-351-03-00 Applicant Name:Tony Tonekaboni Applicant Title: Applicant Signature:Date: This Box for City Use Only City Concurrence:YES NO By: Date: Project ID: Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water 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 quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 .e - ,..• • City HAZARDOUS WASTE Development Services kAty of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1 (C)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): rgi 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. ID The development project and any alternatives proposed in this application me contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:1-0 y ver...E9-12 Name:f141- X/14 tArcrit Z-LC Address:2_62 5-'2 ece.AL A(9#2.6-be-Address:/C/add </a---7/7/J_ 0"9""•q 240 (x1 Phone Number:8 5S.--3 --t.? —cr4g Phone Number:&I /— 700 /3 F Address of Site:A4A-ctionl 4577e.e--&(7-(-$9-0_4 &Ail& Local Agency (City and County): Assessor's book, page, and parcel number:2.-61 — Specify list(s): Regulatory Identification Number: Date of List: /-Ace-CIS-S ( 2 Applica Sign ture/Date Property Owner 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 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.clovisitecleanup/CorteseList/default.htm www.calepa.ca.qov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.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.govisuperfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.00v/superfund/sitesinplinpl.htm P-1(C)Page 2 of 2 Revised 02/13 DEVELOPMENT Development Services 1Ay of PERMITS Planning Division Carlsbad P -2 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov •Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor CDPs and Single Family Residences) •Conditional Use Permits (including Minor, Amendments and Extensions) •Planned Development Permits (Residential and Non-Residential;including Minor,Amendments and Extensions) •Planning Commission Determinations •Precise Development Plans •South Carlsbad Coastal Review Area and Village Review Area Permits (Major,Minor and Amendments) (A Coastal Development Permit Supplemental Application may also be needed) •Site Development Plans (including Minor, Amendments and Extensions) •Special Use Permits (including Amendments, Extensions and Floodplain SUPs) •Structure Relocation Permits •Tentative Parcel Maps (including Revisions and Extensions) •Tentative Tract Maps (including Revisions and Extensions) A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits,i.e.Tentative Map and Planned Development Permit site plan, should be prepared at the same scale.(Use a scale no smaller than 1" =40'.) The following materials shall be submitted for each application or for combined applications on a single project. 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. I.REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A.SITE PLAN Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10)copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each site plan shall contain the following information: 1.GENERAL INFORMATION Ka.Name and address of owner whose property is proposed to be developed and the name, address, and phone number of the developer. Ell Name,address,and phone number of registered civil engineer,licensed surveyor, landscape architect or land planner who prepared the maps/plans. Zc.North arrow and scale. P-2 Page 1 of 9 Revised 04/15 E]d.Vicinity map showing major cross streets. Ze.Date of preparation/revisions. Kf.Project Name and application types submitted. N/A Og.Tentative Map number in upper right hand corner (City to provide number at time of application). Kh.All facilities labeled as "existing" or "proposed." gi.A summary table of the following: 1.<I(1)Street address, assessor's parcel number, and legal description. Z(2)Site acreage.ig (3)Existing Zone and General Plan Land Use Designation. M(4)Existing and Proposed land use. N(5)Classification of lots as to intended residential,commercial,industrial or other uses. Z(6)Number of units to be constructed when a condominium or community apartment project is involved. Z(7)Total number of lots proposed. ES1(8)Proposed density in dwelling units per net acre. rg(9)Total building coverage. ZI(10) Building square footage. 11(11) Percent of site to be landscaped. N(12) Number of parking spaces required/provided. N/A 0(13)Square Footage of required employee eating areas.Square footage provided (interior and exterior eating area, if applicable). N/A III(14) Square Footage of open or recreational space (if applicable), for each unit and total common open space for the project. N/A0(15) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category).If not applicable,state on the plans. Z(16)Cubic footage of storage space (if applicable).Show location. (17) Average Daily Traffic generated by the project, broken down by separate uses. Z(18)Name of sewer, water and school district providing service to the project. N(19)Proposed water demands (GPM or GPD)and sewer generation (EDU) resulting from project. Z(20)Proposed drainage discharge (CFS) and master drainage basin. 2.SITE INFORMATION a.GENERAL X1(1)Approximate location of existing and proposed buildings,walls,fences,and permanent structures onsite and within 100 feet of site. Z(2)Location of all major vegetation,showing size and type,both within the project and offsite for a distance of 100 feet.Existing onsite trees; those to be removed and those to be saved. K(3)Location of railroads. N(4)Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). Zi(5)Lot lines and approximate dimensions and number of each lot. Z(6)Lot area for each proposed lot. Z(7)Setback dimensions for the required front,rear and side yard setbacks for all structures. Z(8)Distance between buildings and/or structures. Z(9)Indicate top and bottom elevations for all fences,walls,and retaining walls. Show these elevations at each end of the wall and in the middle.Also show the worst condition elevation. N(10)Indicate on site plan improvements and amenities for any required interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc. P-2 Page 2 of 9 Revised 04/15 N/A0(11)Show site details (specific recreation facilities)for all recreation lots or areas (when applicable). Z(12)Location and dimensions of all accessways and pathways as required for compliance with Title 24 —State Accessibility Requirements. b.GRADING AND DRAINAGE Z(1)Limits of grading including limits of remedial grading, if required. K(2)Approximate contours at 1'intervals for slopes less than 5%;2'intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed).Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site.Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). K(3)Earthwork volumes:cut, fill, remedial, import and export. g(tt)Spot elevations at the corners of each pad. Z(5)Method of draining each lot.Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. N(6)Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed project site; show location and approximate size of any proposed detention/retention basins. N/A (7)Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. Z(8)Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. Z(9)Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures.[For Floodplain Special Use Permit (SUP)]. N/A (10)In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures.[For Floodplain Special Use Permit (SUP)]. K(11)Show proposed elevation in relation to mean sea level to which any structure will be floodproofed.[For Floodplain Special Use Permit (SUP)]. c.STREETS AND UTILITIES N(1)The location, width and proposed name of all streets within and adjacent to the proposed project.Show street grades and centerline radii.Provide separate profile for all streets with grades in excess of 7%.Streets should be in conformance with City Standards and Land Development Engineering Policies. K(2)Name,location and width of existing adjacent streets and alleys.Include medians and adjacent driveway locations. IK(3)Typical street cross sections for all streets within and adjacent to the project. Z(4)Width,location and use of all existing and/or proposed public or private easements. Z(5)Public and private streets and utilities clearly identified. K(6)Show distance between all intersections and driveways. E(7)Clearly show parking stall and aisle dimensions and truck turning radii for all parking areas. E(8)Show access points to adjacent undeveloped lands. N(9)Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines,major electric and telephone facilities) within and adjacent to the project. N(10)Show all existing and proposed fire hydrants associated with the project, and all existing,off-site fire hydrants within 300 feet of the project boundary.Fire hydrants on commercial,industrial and multi -family residential sites should be installed at 300 foot intervals.Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals.When possible, fire hydrants should be installed at street intersections on developed side of street if single loaded.Avoid cul-de-sac installations.For installation P-2 Page 3 of 9 Revised 04/15 444..requirements on public roadways, contact the Carlsbad Fire Department at (760) 602-4666. N(11)Proposed improvements for public and private streets,driveways,and parking areas. d.WATER FACILITIES j(1)Show average and peak potable water demand in gallons per minute (gpm). 1(2)Provide fire flow demand in gallons per minute (gpm);calculate using table attached to Land Use Review Application. RI(3)Provide a map or diagram showing existing and proposed on-site and off-site water pipelines,services,pressure reducing stations,fire hydrants,reservoirs and pumping stations.(These facilities must be shown within the public right-of- way or within easements to be granted to the District or the City.). ig(4)Show a looped potable water distribution pipeline (when more than 19 residences are proposed). E(5)Show a public fire flow system (constructed as a looped pipeline system for all industrial or commercial development). El(6)Show a private fire sprinkler system, if required or proposed; state on exhibit. R(7)Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. Pending e.RECYCLED WATER FACILITIES (1)Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color).(2)Peak irrigation or industrial water demand in gallons per minute (gpm).(3)Existing and proposed recycled water pipelines,services,pressure reducing stations,booster pump stations,reservoirs and pumping stations.(These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.) f.SEWER FACILITIES Z(1)Average sewer generation in million gallons per day (mgd). K(2)Existing and proposed sewer pipelines, laterals, and sewage lift stations.These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City. gi(3)Indicate sewer facility phasing, if proposed. NOTE: No sewer lift stations or sewer siphons may be proposed unless otherwise agreed to in writing by the appropriate District Engineer. B.CONCEPTUAL LANDSCAPE PLAN Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10)copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. The conceptual landscape plan shall be prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad Landscape Manual (February 2012) and shall include the following: 1.SUBMITTAL REQUIREMENTS Ka.Conceptual Landscape Plan Eb.Conceptual Water Conservation Plan P-2 Page 4 of 9 Revised 04/15 N/A Dc.Conceptual Fire Protection Plan (if applicable).id.Conceptual Landscape Maintenance Responsibility Exhibit (private or common). C.BUILDING ELEVATIONS AND FLOOR PLANS Required copies on 24" x 36" sheet(s): Minor permits:Four (4) copies Major permits:Seven (7) copies Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner when the project is scheduled for review by the Planning Commission or City Council. Each building elevation and floor plan shall include the following information: 1.GENERAL INFORMATION Ka.Floor plans with square footage included. Kb.All elevations of existing and proposed buildings, including signs and exterior lights. Kc.Location and size of required storage areas. kid.Include a scale on all floor plans and building elevations. Ne.Indicate the height on all building elevations.jf.Indicate on all building elevations, compliance with Carlsbad Building Height definition (Zoning Ordinance Section 21.04.065). Kg.Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. Kh.Indicate the California Building Code occupancy classifications of all building areas. Indicate type of construction per California Building Code. Kj.Disclose any building uses that will result in the presence of Acutely Hazardous Materials,Compressed Flammable Gases in excess of 1,500 pounds,Flammable Liquids in excess of 10,000 gallons,Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. Kk.Provide documentation demonstrating compliance with City Council Policy 44 — Neighborhood Architectural Design Guidelines (if applicable). VI.ROOF PLAN:One (1)copy (plan view).Show roof design to include ridges,hips, slope direction, etc.Show location of roof appurtenances, mechanical equipment and screening.Show all roof top equipment,appurtenances,stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes.All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. N/A D.CONSTRAINTS MAP -One (1)24"x 36" sheet folded to 9"x 12"shall include the following information:(NOTE:This information is not required for previously graded sites and the conversion of existing structures.)If the constraint does not apply to the property, list it on the map as not applicable.Constraints map should be the same scale as other exhibits,i.e. Site Plan, etc. 1.GENERAL INFORMATION Da.Major ridge lines. Db.Riparian or woodlands. Eic.Intermittent drainage course. Dd.25 -40% slopes. De.Greater than 40% slopes. Of.Major rock outcroppings. Dg.Easements. Dh.Floodways. Di.Archaeological sites. (Do not identify location.List in map legend if present.) Dj.Special Planning Areas -Type of special planning area. P-2 Page 5 of 9 Revised 04/15 k.Biological Habitats.Indicate the location of all vegetation communities existing on the project site.(Use Modified Holland System as described in the Multiple Habitat Conservation Plan.) I Beaches.m.Permanent bodies of water.n.Wetlands.o.Land subject to major power transmission easements.p.Railroad track beds. E.COLORED SITE PLAN AND ELEVATION PLAN —Not required with first submittal.It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon,eight (8)days prior to the Planning Commission meeting.Do not mount exhibits.For residential projects of 2 or more homes a typical street scene of the elevations shall be provided.The corresponding rear elevations for the homes shown for the typical street scene shall also be provided. II.REQUIRED DOCUMENTS AND SUBMITTAL ITEMS lA.Completed Land Use Review Application Form. B.Coastal Development Permit Supplemental Application (if applicable). C.Environmental Impact Assessment Form (Fee not required with initial submittal.Fee to be determined after review of project and environmental impact assessment form.)Required for tentative parcel maps only where a significant grading is proposed.Check with Planning staff to determine if required for your application. D.Disclosure Statement.(Not required for tentative parcel maps.). NE.Two (2) copies of the Preliminary Title Report (current within the last six (6) months). gr F.Proof of availability of sewer if located in the Leucadia Waste Water District or the Vallecitos Water District. N/A OG.Statement of agreement to waive tentative parcel map time limits.Required only when project (tentative parcel map)requires concurrent processing of planning application or environmental review. INH.All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts,as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2)copies of a Circulation Impact Analysis for the project.The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer.The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff.The following minimum information should be included with the study: 1.8W x 11" or 8W x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2.Project traffic generation rates and traffic assignment. 3.Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4.Any proposed mitigation requirements to maintain the Growth Management public facility performance standards. 5.On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects:Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions,is defined as a "large project"under the SANDAG P-2 Page 6 of 9 Revised 04/15 Congestion Management Program (CMP)and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. N/A I.Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 feet. N/A J.For all condominium conversions,a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. N/A K.For all condominium conversions,a letter from San Diego Gas and Electric stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. N/A L.For all condominium conversions,one (1)copy of a compliance inspection performed by the Building Department.(Separate fee required.). N/A M.For projects larger than 1 -acre,a Preliminary Hydrology Study including map and calculations to demonstrate capacity/sizing of proposed and existing storm drain infrastructure.Show before and after discharges to each included drainage basin.Depending upon the complexity of the project,a Preliminary Hydrology Study may be required on any project. 1N.Two copies of a completed and signed "Storm Water Standards Questionnaire."This form can be found on the City's website:(Distribute copy to Land Development Engineering). F10.If,when completing the Storm Water Standards Questionnaire,the project is defined as a "Priority Project," submit a preliminary Storm Water Management Plan (SWMP)prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carlsbad Land Development Engineering Standards. P.Completed "Project Description/Explanation" sheet. ZQ.Signed "Notice of Time Limits on Discretionary Applications." R.Noise study consistent with City of Carlsbad Noise Guidelines Manual. EIS.Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e.EIR,Negative Declaration or Exemption)and to determine compliance with the HMP. MT.Signed "Hazardous Waste and Substance Statement" form.U.Provide color board(s) (no larger than 9" x 12"), showing building materials and color samples of glass, reveals, aggregate, wood, etc. XV.Photographs of the property from the north, south, east and west. N/A W.Digital copy of Tentative Map along with required number of hard copy maps. XX.Fees:See Fee Schedule for amount. EY.Early Public Notice Package. N/A III.SPECIFIC PROJECT REQUIREMENTS A.For Density Bonus Projects: 1.A letter signed by the present owner stating what specific incentives are being requested from the City.For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2.A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail,transit stop,potential employment locations,park or recreation facilities or other social or community service facilities. 3.For condominium conversion requests,a report documenting the following information for each unit proposed to be converted:the monthly income of tenants of each unit throughout the prior year,the monthly rent for each unit throughout the prior year and vacancy information for each unit throughout the prior year. 4.Identify the number and location of lower income dwelling units. P-2 Page 7 of 9 Revised 04/15 4+400' N/A 013.For Senior Citizen Housing Projects: 1.A letter signed by the present owner stating what specific incentives are being requested from the City.For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2.A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation area, medical facilities or other related uses or services likely to be patronized by senior citizens. 3.Five (5)copies of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doorways, hallways, closets and cabinets. 4.Five (5) copies of floor plans showing any common areas and accommodations. 5.Identify the number and location of lower income inclusionary dwelling units. 6.A plan for monitoring age restrictions for all units and income restrictions for designated inclusionary units. ENC.In-fill Residential Projects: Residential Projects with two or more dwelling units that:(1)are bordered on a minimum of two sides (property lines)by existing single family residential development and (2)require a discretionary permit (excluding a Minor Coastal Development Permit,Coastal Development Permit for a single family residence and/or second dwelling unit,or a permit for a condominium conversion) shall be required to: 1.Post project notices on the project site pursuant to Planning Division Administrative Policy No. 37. This requirement is not applicable to residential development applications that are already subject to the City's Early Public Notice requirements (see Application Form P-21). 2.Submit project photo-simulation exhibits to the Planning Division upon determination that the project application is complete.The photo simulation exhibits should be scaled representations of the project, as viewed from adjacent streets and adjacent developed single- family residential properties. N/A OD. Wireless Communication Facilities: Wireless Communication Facilities (WCF) are allowed in all zones (excluding the L-C zone) with the approval of a conditional use permit (CUP) or minor conditional use permit (MCUP).See the applicable Zone and Zoning Ordinance Section 21.42.1406.165 for details. All proposed WCFs shall follow the City's guidelines (see City Council Policy No.64,Wireless Communication Facilities)in the design of CUPs and MCUPs for new wireless facilities as well as extensions and amendments to CUPs and MCUPs for existing installations.This policy applies to all commercial providers of wireless communication services.It does not apply to amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's private use. Notes on submitting applications for new or existing WCFs: 1.Submittals for new and amended WCFs shall follow the application requirements outlined elsewhere in this handout plus the specific WCF submittal provisions of City Council Policy 64, including the Application and Review Guidelines. 2.For extensions of existing CUPs and MCUPs,or for existing CUPs proposing to convert to MCUPs, only one set of project plans, rather than multiple copies, needs to be submitted. The one set of plans may be copies of those already approved.Applicants are encouraged to talk with staff before submitting an application to convert a CUP to a MCUP. 3.Per Performance Guideline 5 of City Council Policy 64,a report demonstrating compliance with FCC RF Exposure Guidelines must be submitted with each time extension or amendment request and, for new WCFs, within six (6) months after the issuance of occupancy. P-2 Page 8 of 9 Revised 04/15 hp,0. All WCF applications are evaluated or re-evaluated to assess consistency with City Council Policy 64,including the appropriateness of the existing facility's technology,and the applicant must document that the WCF maintains the technology that is the smallest,most efficient,and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building. N/A OE. Flood Plain Special Use Permits: 1.Two (2) sets of the hydrology and hydraulic calculations.Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. 2.Two (2)copies of all required certifications listed in Section 21.110.150(4)of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately licensed professional. N/A OF. CommercialNisitor-Serving Overlay Zone: 1.Prior to filing an application for a Conditional Use Permit for a CommercialNisitor-Serving use within the Overlay zone, the applicant shall make a Preliminary Review (Pre-filing) submittal. 2.Projects within the CommercialNisitor-Serving Overlay Zone shall submit a proposed sign program as part of this application.The program shall be provided as separate exhibits and should include the following information:proposed sign location, dimensions, area, materials, sign copy and colors. NOTE:When the application is tentatively scheduled to be heard by the decision making body,the project planner will contact the applicant and advise him to submit the public hearing notice package including the radius map,two sets of the property owners list including the applicable Homeowners Association (HOA) and labels.The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office.The project will not go forward until this information is received. P-2 Page 9 of 9 Revised 04/15 TIME LIMITS ON Development Services City of DISCRETIONARY Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E)www.carlsbadca.gov PLEASE NOTE: 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) 602-4 . Applicant Signature: Staff Signature: Date:-o- To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 EIA INFORMATION Development Services CCit-y of FORM Planning Division Carlsbad P-1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:q 0—t (To be completed by City) Application Number(s):CA) F.R P l S-1 (0 General Information 1.Name of project:4 +1 Luxury Living 2.Name of developer or project sponsor:First RMS Properties Address:1010 Pearl Street #12 City, State, Zip Code:La Jolla, CA 92037 Phone Number: 3.Name of person to be contacted concerning this project:Tony Tonekaboni Address:2652 Escala Circle City, State, Zip Code:San Diego, CA 92108 Phone Number:(858) 359-5543 4.Address of Project:3039 Jefferson Street Assessor's Parcel Number:203-351 -03 -00 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Site Development Plant & Coastal Development Permit 6.Existing General Plan Land Use Designation:District a Village Center 7.Existing zoning district:Zoning 2 8.Existing land use(s):1 existing building w/parking lot 9.Proposed use of site (Project for which this form is filed):Mixed use -4 residential unitsl,1 retail commercial w/offstreet parking. Project Description 10.Site size:6994.74 sf / 0.161 acres 11.Proposed Building square footage:6753.62 sf retail/commercial & parking 1st floor 12:Number of floors of construction:4 13.Amount of off-street parking provided:11 parking including 1 H.C. 14.Associated projects:N/A P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes:4 units total Second floor -1 unit 2,663 sf deck 1,216 sf Third floor -2 units 2,018 sf deck 794 sf & 2,049 sf deck 604 sf Fourth floor -1 unit 3,018 sf deck -1030 sf 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 1 Retail or office commercial 1,105 sf Sales Ares -N/A 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: N/A P-1(D)Page 3 of 4 Revised 07/10 ., r Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes fff20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 lEr roads. 22.Change in pattern, scale or character of general area of project.0 23.Significant amounts of solid waste or litter.0 24.Change in dust, ash, smoke, fumes or odors in vicinity. 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 0 alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 27.Site on filled land or on slope of 10 percent or more.0 13 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 1 -2/ flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,0 12( etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 12/ 31.Relationship to a larger project or series of projects.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 ab' ity, and that the facts, statements, and information presented are true and correct to the best of my kno ge and belief. Date:g/2.3/45 Signature: For: P-1(D)Page 4 of 4 Revised 07/10 ,....', ENVIRONMENTAL SETTING Respond to following questions: #32 The APN # 203-351-03-00 is located at 3050 Madison street with a lot size total of 7000 S.F.Currently, there is an existing 1185 S.F.one story office which is vacant. There are 7 parking spaces on site that have access from the alley. The topography of the site is flat and we will not be removing soil or importing any soil on site.On the north side there is a KFC and a Taco Bell fast food restaurant, and the south side of the property is residential. #33 Located on the parcel is a one story building office that has no historical value with 7 parking spaces which have access from alley. On the north side there are two fast food chains,KFC & Taco Bell. On the West side of the propety is Madison Street and the south is residential and the east side is an alley. There is no front set back at first floor (Commerial )and a minimum 10 feet set back on the second floor, and on the third and fourth floor also has set back, no side or rear set back, hight is 45 feet. 7:lIllijigglirliklitiaNiailgNgilliagga 3 ...._ 05 "1‘11117:r•---'.--' \!-I " i I ....• 7111 1.,....I -. 11 ' 1 •k..i..•-Li Milillikorr"` \-4 •,.....7 d--;/,....,'''',0.- 1/4\.)*,‘•„ ,,,,,,,A 0 N.....• o 10 „.•1r \o'..-"-\ .,.,‘,„.......0 .v...:... NN. -0 111•...• • ... ..., n Gonsulting 4.2428 Ghisolm Trail Murrieta GA 1250 phone Woo -473-a5F www.ldnconsulting.net fax 7&o -6.09-4143 August 6, 2015 First BMS Properties,LLC. 1010 Pearl Street, #12 La Jolla, CA 92037 Subject:3050 Madison Street Mixed Use Development Interior Noise Assessment —Carlsbad CA The firm of Ldn Consulting,Inc.is pleased to submit the following noise impact analysis for the proposed 3050 Madison Street mixed use development in the City of Carlsbad.The purpose of the survey is to determine the estimated exterior noise levels at the proposed residential uses and recommend mitigation measures for compliance with the California Code of Regulations Title 24 and the City of Carlsbad guidelines and requirements for interior noise. PROJECT LOCATION/DESCRIPTION The proposed site is located on approximately 0.16 acres and includes a mixed use development consisting of 4 residential units and 1,105 sq-ft of retail use.The project site is located along Madison Street between Carlsbad Village Drive and Oak Avenue in the City of Carlsbad.The project site address is 3050 Madison Street, Carlsbad,CA. The primary noise source that affects the site is vehicular traffic from adjacent Madison Street and background noise from Carlsbad Village Drive located approximately 200 feet to the north of the site.The project vicinity can be seen in Figure 1 and the project site configuration is provided in Figure 2 below. 8/6/2015 1 1596-02 3050 Madison Street Noise Report w,, First BMS Properties,LLC.Lein Lona.ItIng. In4... 1010 Pearl Street, #12 42428 Ghisam Trail,Murriela GA 925407LaJolla, CA 92037 phone 7GO-473-1253 Fax 7GO-Gi39-4943 Figure 1: Project Site Location ,,,,- c..- t<s4t c6V4t Ot•(\°C.<6 0°'"44 ..•' 11 'Po 4.1.0 4) oe 93 l `1i..1. u).N.'II c.-11 ge 4 c4-- c ,- ,re.Iu..,'''e.C`ee..'%.. C3 e '66.s.,,e - 3-Basswood Aveac''',N02' 1*-.-e C.2' '' - $ Carlsbad Village E..'ePc *'2'•.9,ti 4.41"li 151'1 .32''\'erV‘V t 2. C2'1 °1 ikli....1) 611 e %Ot -.'7 cAve''''4s6V‘e.%ri .311 -0 V.Se C.3c,0,-Proje ct \>\- c?...'CD ,,..•-•:,,i.1...e. -.Location 4,1. ckst`'‘ was ...z 4% 1) 410- 0i# .x %-5.'Pol3.4 ,Vit d:.t'.•1? ,sfl'4t I.?.-6.0 ".`).1.51_1 Qom'oz't ot .1;7a ,1/4.„.\,6%Ot.(150 C/\4Z.qS ‘..4 •c& - 4'00CP I0. .R q%01,0.•.4 t ''fi•.e.%-.. ,NO"..Sri.r.o ,SktCs- ...0 Is,lo Magnolia Ave P-ks.Vic'.t :'\ ,., e .. le v. .sti It.N s s#•tO .'''.9 ep0 V 4B. sCA 0 q>-Pc"% "3. _-e.—o.;/....,.,c -AY',%,To 'd ii-`z'vYk MI 4e•%%'cz. 4e.461'. -to,,o0-4 ("4 `'.•\I\,,o0,4j..4t .\‘;9, <<•\CF %iA''''l ..nP1'41.,244.....- 8/6/2015 2 1596-02 3050 Madison Street Noise Report Report t irt 0 1 First BMS Properties,LLC.Lein GenoaIfing. I 1010 Pearl Street, #12 47420 thisolm Trail, Murrieta LA 92562 La Jolla, CA 92037 phone 7(o-470-1253 Fax 7(o-409-4943 Figure 2: Proposed Project Site Plan I\ z.\: \ I:.\C•si ..2 t ex ka et._...._... g 1 \\/."""-1 / 0:y- a.!- - .s.........0 .w CO -I I Q t -Z-00 ---i 1 01 L I i---11 ,t 1 u.re C.)I Il 1 1 7 ...../ ./7,,rzL. n1.....„..._ _........7,,_._,,,.,E•)..f....,r,.x •.i /6 11;0 .... 1 r / , laikilSNOSKIWI 8/6/2015 3 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Ldn Consulting,The.1010 Pearl Street, #12 42420 Ghisolm Trail,Murriela GA 1.25&.2LaJolla, CA 92037 phone 71.0-473-1.253 Fax 7&o-&89-4943 ACOUSTICAL FUNDAMENTALS Noise is defined as unwanted or annoying sound which interferes with or disrupts normal activities.Exposure to high noise levels has been demonstrated to cause hearing loss.The individual human response to environmental noise is based on the sensitivity of that individual, the type of noise that occurs and when the noise occurs. Sound is measured on a logarithmic scale consisting of sound pressure levels known as a decibel (dB).The sounds heard by humans typically do not consist of a single frequency but of a broadband of frequencies having different sound pressure levels. The method for evaluating all the frequencies of the sound is to apply an A-weighting to reflect how the human ear responds to the different sound levels at different frequencies. The A-weighted sound level adequately describes the instantaneous noise whereas the equivalent sound level depicted as Leq represents a steady sound level containing the same total acoustical energy as the actual fluctuating sound level over a given time interval. The Community Noise Equivalent Level (CNEL)is the 24 hour A-weighted average for sound, with corrections for evening and nighttime hours.The corrections require an addition of 5 decibels to sound levels in the evening hours between 7 p.m.and 10 p.m.and an addition of 10 decibels to sound levels at nighttime hours between 10 p.m.and 7 a.m.These additions are made to account for the increased sensitivity during the evening and nighttime hours when sound appears louder.CNEL values do not represent the actual sound level heard at any particular time,but rather represents the total sound exposure. Additionally,Sound Transmission Class (or STC)is an integer rating of how well airborne sound is attenuated by a building partition.STC is widely used to rate interior partitions,ceilings/floors,doors, windows and exterior wall configurations (see ASTM International Classification E413 and E90).The STC number is derived from tested sound attenuation values found at the 1/3 octave band frequencies.These transmission-loss (TL) values are then plotted and compared to a standard reference contour.Acoustical engineers fit these values to the appropriate TL Curve to determine a single STC value found at 500 Hertz.STC is roughly the decibel reduction in noise a partition can provide, abbreviated 'dB'. 8/6/2015 4 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Lein GormuMn Inc. 1010 Pearl Street, #12 0428 Ghisolm Trail,Murrieta GA 12502 La Jolla, CA 92037 phone 71.0 -473-1.257 Fax 70a--&89-403 If an 85 dB sound on one side of a wall is reduced to 50 dB on the other side, that partition is said to have an STC of 35.This number does not apply across the range of frequencies because the STC value is derived from a curve-fit from the tested 1/3 octave band frequencies.Any partition will have less TL at lower frequencies.For example,a wall with an STC of 35 may provide over 40 dB of attenuation at 3000 Hz but only 15 dB of attenuation at 125 Hz. NOISE STANDARDS The City of Carlsbad's Noise Guidelines Manual (1995)requires that all exterior sensitive areas shall limit noise exposure.For noise sensitive residential land uses, the City has adopted a policy which has established a "normally acceptable" exterior noise level goal of 65 dBA CNEL for the outdoor areas and an interior noise level of less than 45 dBA CNEL.For residential properties identified as requiring a noise study,a study shall be prepared by an acoustical professional.This study shall document the projected maximum exterior noise level and mitigate the projected exterior noise level to a maximum allowable noise level as identified in Noise Guideline Manual. Interior noise levels should be mitigated to a maximum of 45 dBA CNEL in all habitual rooms when the exterior of the residence are exposed to levels of 60 dBA CNEL or more.If windows and doors are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided per City requirements. ANALYSIS PROCEDURES Exterior Noise Levels The primary source of noise impacts to the project site will be vehicular traffic from adjacent Madison Street and background noise from Carlsbad Village Drive located approximately 200 feet north of the project site.The projected roadway noise levels from vehicular traffic were calculated using the methods in the Highway Noise Model published by the Federal Highway Administration (FHWA Highway Traffic Noise Prediction Model, FHWA-RD-77-108, December, 1978).The FHWA Model uses the traffic volume,vehicle mix,speed,and roadway geometry to compute the equivalent noise 8/6/2015 5 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Lein Lonasiting, Ine.1010 Pearl Street, #12 42428 Ghisolm Trail,Murrieta GA 9.251.2LaJolla, CA 92037 phone 71.o-473-a53 Fax 7&a -&89-4943 level.A spreadsheet calculation was used which computes equivalent noise levels for each of the time periods used in the calculation of CNEL.Weighting these equivalent noise levels and summing them gives the CNEL for the traffic projections. Mobile noise levels radiant in an almost oblique fashion from the source and drop off at a rate of 3 dBA for each doubling of distance under hard site conditions and at a rate of 4.5 dBA for soft site conditions.Hard site conditions consist of concrete, asphalt and hard pack dirt while soft site conditions exist in areas having slight grade changes, landscaped areas and vegetation. Hard site conditions,to determine the worst-case findings,were used to develop and analyze the noise levels along the roadway segments.The future traffic noise model utilizes a typical vehicle mix of 96% Autos, 2% Medium Trucks and 2% Heavy Trucks for both roadways.The vehicle mix provides the hourly distribution percentages of automobile, medium trucks and heavy trucks for input into the FHWA Model. Future year 2030 traffic along Madison Street is predicted to be at most 900 average daily trips (ADT).Carlsbad Village Drive is expected to have 19,700 ADT according to the SANDAG Series 12 Traffic Prediction Model for the year 2035.The speed limit along Madison Street is 25 MPH and 40 MPH on Carlsbad Village Drive.Based on the exterior noise model, the worst-case cumulative noise level from all roadways was found to be 65.9 dBA CNEL at the site.The modeling results are provided in Figure 4 on the following page. No noise barriers, existing structures or topography that may affect noise levels were incorporated in the calculations.A worst-case building façade noise level of 65.9 dBA CNEL was utilized for all units at all floors. 8/6/2015 6 1596-02 3050 Madison Street Noise Report Report First BMS Properties, LLC.Leh Gonaulfing In1010 Pearl Street, #12 42428 Ibis°Im Trait Murrieta GA 925&.2LaJolla, CA 92037 phone 7W-473-1253 Fax 1teo-W9-4943 Figure 4: Future Cumulative Noise Levels Project Name:3050 Madison Street Date:3-Aug-15 Project Number:15-96 Location:Carlsbad Traffic Volumes, Mix and Speeds Autos Med. Trucks Heavy Trucks Mix Ratio by Percent 96.0 2.0 2.0 Propagation Rule Hard Roadway ADT Speed MPH CNEL @ 50 Feet 60 CNEL (Feet) Carlsbad Village Drive 19,700 40 71.1 637 Madison Street 900 25 54.4 14 Noise Reduction due to Distance Distance Reduction Resultant Level Carlsbad Village Drive 190 -5.80 65.3 Madison Street 24 3.19 57.6 Cumulative Noise Level 65.9 dBA CNEL Interior Noise Levels The methodology used to determine the resultant interior noise levels is based upon the exterior noise level minus the sound transmission loss as identified in the American Society of Testing and Materials (ASTM)guidelines:E413 &E90.Standard building construction will provide a noise reduction of approximately 12-15 dBA with a windows open condition and a minimum 20 dBA noise reduction with the windows closed.The exterior noise levels at the proposed structures calculated in terms of dBA are converted to the six octave band sound pressure levels between:125 -4000 Hertz. Acoustical modeling of the proposed project dwelling units was performed in accordance with the above guidelines and included combining the transmission loss for 8/6/2015 7 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Lein Gomm1010 Pearl Street, #12 42420 Chisohn Trail,Murrieta GA 1.251/2LaJolla, CA 92037 phone 7&o-477-1.257 Fax 7&o -&89-4143 each of the building components that will reduce the interior noise levels.Building components typically include the windows,exterior doors,and exterior walls.The total noise reduction is dependent upon the transmission loss of each building component,their subsequent surface area,quality of the building/construction materials,a building façade and angle correction. The interior noise level is also dependent on the acoustical energy absorbed within the room based upon the Noise Reduction Coefficients (NRC).NRC is a scalar representation of the amount of sound energy absorbed upon striking a particular surface and the arithmetic value average of sound absorption coefficients indicating a material's ability to absorb sound.The absorption coefficients for individual surface areas such as carpet,drywall and furnishings are used to calculate the interior room effects.The calculated building noise reduction includes both the room absorption characteristics and the transmission loss from the exterior wall assembly. The interior noise reduction calculations were performed using Ldn's interior noise model.The model converts the exterior sound level to octave band frequencies and accounts for the transmission loss, correction factors and room absorption.The floor plans used for this analysis were provided by THT Design Consultant Group, Inc., 2015. The following construction details were utilized for each of the building assemblies to determine the noise reduction characteristics: Exterior walls and roof assemblies must have a Sound Transmission Class (STC) rating of 46 or better.Exterior walls with this rating consist of 2"x4" studs or larger, spaced 16" o.c. with R-13 insulation minimum and an exterior surface of 7/8" cement plaster (stucco).Interior wall and ceiling surfaces shall be at least 1/2"thick gypsum or plaster.Roof assemblies should have a minimum of 1/2" sheathing,R-19 insulation and sealed to prevent noise leaks. Exterior entry doors should be of solid core construction and glass assemblies should be dual-glazed and acoustical sealant applied around the exterior edges.The window and door assemblies are generally the weakest noise reducing component but are the most convenient and cost effective elements to change if additional attenuation is 8/6/2015 8 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Lein Lonitilin1010 Pearl Street, #12 4.24.28 alisolm Trail Murriela 9.254.2LaJolla, CA 92037 phone 740-473-1257 Fax 7Go-6139-4943 needed.The STC ratings for the glass assemblies and exterior entry doors were calculated in the interior noise model and provided in the findings below. Bathrooms,kitchens,closets and corridors are not required to meet the 45 dBA CNEL standard and therefore were not modeled.All living areas where lower noise levels are essential for conversation and sleep should have carpeting installed;this includes bedrooms.The living and dining rooms were considered to have tile or hardwood flooring and modeling to account for less noise absorption.These rooms and were modeled to determine the interior noise reductions.If the modeled interior noise levels were found to be higher than 45 dBA CNEL in the living areas with the minimum assembly requirements described above additional modeling was performed to determine the minimum STC rating for the glass assemblies to further reduce interior noise levels below the acceptable interior threshold of 45 dBA CNEL. FINDINGS The exterior noise levels were determined to be as high as 66 dBA CNEL for all floor levels.Basic calculations show that a windows open condition will typically reduce the interior noise levels 1245 dBA CNEL and not provide adequate interior noise mitigation. To meet the 45 dBA CNEL interior noise standard, an overall minimum interior noise level reduction of 21 dBA CNEL is needed for the proposed project.Therefore a closed window condition is required to reduce interior noise levels to comply with CCR Title 24 and City of Carlsbad requirements.The windows closed condition requires that mechanical ventilation is installed to move air within the structure and control temperatures.The mechanical ventilation must meet the jurisdictional requirements for these dwelling units. The necessary Sound Transmission Class and transmission losses for all glass assemblies are provided in Table 1.The modeled results with an anticipated interior noise level of 45 dBA CNEL or less are provided as an Attachmentto this report. 8/6/2015 9 1596-02 3050 Madison Street Noise Report Report First BMS Properties,LLC.Lein GansuIfin41010 Pearl Street, #12 42-4.28 Ghisolm Trail,Murrieta 12562La Jolla, CA 92037 phone 7Go-473-1251 Fax 7Go-489-4943 Table 1: Sound Transmission Class Ratings STC Octave Band Transmission Loss (Hz)1 Assembly Rating'125 250 500 1000 2000 4000 Windows 26 21 20 23 25 29 32 Fixed Windows 26 17 16 22 31 35 27 Glass Doors 26 21 24 27 27 24 28 1 STC and Octave ratings used in Model All glass assemblies should be dual-paned and acoustical sealant applied around the exterior edges having an STC 26 rating.No impacts are anticipated with the incorporation of the STC ratings provided in Table 1.If you have any questions, please do not hesitate to contact me directly at (760)473-1253 or by email at jloudenOldnconsulting.net. Sincerely, Ldn Consulting, Inc. Jeremy Louden, Principal Attachments: Interior Noise Model Results 8/6/2015 10 1596-02 3050 Madison Street Noise Report Report ..,... INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 2 Date:8/3/15 Arch Plan:1 Room Type:Bedroom 1 Project #15-96 Exterior Noise Levels Frequency (Hz) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 126 46 27 42 44 46 49 54 Windows Milgard 0 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 42 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -23.3 -23.3 -23.3 -23.3 -23.3 -23.3 Noise Level Increase for Defects and Exposed Surface Area 15.7 15.7 15.7 15.7 15.7 15.7 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 28.7 Building Facade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)37 * Corrections for Façade Level was accounted for in the modeling. :. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 2 Date:8/3/15 Arch Plan:1 Room Type:Bedroom 2 Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 162 46 27 42 44 46 49 54 Windows Milgard 30 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 0 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -21.5 -21.5 -21.5 -21.5 -21.5 -21.5 Noise Level Increase for Defects and Exposed Surface Area 15.7 15.7 15.7 15.7 15.7 15.7 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 27.9 Building Facade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)38 * Corrections for Facade Level was accounted for in the modeling. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 2 Date:8/3/15 Arch Plan:1 Room Type:Bedroom 3 Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 252 46 27 42 44 46 49 54 Windows Milgard 20 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 0 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -21.4 -21.4 -21.4 -21.4 -21.4 -21.4 Noise Level Increase for Defects and Exposed Surface Area 15.7 15.7 15.7 15.7 15.7 15.7 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 29.0 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)37 * Corrections for Fagade Level was accounted for in the modeling. ° INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 2 Date:8/3/15 Arch Plan:1 Room Type:Living Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 765 46 27 42 44 46 49 54 Windows Milgard 158 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 42 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -28.7 -28.7 -28.7 -28.7 -28.7 -28.7 Noise Level Increase for Defects and Exposed Surface Area 18.3 18.3 18.3 18.3 18.3 18.3 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 23.9 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)42 * Corrections for Fagade Level was accounted for in the modeling. -,...4. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 3 Date:8/3/15 Arch Plan:2/3 Room Type:Living Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 594 46 27 42 44 46 49 54 Windows Milgard 167 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 42 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -27.1 -27.1 -27.1 -27.1 -27.1 -27.1 Noise Level Increase for Defects and Exposed Surface Area 18.2 18.2 18.2 18.2 18.2 18.2 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 25.3 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)41 * Corrections for Facade Level was accounted for in the modeling. .,....# INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 3 Date:8/3/15 Arch Plan:2/3 Room Type:Bedroom 1 Project #15-96 Exterior Noise Levels Frequency (Hz) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 126 46 27 42 44 46 49 54 Windows Milgard 30 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 0 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -20.7 -20.7 -20.7 -20.7 -20.7 -20.7 Noise Level Increase for Defects and Exposed Surface Area 15.5 15.5 15.5 15.5 15.5 15.5 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 27.3 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)39 * Corrections for Façade Level was accounted for in the modeling. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 3 Date:8/3/15 Arch Plan:2/3 Room Type:Master Bedroom Project #15-96 Exterior Noise Levels Frequency (Hz) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 99 46 27 42 44 46 49 54 Windows Milgard 0 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 42 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -23.2 -23.2 -23.2 -23.2 -23.2 -23.2 Noise Level Increase for Defects and Exposed Surface Area 15.6 15.6 15.6 15.6 15.6 15.6 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 28.7 Building Facade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)37 * Corrections for Facade Level was accounted for in the modeling. or INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 3 Date:8/3/15 Arch Plan:2/3 Room Type:Nook Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 216 46 27 42 44 46 49 54 Windows Milgard 20 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 0 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -19.4 -19.4 -19.4 -19.4 -19.4 -19.4 Noise Level Increase for Defects and Exposed Surface Area 15.6 15.6 15.6 15.6 15.6 15.6 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 24.2 Building Facade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)42 * Corrections for Facade Level was accounted for in the modeling. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 4 Date:8/3/15 Arch Plan:4 Room Type:Master Bedroom Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 351 46 27 42 44 46 49 54 Windows Milgard 64 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 21 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -23.9 -23.9 -23.9 -23.9 -23.9 -23.9 Noise Level Increase for Defects and Exposed Surface Area 17.5 17.5 17.5 17.5 17.5 17.5 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 25.7 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)40 * Corrections for Fagade Level was accounted for in the modeling. .-...* INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 4 Date:8/3/15 Arch Plan:4 Room Type:Bedroom 1 Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 99 46 27 42 44 46 49 54 Windows Milgard 30 26 21 20 23 25 29 32 Fixed Window Milgard 0 26 17 16 22 31 35 27 Glass Doors Milgard 0 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -19.9 -19.9 -19.9 -19.9 -19.9 -19.9 Noise Level Increase for Defects and Exposed Surface Area 15.4 15.4 15.4 15.4 15.4 15.4 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 26.6 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)39 * Corrections for Fagade Level was accounted for in the modeling. -.. INTERIOR NOISE CALCULATIONS Project Name:3050 Madison Street Ldn Consulting, Inc. Building (s)All Floor Level 4 Date:8/3/15 Arch Plan:4 Room Type:Living Project #15-96 Exterior Noise Levels Frequency (Hz.) dBA CNEL*125 250 500 1000 2000 4000 Exterior Noise Level (Traffic Spectrum)65.9 51.9 56.6 59.4 61.7 58.6 52.9 Transmission Loss (TL) Transmission Loss (dB) Exterior Frequency (Hz.) Assembly Source Area STC 125 250 500 1000 2000 4000 Stucco NBS W-50-71 738 46 27 42 44 46 49 54 Windows Milgard 105 26 21 20 23 25 29 32 Fixed Window Milgard 22 26 17 16 22 31 35 27 Glass Doors Milgard 44 26 21 24 27 27 24 28 Exterior Door NBS Monograph 77 0 26 16 14 23 30 36 26 Room Absorption (RA) Absorption Coefficients Interior Frequency (Hz.) Characteristics Source NRC 125 250 500 1000 2000 4000 Carpet Army TM 5-805-4 0.28 0.15 0.17 0.12 0.32 0.52 0.30 Furnishings Army TM 5-805-4 0.45 0.32 0.29 0.42 0.58 0.60 0.48 Drywall Netwell 0.07 0.09 0.08 0.05 0.03 0.06 0.09 Overall Absorption Factor (Furnished Room)0.8 0.56 0.54 0.59 0.93 1.18 0.87 Noise Reduction 125 250 500 1000 2000 4000 Noise Reduction from Absorption based upon Floor Area -26.3 -26.3 -26.3 -26.3 -26.3 -26.3 Noise Level Increase for Defects and Exposed Surface Area 19.0 19.0 19.0 19.0 19.0 19.0 Overall Reduction from Tranmission Loss + Room Absorption -Surface Exposure 21.9 Building Façade Noise Level (dBA CNEL)65.9 Resultant Interior Noise Level (dBA CNEL)44 * Corrections for Fagade Level was accounted for in the modeling. ti CHICAGO TITLE COMPANY PRELIMINARY REPORT Order No.:73715011869-RCM Property:3050 Madison Street Carlsbad, CA 92008 In response to the application for a policy of title insurance referenced herein,Chicago Title Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount of Insurance is less than that set forth in the arbitration clause, all 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 CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.Copies of the policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the 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. Chicago Title Insurance Company By: Alitt.414 Countersigned By:Os kistywittpu0R4/.Q.1 0 to'''.1-pout listLow 4 .Proof 3 President b‘.jp.affir O.Attest: Authorized Officer or Agent .- •* *-Or *4014'"'"•^%.--. Secretary CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1-15-73715011869 Visit Us on our Website:www.ctic.com Fic14AGNOYTITLE ISSUING OFFICE:2365 Northside Drive, Suite 600, San Diego, CA 92108 FOR SETTLEMENT INQUIRIES, CONTACT: •FAX PRELIMINARY REPORT Title Officer:Richard Cesar Moore Customer: Email:moorer@ctt.com Email: Phone No.:(619)521-3590 Phone No.: Fax No.:(619)521-3690 Fax No.: Title No.: 73715011869-RCM Ref. No.: PROPERTY ADDRESS(ES): 3050 Madison Street, Carlsbad, CA EFFECTIVE DATE:August 26, 2015 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy 1990 (04-08-14) ALTA Loan Policy 2006 1.The estate or interest in the Land hereinafter described or referred to covered by this Report is: Fee 2.Title to said estate or interest at the date hereof is vested in: First BMS Properties, LLC, a California Limited Liability Company 3.The Land referred to in this Report is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1-15-73715011869 EXHIBIT "A" Legal Description For APN/Parcel ID(s):203-351-03-00 Lots 9 and 10 in Block 48 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 and 775, filed in the Office of the County Recorder of San Diego County May 2,1888 and February 15, 1894, respectively. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1-15-73715011869 Title No.:73715011869-RCM AT THE DATE HEREOF,EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. 2.Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.:849-102-11 -05 Fiscal Year:2014-2015 1st Installment:$876.51, open Penalty:$87.65 Delinquent:December 10, 2015 2nd Installment:$876.51, open Penalty:$97.65 Delinquent:April 10, 2016 Code Area:09098 3.Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.:849-102-11-14 Fiscal Year:2014-2015 1st Installment:$305.91, open Penalty:$30.59 Delinquent:December 10,2015 2nd Installment:$305.91, open Penalty:$40.59 Delinquent:April 10, 2016 Code Area:09098 4.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. 5.Property taxes, including any personal property taxes and any assessments collected with taxes, are paid.For proration purposes the amounts were: Tax Identification No.:203-351 -03-00 Fiscal Year:2014-2015 1st Installment:$47.89 2nd Installment $47.89 Code Area:09098 CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1 -15-73715011869 Title No.:73715011869-RCM 6.Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.:847-400-24-94 Fiscal Year:2014-2015 1st Installment:$2,526.97, paid 2nd Installment:$2,526.97, paid Code Area:09098 7.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. 8.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. 9.Any 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. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1 -15-73715011869 Title No.:73715011869-RCM NOTES Note 1.If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions.Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document.Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 2.If this company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts.The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period of from two to five business days after the day deposited.In the event that the parties to the contemplated transaction wish to record prior to the time that the funds are available for disbursement (and subject to Company approval), the Company will require the prior written consent of the parties.Upon request,a form acceptable to the company authorizing said early recording may be provided to Escrow for execution. Wire Transfers There is no mandated hold period for funds deposited by confirmed wire transfer.The Company may disburse such funds the same day. Note 3.Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third-party service.If the above requirements cannot be met, please call the company at the number provided in this report. Note 4.Your application for title insurance was placed by reference to only a street address or tax identification number.Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested.If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note 5.Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. Note 6.A Preliminary Change of Ownership form is required upon a change in ownership of the Land. Section 480 of the Revenue and Taxation Code of the State of California requires that a grantee of real property complete a Preliminary Change of Ownership statement, which is to be filed at the time that a grant deed is recorded.In the event that the statement is not completed and presented at the time of the recording of the deed, the recorder will assess the grantee an additional charge to record the deed. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1-15-73715011869 Title No.:73715011869-RCM Note 7.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company:First BMS Properties, LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company,a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed,is in good standing and authorized to do business in the state of origin. e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Note 8.Note:The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:North County Health Project Incorporated,a California nonprofit corporation, which was depicted when title was acquired as North County Health Project, Inc. Grantee:First BMS Properties, LLC, a California Limited Liability Company Recording Date:February 3, 2015 Recording No.:2015-0048701 Official Records Note 9.Note:The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land commercial building, known as 3050 Madison Street, Carlsbad, CA, to an Extended Coverage Loan Policy. Note 10.Note:None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. END OF NOTES CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:09.02.15 @ 01:29 PM CA-CT-FWDO-02180.055820-SPS-1-15-73715011869 ATTACHMENT ONE 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 and 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 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. 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 or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16,18,19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A $10,000.00 or $2,500.00 (whichever is less) Covered Risk 18:1.00% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 19:1.00% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21:1.00% of Policy Amount Shown in Schedule A $5,000.00 Or $2,500.00 (whichever is less) Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1 -87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: •land use •improvements on the land •land division •environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it, unless: •a notice of exercising the right appears in the public records on the Policy Date •the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3.Title Risks: •that are created, allowed, or agreed to by you •that are known to you, but not to us, on the Policy Date-unless they appeared in the public records •that result in no loss to you •that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4.Failure to pay value for your title. 5.Lack ofa right: •to any land outside the area specifically described and referred to in Item 3 of Schedule A Or •in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision 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) that 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, 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. Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision 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 10); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state 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) that 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, 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. Attachment One (06/03/11) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which 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 5,6,13(c), 13(d), 14 or 16. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse 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 11,16, 17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it,to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (06/03/11) FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective:May 1, 2015 Order No.:73715011869-LB Fidelity National Financial,Inc.and its majority-owned subsidiary and third party websites that you have visited in the past in order to companies providing real estate-and loan-related services enhance your next visit to the Website. You can choose whether or (collectively,"FNF","our"or "we")respect and are committed to not to accept cookies by changing the settings of your Internet protecting your privacy. This Privacy Notice lets you know how and browser,but some functionality of the Website may be impaired or for what purposes your Personal Information (as defined herein) is not function as intended. See the Third Party Opt Out section below. being collected,processed and used by FNF.We pledge that we Web Beacons.Some of our web pages and electronicwill take reasonable steps to ensure that your Personal Information communications may contain images,which may or may not be will only be used in ways that are in compliance with this Privacy visible to you,known as Web Beacons (sometimes referred to as Notice.The provision of this Privacy Notice to you does not create '.clear gifs").Web Beacons collect only limited information that any express or implied relationship, or create any express or implied includes a cookie number;time and date of a page view;and a duty or other obligation, between Fidelity National Financial, Inc. and description of the page on which the Web Beacon resides. We may you.See also No Representations or Warranties below.also carry Web Beacons placed by third party advertisers.These This Privacy Notice is only in effect for any generic information and Web Beacons do not carry any Personal Information and are only Personal Information collected and/or owned by FNF,including used to track usage of the Website and activities associated with collection through any FNF website and any online features,the Website. See the Third Party Opt Out section below. services and/or programs offered by FNF (collectively,the Unique Identifier.We may assign you a unique internal "Website"). This Privacy Notice is not applicable to any other web identifier to help keep track of your future visits. We may use thispages,mobile applications,social media sites,email lists,generic information to gather aggregate demographic information about ourinformation or Personal Information collected and/or owned by any visitors,and we may use it to personalize the information you seeentity other than FNF.on the Website and some of the electronic communications you How Information is Collected receive from us. We keep this information for our internal use, and The types of personal information FNF collects may include, among this information is not shared with others. other things (collectively,"Personal Information"):(1)contact Third Party Opt Out.Although we do not presently,in the future information (e.g.,name,address,phone number,email address);we may allow third-party companies to serve advertisements and/or (2)demographic information (e.g.,date of birth,gender marital collect certain anonymous information when you visit the Website. status);(3)Internet protocol (or IP) address or device ID/UDID;(4)These companies may use non-personally identifiable informationsocialsecuritynumber(SSN),student ID (SIN),driver's license,(e.g., click stream information, browser type, time and date, subjectpassport,and other government ID numbers;(5) financial account of advertisements clicked or scrolled over) during your visits to theinformation;and (6)information related to offenses or criminal Website in order to provide advertisements about products andconvictions.services likely to be of greater interest to you.These companies In the course of our business, we may collect Personal Information typically use a cookie or third party Web Beacon to collect thisabout you from the following sources:information,as further described above.Through these•Applications or other forms we receive from you or your technologies,the third party may have access to and use authorized representative;non-personalized information about your online usage activity.•Information we receive from you through the Website;You can opt-out of certain online behavioral services through any•Information about your transactions with or services performed by us, our affiliates, or others; and one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no•From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain longer be as relevant to you. directly from those entities, or from our affiliates or others.•You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertisinq.orq/.Additional Ways Information is Collected Through the Website •You can opt-out via the Consumer Choice Page at Browser Log Files. Our servers automatically log each visitor www. a boutad s.info. to the Website and collect and record certain information about •For those in the U.K., you can opt-out via the IAB UK's industry each visitor.This information may include IP address,browser opt-out at www.youronlinechoices.com. language, browser type, operating system, domain names, browsing •You can configure your web browser (Chrome, Firefox, Internet history (including time spent at a domain,time and date of your Explorer, Safari, etc.) to delete and/or control the use of visit), referring/exit web pages and URLs, and number of clicks. The cookies. domain name and IP address reveal nothing personal about the More information can be found in the Help system of your browser. user other than the IP address from which the user has accessed Note: If you opt-out as described above, you should not delete your the Website.cookies. If you delete your cookies, you will need to opt-out again. Cookies.From time to time,FNF or other third parties may Use of Personal Information send a "cookie" to your computer. A cookie is a small piece of data Information collected by FNF is used for three main purposes: that is sent to your Internet browser from a web server and stored •To provide products and services to you or one or more third on your computer's hard drive and that can be re-sent to the serving party service providers (collectively,"Third Parties")who are website on subsequent visits. A cookie, by itself, cannot read other obtaining services on your behalf or in connection with a data from your hard disk or read other cookie files already on your transaction involving you. computer.A cookie,by itself,does not damage your system.We,•To improve our products and services that we perform for you our advertisers and other third parties may use cookies to identify or for Third Parties. and keep track of, among other things, those areas of the Website •To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Privacy Statement Printed:09.02.15 @ 01:29 PM by AW SCA0002597.doc / Updated:05.01.15 ----73715011869 o' When Information Is Disclosed By FNF any breach of security by any third parties or for any actions of any We may provide your Personal Information (excluding information third parties that receive any of the information that is disclosed to we receive from consumer or other credit reporting agencies)to us. various individuals and companies,as permitted by law,without Information From Childrenobtainingyourpriorauthorization.Such laws do not allow We do not collect Personal Information from any person that weconsumerstorestrict these disclosures.Disclosures may include,know to be under the age of thirteen (13). Specifically, the Websitewithout limitation, the following:is not intended or designed to attract children under the age of•To agents,brokers,representatives,or others to provide you thirteen (13).You affirm that you are either more than 18 years ofwith services you have requested, and to enable us to detect or age, or an emancipated minor, or possess legal parental or guardianprevent criminal activity,fraud,material misrepresentation,or consent,and are fully able and competent to enter into the terms,nondisclosure in connection with an insurance transaction;conditions, obligations, affirmations, representations, and warranties•To third-party contractors or service providers who provide set forth in this Privacy Notice, and to abide by and comply with thisservicesor perform marketing services or other functions on Privacy Notice.In any case, you affirm that you are over the age ofour behalf;13,as THE WEBSITE IS NOT INTENDED FOR CHILDREN•To law enforcement or other governmental authority in UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HERconnection with an investigation, or civil or criminal subpoenas PARENT OR LEGAL GUARDIAN.or court orders; and/or •To lenders,lien holders,judgment creditors,or other parties Parents should be aware that FNF's Privacy Notice will govern our claiming an encumbrance or an interest in title whose claim or use of Personal Information,but also that information that is interest must be determined, settled, paid or released prior to a voluntarily given by children —or others —in email exchanges, title or escrow closing.bulletin boards or the like may be used by other parties to generate unsolicited communications.FNF encourages all parents to instruct In addition to the other times when we might disclose information their children in the safe and responsible use of their Personalabout you, we might also disclose information when required by law Information while using the Internet.or in the good-faith belief that such disclosure is necessary to:(1) comply with a legal process or applicable laws;(2)enforce this Privacy Outside the Website Privacy Notice; (3) respond to claims that any materials, documents,The Website may contain various links to other websites, including images,graphics,logos,designs,audio,video and any other links to various third party service providers. FNF is not and cannot information provided by you violates the rights of third parties; or (4)be responsible for the privacy practices or the content of any of protect the rights,property or personal safety of FNF,its users or those other websites.Other than under agreements with certain the public.reputable organizations and companies,and except for third party service providers whose services either we use or you voluntarilyWemaintainreasonablesafeguardstokeepthePersonalelect to utilize, we do not share any of the Personal Information thatInformationthatisdisclosedtoussecure.We provide Personal you provide to us with any of the websites to which the WebsiteInformationandnon-Personal Information to our subsidiaries,links,although we may share aggregate,non-Personal Informationaffiliatedcompanies,and other businesses or persons for the with those other third parties.Please check with those websites inpurposesofprocessingsuchinformationonourbehalfand promoting the services of our trusted business partners, some or all order to determine their privacy policies and your rights under them. of which may store your information on servers outside of the United European Union Users States.We require that these parties agree to process such If you are a citizen of the European Union, please note that we may information in compliance with our Privacy Notice or in a similar,transfer your Personal Information outside the European Union for industry-standard manner,and we use reasonable efforts to limit use for any of the purposes described in this Privacy Notice.By their use of such information and to use other appropriate providing FNF with your Personal Information, you consent to both confidentiality and security measures.The use of your information our collection and such transfer of your Personal Information in by one of our trusted business partners may be subject to that accordance with this Privacy Notice. party's own Privacy Notice.We do not,however,disclose Choices With Your Personal Information information we collect from consumer or credit reporting agencies Whether you submit Personal Information to FNF is entirely up to with our affiliates or others without your consent,in conformity with you.You may decide not to submit Personal Information,in which applicable law,unless such disclosure is otherwise permitted by case FNF may not be able to provide certain services or products to law.you. We also reserve the right to disclose Personal Information and/or You may choose to prevent FNF from disclosing or using your non-Personal Information to take precautions against liability,Personal Information under certain circumstances ("opt out").You investigate and defend against any third-party claims or allegations,may opt out of any disclosure or use of your Personal Information assist government enforcement agencies,protect the security or for purposes that are incompatible with the purpose(s) for which it integrity of the Website, and protect the rights, property, or personal was originally collected or for which you subsequently gave safety of FNF, our users or others.authorization by notifying us by one of the methods at the end of this We reserve the right to transfer your Personal Information,as well Privacy Notice. Furthermore, even where your Personal Information as any other information,in connection with the sale or other is to be disclosed and used in accordance with the stated purposes disposition of all or part of the FNF business and/or assets. We also in this Privacy Notice, you may elect to opt out of such disclosure to cannot make any representations regarding the use or transfer of and use by a third party that is not acting as an agent of FNF. As your Personal Information or other information that we may have in described above,there are some uses from which you cannot the event of our bankruptcy, reorganization, insolvency, receivership opt-out. or an assignment for the benefit of creditors,and you expressly Please note that opting out of the disclosure and use of your agree and consent to the use and/or transfer of your Personal Personal Information as a prospective employee may prevent you Information or other information in connection with a sale or transfer from being hired as an employee by FNF to the extent that provision of some or all of our assets in any of the above described of your Personal Information is required to apply for an open proceedings. Furthermore, we cannot and will not be responsible for position. Privacy Statement Printed:09.02.15 @ 01:29 PM by AW SCA0002597.doc /Updated:05.01.15 ---73715011869 •If FNF collects Personal Information from you, such information will The mortgage loan servicer is responsible for taking action or not be disclosed or used by FNF for purposes that are incompatible making changes to any consumer information submitted with the purpose(s) for which it was originally collected or for which through this website.For example,if you believe that your you subsequently gave authorization unless you affirmatively payment or user information is incorrect,you must contact consent to such disclosure and use.your mortgage loan servicer. You may opt out of online behavioral advertising by following the CCN does not share consumer information with third parties, otherinstructionssetforthaboveundertheabovesection"Additional than those with which the mortgage loan servicer has contracted toWaysThatInformationIsCollectedThroughtheWebsite,"interface with the CCN application.subsection "Third Party Opt Out."All sections of the FNF Privacy Notice apply to your interaction withAccess and Correction CCN,except for the sections titled Choices with Your Personal To access your Personal Information in the possession of FNF and Information and Access and Correction.If you have questionscorrectinaccuraciesofthatinformationinourrecords,please regarding the choices you have with regard to your personalcontact us in the manner specified at the end of this Privacy Notice.information or how to access or correct your personal information,We ask individuals to identify themselves and the information you should contact your mortgage loan servicer. requested to be accessed and amended before processing such requests,and we may decline to process requests in limited No Representations or Warranties circumstances as permitted by applicable privacy legislation.By providing this Privacy Notice,Fidelity National Financial,Inc. does not make any representations or warranties whatsoeverYour California Privacy Rights concerning any products or services provided to you by itsUnderCalifornia's "Shine the Light"law,California residents who majority-owned subsidiaries.In addition,you also expressly agreeprovide certain personally identifiable information in connection with that your use of the Website is at your own risk.Any servicesobtaining products or services for personal, family or household use provided to you by Fidelity National Financial,Inc.and/or theareentitledtorequestandobtainfromusonceacalendar year Website are provided "as is" and "as available" for your use, withoutinformation about the customer information we shared,if any, with representations or warranties of any kind, either express or implied,other businesses for their own direct marketing uses.If applicable,unless such warranties are legally incapable of exclusion.Fidelity this information would include the categories of customer National Financial,Inc.makes no representations or warranties thatinformation and the names and addresses of those businesses with any services provided to you by it or the Website, or any serviceswhichwesharedcustomerinformationfortheimmediatelypriorofferedinconnectionwiththeWebsiteareorwillremain calendar year (e.g., requests made in 2015 will receive information uninterrupted or error-free, that defects will be corrected, or that the regarding 2014 sharing activities).web pages on or accessed through the Website, or the servers used To obtain this information on behalf of FNF,please send an email in connection with the Website,are or will remain free from any message to privacv@fnf.com with "Request for California Privacy viruses,worms,time bombs,drop dead devices,Trojan horses or Information" in the subject line and in the body of your message. We other harmful components.Any liability of Fidelity National will provide the requested information to you at your email address Financial,Inc. and your exclusive remedy with respect to the use of in response.any product or service provided by Fidelity National Financial,Inc. Please be aware that not all information sharing is covered by the including on or accessed through the Website,will be the "Shine the Light"requirements and only information on covered re-performance of such service found to be inadequate. sharing will be included in our response.Your Consent To This Privacy Notice Additionally,because we may collect your Personal Information By submitting Personal Information to FNF,you consent to the collection and use of information by us as specified above or aswellecfrom time to time, California's Online Privacy Protection Act requires co us to disclose how we respond to "do not track" requests and other otherwise see fit, in compliance with this Privacy Notice, unless you similar mechanisms.Currently,our policy is that we do not inform us otherwise by means of the procedure identified below.If recognize "do not track" requests from Internet browsers and similar we decide to change this Privacy Notice, we will make an effort to devices.post those changes on the Website.Each time we collect information from you following any amendment of this PrivacyFNF Compliance with California Online Privacy Protection Act Notice will signify your assent to and acceptance of its revised termsFor some websites which FNF or one of its companies owns, such for all previously collected information and information collectedastheCustomer CareNet ("CCN"),FNF is acting as a third party from you in the future.We may use comments,information orservice provider to a mortgage loan servicer.In those instances, we feedback that you may submit in any manner that we may choosemaycollectcertaininformationonbehalfofthatmortgageloanwithout notice or compensation to you.servicer for fulfilling a service to that mortgage loan servicer.For example, you may access CCN to complete a transaction with your If you have additional questions or comments, please let us know by mortgage loan servicer.During this transaction,the information sending your comments or requests to: which we may collect on behalf of the mortgage loan servicer is as Fidelity National Financial, Inc. follows:601 Riverside Avenue•First and Last Name Jacksonville, Florida 32204•Property Address Attn: Chief Privacy Officer•User Name (888) 934-3354•Password privacv@fnf.com•Loan Number •Social Security Number -masked upon entry Copyright © 2015. Fidelity National Financial, Inc.•Email Address All Rights Reserved.•Three Security Questions and Answers •IP Address EFFECTIVE AS OF:MAY 1,2015 The information you submit is then transferred to your mortgage loan servicer by way of CCN. Privacy Statement Printed:09.02.15 @ 01:29 PM by AW SCA0002597.doc / Updated:05.01.15 ---73715011869 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions,a preliminary report or commitment.Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate.As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative.These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount.These discounts only apply to transactions involving services rendered by the FNF Family of Companies.This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company.The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies Underwritten by FNF Underwriters CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within twelve (12) to thirty-six (36) months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (CTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area,which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%)to seventy percent (70%)of the appropriate title insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be thirty-two percent (32%)to fifty percent (50%)of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts Printed:09.02.15 @ 01:30 PM by AW SCA0002598.doc /Updated:12.05.14 ----73715011869