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HomeMy WebLinkAboutRP 2018-0011; DKN HOTEL; Review Permit (RP){"cuyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Plannln1 Division 1635 Faraday Avenue (760) 602-4610 www.c1rlsbadca.1ov APPLICATIONS APPLleD FOR: (CHl!CK 80Xl!8) (FOR DEPT. USE ONI. I') Llllfl(lt/n ,.,,,,.,,, ll'OR DEPT. USE ONL I') (XI_ Coa•tal Developmant hrmlt ~ Minor 0 Condltlonal UH Permit D Minor O Extension D Day car. (Larga) 0 Envlronmantal Impact Aa•H •ment 0 Habitat M•n•gem•nt Permit O Minor 0 Hlllslde Development Permit O Minor 0 Nonconforming Construction hrmlt 0 Planned Development Permit O Minor 0 Residential O Non-Resldantl•I 0 Planning Comml•elon Determination 0 Rea•onable Accommodation 0 Sita D.,,.,opment Plan 0 Spacial U.a Permit OMlnor 0 Tent•tlve Parcel Map (Minor Subdlvlalon) 0 Tentative Tract Map (M•Jo, Subdlvl•lon) 61] V•rlanc• Ix] Minor C'D I' '24l&-o..-,,__i._ ';_/) I 0, -l)O() 'j 0 General Plan Amendment 0 Local CDHt•I Program Amendment 0 Master Plan 0 Spaclftc Plan 0 zone c11•1111• 0 Amendment D Amendment 0 Zone Coda Amendment §outh Cfd,'Md Gan':lf BtrM&H PpnnJg D Ravtawhrmlt 0 Admlnlllr•Uve O Minor O Major WlaRt Blrt!wAtft e,m,fff !SQ Review Permit I&! Administrative O Minor O Major NOTa: A P-D l'IIDJICT IIIQUINNG APl'UCAllON •UBIIITTAL 11111T BE •IIIIIITnll BY APPOINTIIENT'. PUAII CONTACT'l'HI-OllfflllNT IPIICIAUST AT (7IOJ IOZ4m TO IICHl!DULI! AN APPOINTMINT, '1AM AYAII.MLI ASSESSOR PARCEL NO(S): 203-250-08 & 203-250-26 LOCATION OF PROJECT: 3136 Carlsbad Blvd. ~=-===-=-==---------------------- NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: Cmmty Health Pc:pt PROJECT VALUE (STREIIT ADDRESS) Springhill Suites Hotel Fence Height Variance An increase in the allowable height of a pool fence per the reguiements of San Diego ESTIMATED COMPLETION DATE (SITE IMPROVEMENTS) _.s,..1...,s, .. 000 ...... ____ _ December 2018 FOR CITY use ONLY Devalopm•nt No. i) f:v' 0 ,;;-0 I 9 P-1 Page 1 ol 8 RevlNd 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): KiranDah~ INDIVIDUAL NAME (W applicable): !Gran Dahya COMPANY NAME COMPANY NAME DKN Hotels (if applicable): SCHotelLLC (if applicable): MAILING ADDRESS: 42 Comorate Park #200 MAILING ADDRESS: 42 Co!J1orate Park #200 CITY, STATE, ZIP: Irvine, CA 22!iQ!i CITY, STATE, ZIP: In:icc Cl! 22fi0fi TELEPHONE: !714l 427-4369 TELEPHONE: (714) 427-4369 EMAIL ADDRESS: lar!:l'.E!@dknhotels.com EMAIL ADDRESS: lar!:l'.E!@dknhotels.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICptN, 8[2-7!/f ~Cl».Q~ e{i7/ f'i r u,.o,,.t'\ • \.. ..,\ • J1.JA \,. ,I'\ C-,,, SIGNATURE ' ~ DAiE SIGNATURE ' ( DATE APPLICANrs REPRESENTATIVE (Print): Paull• Klukas -PLANNING SYSTEMS MAILING ADDRESS: 1530 Faraday Ave., Suite 100 CITY, STATE, ZIP: Caclsbad, Cl! 22008 TELEPHONE: (ZfiOl 231-!lZIIO i:xl Hl!I EMAIL ADDRESS: eklukasfli!elanningmtems.net I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURP~S OF THIS APPLICATION AND THAT ALL THE ABOVE INFO TION IS TRUE AND CORRECT TO THE BEST OF MY KN~~ ti SIGNATURE ')vz....a--, DA~-1, 7,..! k 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. l,WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~~OW~~GWfuRE FOR CITY USE ONLY P-1 Page2of6 RECEIVED SEP O 5 2018 CITY OF CARLSBAD DATE ti't,G(M)ll[)11J:l~Oditt'ltljij ~EIVEO RECEIVED BY: Revised 03117 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 Gulde" 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 permlttee remains In compliance with the subject approved permit. Signature r \MD.~ !l~kl \,,.-111).... Date: g/2-7[1, \ C 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 compliance with the subject approved permit. f( {z,I If Signature \C.\.Wl"' j)a\,-::1f:,, Date: ....... \ P.1 Page 3 of 6 Revised 03/17 ,,· {"city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannlna Division 1635 Faraday Avanue (760) 602-4610 www.carlsbadca.sov 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 lnfOITil8tlon .MWiI be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Pleesa print. Note: Pe111on Is defined as "Any lndjvfdual, !Inn, co-partnership, joint vantura, association, social club, fratamal organization, coiponitlon, estate, trust, receiver, syndicate, In this and any othar county, city and county, city munlcfpallty, district or other polltlcal subc:livlllon or any other group or combination acting as a unit." Agents may sign this document; however, the lagal nama and antlty 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 Ab!: persons having a financial Interest In the appllcation. 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 pybHcly-owned corporation. Include the names, titles, and addresses of the corporate officers. (A saparete page may be attached If necessary.) Person Dahyabhal Patel, Trustee Corp/Part Shantaben Patel, Trustee Title Member Title Member • __ .;;.;.;=;.;;.;. ______ _ Address 42 Corporate Park Suite 200 Address 42 Corporate Park Suite 200 INine, CA 92606 Irvine, CA 92606 2. OWNER (Not the owner's agent) P.1(A) Provide the COMPLETE, LEGAL names and addresses of & 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 corporaljpn pr partnership, include the names, titles, addresses of ali Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person Dahyabhai Patel, Trustee Corp/Part Shantaben Patel, Trustee TIiie Member Title Member ,_....;.;.;.;;;.;;.;.;;;;.;~-------- Address 42 Corporate Park, Suite 200 Address 42 Corporate Park, Suite 200 Irvine, CA 92606 ......:;lrvc..:.:;.;inc;;e,'-'C;:.:A.;.9;:.:2;:.:6;..:;06.::..... _____ _ Page 1 c,12 Rtvlsad 07110 r- 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 Profitrrrust~-------- Title___________ Title ____________ _ Address. _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted wijh any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above Information is true and correct to the best of my knowledge. Signature of owner/date L Signature of appllcanUdate C Klran Dahya, Manager of SC Hotel, LLC Print or type name of owner Kiran Dahya, Manager of SC Hotel, LLC Print or type name of applicant Signature of ownei'iapplicant's agerlt if applicable/date Kiran Dahya, Manager of SC Hotel, LLC Print or type name of owner/applicant's agent P.1(A) Page 2 of 2 Revised 0711 O Ccityof Carlsbad PROJECT DESCRIPTION P-1 (B) j Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PRoJEcT NAME: DKN Pool Fence Height Variance APPLICANT NAME: DKN Hotels Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project involves the construction ofa 13-foot high fence along a 29-foot length of the perimeter wall on the DKN Hotel (Marriott Springhill Suites) which is presently under construction at 3136 Carlsbad Blvd. This height fence is required due to San Diego County Dept. of Environmental Health (DEH) enforcement of Section 3119.B. l .3 of the California Code of Regulations Title 22, Chapter 20 Public Swimming Pools, which states that "No planters or other structures that can be climbed shall be permitted within 5 feet of the outside of the pool enclosure." A storage shed exists on the adjacent property within 32-inches of the perimeter wall location. Thus the required 5-feet is not maintained. The swimming pool has been designed and approved in the configuration and location adjacent to this property line. DEH has indicated that a raising of the height to 13-feet along the length of wall adjacent to the storage shed will satisfy the requirement. This section is wholly adjacent to an interior lot, and is not visible from any exterior or public view. The 13-foot high length of wall would consist of8-foot high block with stucco finish, with four pilasters for aesthetic shadowing. On top of the block wall, a 5-foot high section of aluminum fence with 3" square tube posts, similar in appearance to wrought iron, is proposed. Every effort has been made to ensure that the 28-foot long, 13-foot high section, is aesthetically pleasing. P-1(8) Page 1 of 1 Revised 07/10 ,. JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets ea'ch of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: See Attached Sheet 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: See Attached Sheet 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: See Attached Sheet 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: See Attached Sheet 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. See Attached Sheet P-4 Page4 of4 Revised 03/17 JUSTIFICATION FOR VARIANCE 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: The project possesses special circumstances. The site layout and building layout of the hotel project were approved by the City of Carlsbad in 2007 and has been extended several times per City guidelines. The location of the pool was identified in the approved preliminary plans and the final construction drawings. The subject project is a dense, urban hotel, on a very irregularly-shaped property, surrounded by urban development. The hotel project is presently well under construction. This pool location is 6-feet from the perimeter wall. The pool is only 13-feet wide, 9-feet from the below-grade garage structure, and JO-feet from the above-grade 3-story hotel wall. A final pool permit approval is needed from the San Diego County Dept. of Environmental Health (DEH) before the pool can be constructed consistent with the approved plans. During this recent, final DEH review, the DEH identified an issue with the placement of the pool regarding compliance with Section 3119.B. l .3 of the California Code of Regulations Title 22, Chapter 20 Public Swimming Pools, which states that "No planters or other structures that can be climbed shall be permitted within 5 feet of the outside of the pool enclosure." A storage shed exists on the adjacent property within 32-inches of the property line, which is the proposed perimeter wall location. DEH has interpreted that the shed is a "climbable structure" and thus the required 5-feet is not maintained. The fact that a storage shed is a climbable structure is an interpretation that the applicant's design team and others consulted has not before observed. Climbing this storage shed would necessarily involve using a I 0-foot ladder. No other method of climbing the structure by a person or child is feasible. If a child uses a ladder to scale the shed because they wish to enter into the pool area, it would seem that they would simply use the ladder to scale the perimeter wall (which is required by code to only be 5-feet in height). But nonetheless, DEH interpretation is that a 5-foot buffer area (or its equivalent in wall barrier height) is required due to the proximity of the pool to this offsite storage shed. DEH has indicated that a wall that maintains a 5-foot "arc" radius from the top of wall to the nearest point of the top surface of the shed would provide the functional equivalent of the required 5-foot buffer. This required wall height is 13-feet. The storage shed on the adjacent property is 21.5-feet in length. Thus the 13-foot high wall section must be 26-feet long. In order to be aesthetically pleasing from the hotel, the applicant is proposing this wall section to include four pilasters, 8-feet apart. Therefore the total length of the 13-foot high section is 29- feet. The balance of the perimeter wall is 6-feet in height. Many other properties in the vicinity enjoy pools equally close_to. perimeter walls. These include the hotel at 3100 Ocean St., apartments at 165 Juniper Ave., apartments at 320 Acacia Ave., apartments at 265 Chinquapin Ave., apartments at 3266 Harding St., apartments at 315 and 351 Acacia Ave., condos at 577 Laguna Dr., apartments at 2605 Jefferson St., and many others. These projects are also urban, and include hotels, apartments and condominiums, all of which are subject to the same DEH public pool rules as the subject project. However, the DEH interpretation that an adjacent I 0-foot high structure with eave could be "climbed" referenced above was evidently not made on these properties. The applicant disagrees with this interpretation by DEH. Indeed, any property with an adjacent building would appear to violate the subject code section interpretation. However, as such, the proposed project is being deprived of a privilege (ability to design a pool adjacent to a perimeter wall) enjoyed by other properties in Carlsbad. ,• 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties iu the vicinity and zone in which the subject property is location and is subject to any conditions necessary to assure compliance with this finding: If the DEH continues to interpret that a structure, no matter how high or difficult to ascend, is "climbable", all future projects with pools will be designed with the pool in an internal location, away from a perimeter wall. Thus the granting of this variance for an approved project which is presently under construction, is not a grant of special privileges. 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: The use or activity authorized is a swimming pool and perimeter wall. These are uses that are authorized by the zone regulation governing the C-T Zone. 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: The proposed perimeter wall height variance is a minor action, and will not affect the land use or the general purpose and intent of the General Plan or the Village Master Plan. 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources: The C-T Zone is the implementation of the local coastal program for this area of the city. The wall is wholly adjacent to an interior lot, and is not visible from any exterior or public view. No coastal resources exist on the subject lot or the adjacent lot. The variance does not reduce or in any manner adversely affect the protection of coastal resources. I j, I"' ----------~::....------------- {"city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:Kiran Dahya -DKN Hotels Address: 42 Corporate Park #200 Irvine, CA 92606 Phone Number: (714) 427-4369 Address of Site:3136 Carlsbad Blvd. PROPERTY OWNER Name: SC Hotel LLC Address: 42 Corporate Park #200 Irvine, CA 92606 Phone Number: (714) 427-4369 Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parc~I number:203-250-08 & 203-250-26 Specify list(s):_N_o_n_e __________________________ _ Regulatory Identification Number:,_N_f_A ____________________ _ Date of List:_N_f_A ___________________________ _ Applicant Signature/Date • The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.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.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 (city of Carlsliad MINOR COAST AL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE. APPLICATION P-6 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a-Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the detem1ination of tliis project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. • New Residential Square Footage: ______ square feet x $ ___ ~/sq. ft. = $ _________ _ • Residential Addition Square Footage: ______ square feet x $ ____ ./sq. ft. = $. _________ _ • Any Garage Square Footage: ______ square feet x $ ___ ~/sq. ft.=$. _________ _ • Residential Conversion Square Footage: ______ square feet x $ ____ ./sq. ft. = $, _________ _ • Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ _ ___,/sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE: $---=-'--1-1..:0:..o.:_::_o..:.... _O.:_() _____ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate)~ 2. A Coastal Development Permit ($60,000 or more cost estimate) D C. Street address of proposed development :SI 3b c~ulS-A-o '""c>. P-6 Page 1 of6 Revised 05/17 0 D. Assessor's Parcel Number 6f proposed development "U) J -1.r <1 -o <l i i.03 -'2.S" o --i.6 E. Development Description: Briefly describe project: FetJ t£ ijt I"" 111' 1/PA.tltN CAs T• P.J(..Lt!~r € eet,J c/4 tJ:e 1 6-1-tf ro , 1 ' F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: <..OMMe/l-U>r '-/te 'T,+t L South: @,fS IO &N1 I ,4-~ East: _ ___,,'-::.:'~"'....::"°:...:....,vc.:rJ.:..._,.,d:_J_,,e,__. _________________ _ West: _ ___;:_c.,4....:...c..../l,,l.,.....:..c.S-"-0----'A-'9~_cr_1,,v_O_. ______________ _ G. Is project located within a 100-year flood plain? Dves [){INo II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 18/Yes 0No If yes, please describe. 1to1e1.. vtJQ~R. c,,orJ.1-rMc,:no111 B. Will any existing structure be removed/demolished? D Yes ~ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing Proposed sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Total sq. ft. sq. ft. sq. ft. ___ % ___ % % --- ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ % (If o Ck\/\ rJ <,€: 'f o € 1-l IT J fJ &-M'P ~,J(J> Page 2 of6 Revised 05/17 P.fi B. Parking: Number of existing spaces Number of new spaces proposed ______ _ Existing/Proposed TOT AL: Number of total spaces required ______ _ Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? D Yes ~No If yes, please complete the following: OYes# D No OYes# D No N o c..trl+rJb~ 1 o t7'-1Sflr'G- (t'PP(l../,-J~P. 1. Amount of cut ___________________ cu. yds. 2. 3. 4. 5. Amount of fill ___________________ cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of6 Revised 05/17 . ------------··--- C The following materials shall be submitted for each single family residence/minor coastal development permit application. 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.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Da. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. 0d. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. _ 0(3) Existing Land Use Designation and Zoning. 0(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). Di. All applicable Fire Suppression Zones as required by the City's Landscape Manual. 8. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the .Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. 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). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. 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. Page 4 of 6 Revised 05/17 C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the Landscape Manual. 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. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS OA. A completed Land Use Review Application Form. OB. Completed Coastal Development Permit Application. OC. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. OD. Disclosure Statement. OE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF. Completed "Project Description/Explanation" sheet. OG. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website. (Distribute copy to land Development Engineering). OH. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. 01. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). OJ. Property Owner's List and Addressed Labels: Single Family Residence 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. P-6 Page5of6 Revised 05/17 C 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: ' Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. 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 radius map. two sets of the property owners list and labels. The applicant shall be r~quired 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. Minor Coastal Development Permit 1. 100' Radius Owners and Occupants/Address List and Labels (for coastal zone/CDPs only): P-6 One (1) list of the owners and occupants/addresses located within a 100' radius of the project site; and two (2) sets of mailing labels of the addresses within a 100' radius. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 Page 6 of6 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 Revised 05/17 • •••NORTH ,_AMERICAN r.TITLE •COMPANY Like Clockwork" DKN Hotel, LLC 42 Corporate Park Suite 200 Irvine, CA 92606 Attention: Jeanie Salva Amended 8/30/2018 .. ~90 Bristol Street, Suite 190 Costa Mesa, California 92626 Office Phone: (949)419-9481 Office Fax: (714)667-0338 Email: rdean@nat.com Your Ref: 3136 Carlsbad Blvd. Our Order No.: 1269874 Property Address: 3136 carlsbad Boulevard, (Parcels 1, 2 & 3) and 3155 Lincoln, Street (Parcel 4) Carlsbad, CA Preliminary Report Dated as of August 27, 2018 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, First American Title Insurance 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CL TA and ALT A 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 Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments 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 ofa policy of title insurance, a Binder or Commitment should be requested. The form of Policy of title insurance contemplated by this report is: AL TA Extended Owner Policy Please note that the America's First Homeowner's Policy (CLT Al ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America's First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, ntle Officer Page 1 Rev. NAT 8/20/13 Order No. 92070-1269874-13 SCHEDULE A 1. The estate or interest in the land hereinalter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: S.C. HOTEL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. The Land referred to in this report is situated in the State of California, County of San Diego, and is described as follows: See attached Legal Description Page 2 Rev. NAT 8/20/13 Order No. 92070-1269874-13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: ALL THAT PORTION OF BLOCK 18 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, AND OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID BLOCK 18, DISTANT THEREON 150 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 18 SAID POINT BEING ALSO THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK 18 WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY, AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM W. T. HART AND SARAH M. HART, ET AL TO THE STATE OF CALIFORNIA, DATED AUGUST 7, 1924 AND RECORDED IN BOOK 1040, PAGE 76 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6°17' 30"; WEST (RECORD SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 198.75 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND CONVEYED BY THE WM. G. KERCKHOFF CO. TO GERARD C. AND MAY GARDNER, HUSBAND AND WIFE, BY DEED DATED AUGUST 19, 1936 AND RECORDED IN BOOK 546, PAGE 400 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO; THENCE NORTH 55° 27' EAST ALONG THE SOUTHEASTERLY LINE OF SAID GARDNER'S LAND 139.25 FEET TO THE MOST EASTERLY CORNER THEREOF, BEING A POINT ON THE NORTHEASTERLY LINE OF SAID TRACT 100; THENCE NORTH 34° 33' WEST ALONG SAID NORTHEASTERLY LINE AND THE NORTHWESTERLY EXTENSION THEREOF 160 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID TRACT 100, WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMPANY TO THE STATE OF CALIFORNIA, DATED SEPTEMBER 8, 1924 AND RECORDED IN BOOK 1032, PAGE 284 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6° 17' 30" WEST (DEED RECORD SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 79.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55° 27' EAST PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 100, A DISTANCE OF 95.85 FEET TO INTERSECTION WITH A NORTHEASTERLY LINE OF SAID TRACT 100; THENCE SOUTH 34° 33' EAST ALONG SAID NORTHEASTERLY LINE 90 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID TRACT 100, SAID POINT BEING ALSO IN THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO L. R. SLOAN AND BESSIE SLOAN, BY DEED DATED APRIL 28, 1930 AND RECORDED IN BOOK 1763, PAGE 328 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID SLOAN AND ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED BY SOUTH COAST LAND COMPANY TO L. R. SLOAN AND BESSIE SLOAN BY DEED DATED APRIL 28, 1930 AND RECORDED IN BOOK 1763, EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY ABOVE MENTIONED; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, THE SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE THEREOF, BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID Page 3 Rev. NAT 8/20/13 Order No. 92070-1269874-13 TRACT 100, EXCE$;NG THEREFROM THAT PORTION LYING NO.:_)WESTERLY OF A LINE DRAWN PARALLEL WITH AND 50 FEET MEASURED AT RIGHT ANGLES SOUTHEASTERLY FROM THE CENTERLINE OF CARLSBAD BOULEVARD, 100 FEET PARCEL 3: THE SOUTHEASTERLY HALF OF THE NORTHEASTERLY QUARTER OF BLOCK 18 OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. PARCEL 4: THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT; THENCE NORTH 34° 33' WEST, A DISTANCE OF 200 FEET; THENCE AT RIGHT ANGLES, SOUTH 55° 27' WEST, A DISTANCE OF 100 FEET; THENCE SOUTH 34° 33' EAST, A DISTANCE OF 200 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID TRACT 100; THENCE NORTH 55° 27' EAST, A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEAST 135 FEET THEREOF. SAID LAND IS SHOWN IN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (PROJECT ID: ADJ 14-1 CE 15-03), RECORDED 7-30-2015 AS INSTRUMENT NO. 2015-0403388, OF OFFICIAL RECORDS. APN: 203-250-26-00 (Parcels 1 through 3), 203-250-08-00 (Parcel 4) Page 4 Rev. NAT 8/20/13 Order No. 92070-1269874-13 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2017-2018. First Installment: $6,331.54, PAID Second Installment: $6,331.54, PAID Tax Rate Area: 09098 APN: 203-250-26-00 (Affects Parcels 1, 2 & 3) 3. Taxes for proration purposes only for the fiscal year 2017-2018. First Installment: $1,718.96, PAID Second Installment: $1,718.96, PAID Tax Rate Area: 09098 APN: 203-250-08-00 (Affects Parcel 4) 4. The following negative tax amounts are reported by the County Tax Collector: For: Supplemental Bill Fiscal Year: 2017-2018 First Installment: Second Installment: Tax Rate Area: A.P. No.: Negative $314.74, no taxes are due. Negative $314.74, no taxes are due. 09000 869-275-26-16 This is offered for information purposes only. Please contact the tax collector for additional information about the taxes for the land. (Affects Parcel 4) 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. Water rights, claims or title to water, whether or not shown by the public records. 7. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. Page 5 Rev. NAT 8/20/13 Order No. 92070-1269874-13 8. -"--~ \ Covenants, conditions, restrictions and easements in the docume....,kcorded May 28, 1932 as Book 131, Page 23 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Covenants, conditions, restrictions and easements in the document recorded January 3, 1935 as Book 371, Page 108 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Covenants, conditions, restrictions and easements in the document recorded August 17, 1936 as Book 546, Page 400 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Parcels 1, 2 & 3) 9. An easement for telephone and/or electric poles and lines, and rights of way for sewer, water, and/or gas mains, and pipe lines, in, under and over and across said property; together with the right to enter, on said property for purposes of construction, reconstruction, and for making repairs and alterations, provided, however, such poles, lines, or pipes shall be located as to interfere with the property as little as possible and incidental purposes in the document recorded May 4, 1937 as Book 643, Page 394 of Official Records. (Affects Parcels 1, 2 & 3) 10. An easement for telephone and/or electric poles and lines, and rights of way for sewer, water, and/or gas mains, and pipe lines, in, under and over and across said property; together with the right to enter, on said property for purposes of construction, reconstruction, and for making repairs and alterations, provided, however, such poles, lines, or pipes shall be located as to interfere with the property as little as possible and incidental purposes in the document recorded June 28, 1940 as Book 1040, Page 146 of Official Records. (Affects Parcels 1, 2 & 3) Page 6 Rev. NAT 8/20/13 Order No. 92070-1269874-13 11. C -). A Deed of Trust to secure an original indebtedness of $2,016,00G, recorded May 28, 2009 as Instrument No. 2009-0285117 of Official Records. Dated: May 26, 2009 Trustor: Trustee: Beneficiary: s. C. Hotel, LLC, a California limited liability company First Choice Bank First Choice Bank A document entitled "Assignment of Rents " recorded May 28, 2009 as Instrument No. 2009- 0285118 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded May 28, 2009 as Instrument No. 2009-0285117 of Official Records. The effect of a document Entitled as "Full Reconveyance" Recorded on May 6, 2015 as Instrument No. 2015-0225579 of Official Records. Prior to relying on the Re conveyance North American 1itle Company will require satisfactory evidence from the beneficiary under the deed of trust that the total amount due has been paid in full. (Affects Parcels 1, 2 & 3) 12. The terms and provisions contained in the document entitled Hazardous Substances Certificate and Indemnity Agreement, executed by and between S. C. Hotel, LLC, a California limited liability company and First Choice Bank, recorded May 28, 2009, as Instrument No. 2009-0285119 of Official Records. (Affects Parcels 1, 2 & 3) 13. A financing statement recorded May 28, 2009 as Instrument No. 2009-0285120 of Official Records. Debtor: S. C. Hotel, LLC and Surf Motel Secured party: First Choice Bank (Affects Parcels 1, 2 & 3) 14. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded August 27, 2014 as Instrument No. 2014-0369838 of Official Records. 15. An unrecorded lease executed by S. C. Hotel, LLC as lessor and Surf Motel as lessee, as disclosed to the Company. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. (Affects Parcels 1, 2 & 3) 16. A Deed of Trust to secure an original indebtedness of $187,000.00 recorded November 15, 2013 as Instrument No. 2013-0676110 of Official Records. Dated: Trustor: Trustee: Beneficiary: Lender: Rev. NAT 8/20/13 November 8, 2013 Dahyabhai L. Patel and Shantaben Patel, Trustees of The Dahya and Shantaben Patel Revocable Family Trust dated January 6, 2000 Unionbancal Mortgage Corporation Mortgage Electronic Registration Systems, Inc., as nominee for Union Bank, N.A., its successors and/or assigns Page 7 Order No. 92070-1269874-13 (Affects Parcel 4) 17. The effect of a document Entitled as "Certificate of Compliance for Adjustment Plat" Recorded on July 30, 2018 as Instrument No. 2015-0403388 of Official Records. 18. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 18, 2015 as Instrument No. 2015-0646572 of Official Records. Document re-recorded October 20, 2016 as Instrument No. 2016-0567109 of Official Records. 19. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 18, 2015 as Instrument No. 2015-0646573 of Official Records. 20. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded December 18, 2015 as Instrument No. 2015-0646574 of Official Records. 21. A Deed of Trust to secure an original indebtedness of $21,000,000.00 recorded March 23, 2017 as Instrument No. 2017-0132684 of Official Records. Dated: Trustor: Trustee: Beneficiary: March 21, 2018 S.C. Hotel , LLC, a California limited liability company Title365 Company Preferred Bank, a California banking corporation A document recorded March 23, 2017 as Instrument No. 2017-0132686 provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded March 23, 2017 as Instrument No. 2017-0132684 of Official Records. 22. A document entitled "Absolute Assignments of leases, lease Guarranties, Rents, Issues and Profits, Unrecorded Leases" recorded March 23, 2017 as Instrument No. 2017-0132685 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded March 23, 2017 as Instrument No. 2017-0132684 of Official Records. 23. A Deed of Trust to secure an original indebtedness of $5,000,000.00 recorded March 23, 2017 as Instrument No. 2017-0132687 of Official Records. Dated: Trustor: Trustee: Beneficiary: March 17, 2017 S.C. Hotel , LLC, a California limited liability company First American Title Insurance Company, a California corporation Rajiv Desai, an individual, and Anjanaben Desai, an individual Note: Trust deeds with individual beneficiaries: To avoid delays at the time of closing, please submit the original note, deed of trust and a properly executed request for reconveyance to this office at least one week before the close of escrow. Beneficiaries must approve the written demand; any document that needs to be notarized including a substitution of trustee and reconveyance or an authorization to reconvey must be notarized by a NATC approved notary unless waived by senior advisory. Page 8 Rev. NAT 8/20/13 Order No. 92070-1269874-13 -24. I. , -'"'\ A financing statement recorded March 30, 2017 as Instrument N~17-0144281 of Official Records. Debtor: S.C. Hotel, LLC Secured party: Preferred Bank 25. The terms and provisions contained in the document entitled Encroachement Agreement, executed by and between City of Carlsbad and SC Hotel LLC, A california Limited Liability Company, recorded September 5, 2017, as Instrument No. Instrument No. 2017-0405037 of Official Records. 26. Intentionally Deleted 27. With respect to S.C. Hotel, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require 28. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 29. Any rights, interests, or claims of parties in possession of the land not shown by the public records. ********** END OF REPORT********** Page 9 Rev. NAT 8/20/13 Order No. 92070-1269874-13 --- * * * * * NOTES * * * * * 1. Notice of change in ownership recording procedure Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non- exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American 1itle Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American 1itle Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American 1itle Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American 1itle Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American 1itle Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. Page 10 Rev. NAT 8/20/13 Order No. 92070-1269874-13 For Your Information. Our Wire Instructions Are: Wire To: Comerica Bank 2321 Rosecrans Ave, Ste 5000 El Segundo, CA 90245 Credit the Account of: North American Title Company, Inc. Bank Account No.: 1893920700 ABA No.: 121137522 Escrow No. 92070-1269874-13 ACH FUNDS -Automatic Clearing House North American Title Company, Inc. will not accept funds in the form of ACH transfers. Be sure to reference our order number 92070-1269874-13. Should this office be required to wire funds out at close of escrow, please be informed that wiring instructions should be received as soon as possible, but no later than the following times. Wires outside the State of California: 11:00 A.M. ON DATE OF WIRE Wires within the State of California: 12:00 P.M. ON DATE OF WIRE Effective January 1, 1991 A service charge of $25.00 will be assessed for all funds disbursed by this Company by wire. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 11 Rev. NAT 8/20/13 Order No. 92070-1269874-13 '""", Escrow No.: 92070-1269874-13 CERTIFICATION OF TRUST PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 I/We,-------------------------------~ trustee(s) confirm the following facts: 1. The,--------------,----------------(Name of Trust) is currently in existence and was created on: (Date of Creation of Trust). 2. The settlor(s) of the trust are as follows: 3. The currently acting trustee(s) of the trust is/are: ___________________ _ 4. The power of the trustee(s) include: (a) The powers to sell, convey and exchange [ ] YES [ ] NO (check one). (b) The power to borrow money and encumber the trust property with a deed of trust or mortgage [ ] YES [ ] NO (check one). 5. The trust is (a) revocable [ ] (b) irrevocable [ ] (check the applicable box) and the following party(ies) if any is/are identified as having the power to revoke the trust: 6. The trust (a) does [ ] (b) does not [ ] have multiple trustees (check the applicable box). If the trust has multiple trustees, the signatures of all the trustees or of any _____ of the trustees is required to exercise the powers of the trust. 7. The trust identification number is as follows: 8. Title to trust assets shall Be taken in the following fashion: (Social Security no./Employer ID) The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. The certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530, Statues of 1993. Date: ____________ _ Document date: ____________ _ STATE OF California )SS COUNlYOF ___________ ) On before me, __________ th,e undersigned Notary Public in and for said State, personally appeared ~~-~---,----~--=~--~~,----~--,----,----c,--,----,-----~--; who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature This area for official notarial seal Page 12 Rev. NAT 8/20/13 Order No. 92070-1269874-13 Attention: Your Ref: NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa, CA 92626 (800)464-6282 Fax: (714)667-0338 Email: rdean@nat.com Our Order No.: 92070-1269874-13 LENDERS SUPPLEMENTAL REPORT Dated as of August 27, 2018 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Hotel/Motel (Parcels 1, 2 & 3) and a Single Family Residence (Parcel 4) Known as: 3136 Carlsbad Boulevard (Parcels 1, 2 & 3) and 3155 Lincoln Street (Parcel 4) City of Carlsbad County of San Diego State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None Page 13 Rev. NAT 8/20/13 Order No. 92070-1269874-13 Privacy Policy Rev. 05/22/2018 North American Title Gron anies FACTS What? WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what wedo. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons North American Title Group, LLC Family of Companies ("NATG") chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does NATG share? Can you limit this sharing? For our everyday business purposes Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes To offer our products and services to you For joint marketing with other financial companies For our affiliates' everyday business purposes Information about your transactions and experiences For our affiliates' everyday business purposes Information about your creditworthiness Yes No Yes No No We don't share Yes No No We don't share For our affiliates to market to you Yes Yes For nonaffiliates to mark;:.et:...t:co:...y,_o:...u=----------------------'-------'-N'-'o------'----'W-'-e-'----'d--'o-"n---''t"s"-h"-a'--re'--1 Visit the following webpage for full instructions and a link to the Opt Out process Mail-in Form lf you have a joint account, your choice(s) will apply to everyone on your account unless you mark below. • Apply my choices only to me. Mail To: Rev. NAT 8/20/13 • via our NATTRACK system: www.nat.com/Opt-Out OR • Mail the form below Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. Call 1 (844) 654-5408 Mark any/all you want to limit: • Do not allow your affiliates to use my personal information to market to me. Name Address City, State, Zip Account# North American Title Group, LLC Family of Companies ATTN: General Counsel 760 Northwest 107th Avenue, Suite 400 Miami, FL 33172 Page 14 Order No. 92070-1269874-13 Who is providing this notice? What we do How does NATG protect my personal information? How does NATG collect my personal information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Nonaffiliates Joint marketing North American Title Group, LLC Family of Companies (identified below), which offers title insurance and settlement services and property and casualty insurance To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. We collect your personal information, for example, when you • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government~issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes-information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Your choices will apply to everyone on your account-unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with a Lennar name; financial companies such as Eagle Home Mortgage, Eagle Home Mortgage of California, CalAtlantic Mortgage, Inc., and Rialto Capital Management; and nonfinancial companies, such as Lennar Corporation, Lennar Multifamily Companies, Lennar Commercial, Lennar Homes USA, Lennar Family of Builders, CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, Five Point Communities, WCI Communities, LLC, Watermark Realty Referral, Inc., and WCI Realty, Inc. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, 1T service providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn't jointly market. The North American Title Group, LLC Family of Companies consists of the following entities: North American Title Company North American Title Company, Inc. North American Title Company of Colorado North American Title Insurance Company North American Services, LLC North American Title Agency, Inc. CalAtlantic Title, Inc. CalAtlantic Title of Maryland, Inc, Rev. NAT 8/20/13 Page 15 North American Abstract Agency NASSA, LLC North American Title, LLC North American Advantage Insurance Services, LLC North American National Title Solutions, LLC North American Title Agency, LLC CalAtlantic Title Atlanta, LLC CalAtlantic Title Charleston, LLC Order No. 92070-1269874-13 Exhibit A (06-03-11) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 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 clalms 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 c\atmant prior to the date the insured cla!mant became an insured under this policy; (c) resu!ting 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 clailllilnt had paid value for the insured mortgage or for the estate or interest insured by this po!icy. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Polley, 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. Invalldlty or unenforceability of the Hen of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and !s based upon usury or any consumer credit protection or truth In lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate of interest insured by this polfcy 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 pol\cy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/AL TA HOHEOWNER'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. envlronmental 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 llm!t 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 llmit 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 specific.ally 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 ls 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: I 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: Vour Dedurtjble Amount Q11r t:1a211mum l2!:!llat I lmitof I iablljty Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $10,000 (whichever is less) Covered Risk 19: 1 % of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever Is less) Page 16 Rev. NAT 8/20/13 Order No. 92070-1269874-13 -\_ Ai.TA RESIDENTIAL TITLEINSURANCEPOLICY(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 vlolatlon of any law or government regulation. This includes building and zoning ordinances and also laws and regulatlons concerning: * !and use improvements on the land land division environmental protection This exclusion does not apply to vlolations 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 TJl:le 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 knowing of the taking 3. Trtle Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Polley Date --unless they appeared in the public records that result in no loss to you that first affect your title after the Polley 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 of a 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. 2006 Al TA LOAN POU CY (06-J7-06) 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; (Ill) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 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 Polley, 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. Unenforceab\lity 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 unenforceabllity In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and ls 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 ntle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above 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, tights, 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, vlolation, 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 publ!c records. 2006ALTA OWNER'SPOLICY(06-J7-D6) 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 (1) the occupancy, use, or enjoyment of the Land; (I)) 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. Page 17 Rev. NAT 8/20/13 Order No. 92070-1269874-13 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 Oaimant; (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 Oalmant; (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 g 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 (ev!es taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (bl, 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. 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 l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(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 Oalmant; (b) not Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or lim!t the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 2.7 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 unenforceablllty !n 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 limlt the coverage provided in Covered Risk 26. 6. Any cla!m 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 llmlt 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 ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy ln accordance with applicable building codes. This Exclus\on 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. Page 18 Rev. NAT 8/20/13 Order No. 92070-1269874-13 ~ z c1 ie § w 0 a. /1) ~ z ,, "' N 0 " '? .... N a, "' CX) ~ .... w cl' <C (D .... "' 09 ):] ' ~ t • J iii 71 I 1J I ~ ~ J ! I-,__.. "' ]! C ..J w ;;: a: < " ~ ~"""" """"'' .... 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